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SS Tan
13/07/2010 13:10:48
Re: Can I take my annual leave to cover the resignation period

Dear Sir,

I have been tendered my resignation on 01-Jul-2010 with giving 2 months notice. Hence my last day should be 31-Aug-2010, but however I would like to offset my partial annual leave in order to leave earlier. Anyway, my boss said that I don't have the right to do so, if I insisted, they have the right to sue me in the court. Is that right? Until now, they don't want to approve my annual leave application. In this case, shall I need to serve my period until 31-Aug? Would appreciate yr adivse, thanks a lot.

Best Rgds,
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KL Siew
13/07/2010 14:02:44
You can take leave as stated in Section 60E(2A) of the EA as follow. If they don't approve, they will have to pay you for the leave balance.

"(2A) Notwithstanding subsection (2), upon the termination of an employee's contract of service, the employee shall be entitled to take before such termination takes place the paid annual leave due to be taken in the year in which the termination takes place in respect of the twelve months of service preceding the year in which the termination takes place, and, in addition, the leave accrued in respect of the completed months of service during the year in which the termination takes place."
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16/07/2010 14:33:31
What is the legal maximum of the total number of hours worked by an employee?
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