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Jessie
jessie.choy@yahoo.com
14/01/2016 10:00:21
Re: Annual Leave

Dear Sir,

Please ignore the earlier email.

The following is the extract from labour law:-

60E. (1) An employee shall be entitled to paid annual leave of :

(a) eight days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of less than two years;

(b) twelve days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of two years or more but less than five years; and

(c ) sixteen days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of five years or more;

and 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 leave shall be in direct proportion to the number of completed months of service:

Provided that any fraction of a day of annual leave so calculated which is less than one-half of a day shall be disregarded, and where the fraction of a day is one-half or more it shall be deemed to be one day.

Q1. The employee was with the same employer for 5 years and 4.5 months till 31 Dec 2016, joining date is 15 August 2011, How many days of annual leave he/ she entitled for the year 2016. ie from 1 Jan 2016 to 31 Dec 2016 based on the labour law.

Please help to calculate/ indicate the number of days entitled for the year 2016.

Thank you.
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KL Siew
klsiew.my@gmail.com
14/01/2016 12:26:37
The the 4.5 months, annual leave should be 16/12 x 4.5 = .?..... You do the calculation.
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Jessie
jessie.choy@yahoo.com
15/01/2016 09:49:51
Dear Mr Siew,

Please confirm if the following calculation is correct based on labour law act 60E for a staff joined in 15 Aiug 2011:-

Tenure for 1 Jan 2016 - 14 Aug 16 = 12/12 x 7.5 mths = 7.5 days
Tenure for 15 Aug 16 - 31 Dec 16 = 16/12 x 4.5 mths = 5.9 days

Therefore total entitlement for 1 Jan 2016 to 31 Dec 2016 is 13.4 days.

Your reply is appreciated.

Thank you.

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KL Siew
15/01/2016 12:34:21
I think it should be like that.
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Jessie
jessie.choy@yahoo.com
15/01/2016 16:37:04
Dear Mr Siew,

Is your answer 100% firmed as you wrote you think....? Again if someone asked:-

Q1. How many years of service you have been working for this ABC company?

A1. My answer is simple, that is 5 years & 4.5 months. So my entitlement should be 16
days provided if I work till 31 Dec 2016.

Looks like this answer is also correct.

Appreciate if you could give a firm answer.

Thank you.


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KL Siew
15/01/2016 17:47:21
That was only my humble opinion. Give a call to the local Labour Department. Official ruling should be better.
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