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Adriad CHOO
adriadchoo@hotmail.com
07/03/2013 17:53:21
Re: Annual Leave Entitlement during probation

Is it legal for an employer to put in a clause saying that under the probation period, an employee IS NOT ENTITLE to any Annual Leave? The annual leave will only start to be accummulated once s/he has been confirmed in the position.

From my understanding, the Employment Act does not distinguish a probationer and a confirmed staff. They both enjoy the same privilege. The only different is that some company allow probationer to take Annual Leave while some only allow them after confirmation. However in both cases, a probationer is entitled to accumulate his/her annual leave from the first day of joining.

Please enlighten me if I'm wrong.

Thank you in advance.
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KL Siew
klsiew.my@gmail.com
07/03/2013 18:16:54
First you must complete 12 months of continuous service before you are entitled to annual .leave. Any leave taken before that might be considered as no pay leave. Correct, leave entitlement starts from date of joining, the 12 months of service starts from date of joining and not after confirmation.
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