Hi KL Siew,
I have encounter a problem here. One of our staff would like to resign by giving 1 week notice as he is still under probation period. And his salary is RM1.5K.
In our appointment letter, it stated: "you will not be entitled to any leave if you tender your resignation during the probation period."
However, according to employment act section 60E, it stated: "if he has not completed twelve months of continuous service with the same employer during the year in which his contract of service terminates, his entitlement to paid annual eave shall be in direct proportion to the number of completed months of service."
Therefore, I would like to clarify on this issue whether we should follow appointment letter or appointment letter. Please advise urgently.