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12/06/2015 01:12:18

Dear Mr Siew,

Would like to seek for your advise on my case below:-

Issue 1:
1. I tendered my resignation on 25th May 2015
2. My notice period: 1 month
3. Balance leave: 4.5days
4. HR calculation last day: 18th June 2015

I am giving a month notice and seek for advise from my HR on my last day (after deduction of my balance leave 4.5days) which will fall on 18th June 2015. My company is asking me to leave earlier which is on 12th June 2015 by paying my salary up to 12th June and would not compensating me for the 4.5 days balance leave. Would like to seek for your advise whether it is allowed by law to do so or shall I insisted on leaving 18th June 2015 as it is obvious that this company is taking advantage on me.

Issue 2:
Due to my resignation, is my company eligible to on hold my April and May commission? Can I bring this case to labour office?

Note: My pay is more than RM2k but below than RM5k.

Appreciate your advise.

Thank you.
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KL Siew
12/06/2015 14:07:15
1. Your last day should be 24 June and you should be paid up to 24 June even if they allowed you to leave 4.5 days earlier in view of the leave balance.

2. If in normal practice, commission is payable after successful collection of debts, then I think commission may not be payable since you are no longer there to collect the debts from customers.

Anyway, you still have the right to bring the matter to the Labour Office if you think necessary.
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