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13/07/2010 17:51:44
Re: Leaving with advance leave taken

Hi Siew,

I had a staff who leave the company on 7 Jul but with the advance leave taken of 8.5days. June 10 salary has been issued to him on 27 June 2010. I had a problem of issuing him July salary ( 1 to 7 :7days) as he has taken an advance leave of 8.5days. What are the proper documentation can I do at this stage?
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KL Siew
13/07/2010 18:06:44
Section 24 of the EA says deduction can be done if it is overpayment by mistake. But in your case, it is giving more leave than he is entitled to. I am not sure whether you can grab his balance of salary to pay for it. Consult the Labour Department for proper advice.

24. Lawful deductions.

(1). No deductions shall be made by an employer from the wages of an employee otherwise than in accordance with this Act.

(2) It shall be lawful for an employer to make the following deductions:

(a)deductions to the extent of any overpayment of wages made during the immediately preceding three months from the month in which deductions are to be made, by the employer to the employee by the employer's mistake;
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13/07/2010 18:31:21
Hi Siew,

there's nothing else can be deducted, only the 7 days' pay. It's not enough to cover the 8.5 advance leave taken.

Thanks for ur advise. I will call up laboe office tomorrow.
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