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Theresa
17/08/2016 16:12:15
Re: Annual Leave

Dear Sir,

I have worked for 2 years plus with a company and now the company is closing down.

I know that if an employee has worked with a company for more than 2 years, we are entitled for 12 days AL.

I also understand that we have to work this year first (12 continuous months) , then only claim our AL next year.

I have: 8 days AL and 11 days PH = 19 days leave for each year 2014 and year 2015.

I have fully utilised the 19 days leave for 2014 in year 2015.

I have balance 3 days for year 2015 which I should utilise this year (2016).

Now company is closing down at the end of August 2016.

And since I have work for more than 2 years, my AL next year should be 12 days + 11 days PH = 23 days.

But since company is closing down at the end of August 2016, company should pro rate my AL for next year and compensate me, yes?

If yes, then company will have to pay for 15 days (after pro-rate) + 3 days balance.

Please correct me if I am wrong.

Thank you.



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KL Siew
klsiew.my@gmail.com
17/08/2016 18:51:41
To make easier to understand your situation, please state what is the date of your commencement of employment with the company?
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Theresa
17/08/2016 19:24:08
Dear Sir,

I started working with the company on 7th October 2013.

For year 2013, company gave me 4 days leave after pro-rate. (8 days AL + 10 days PH). These 4 days were utilised in year 2014.

Company will close down this end August 2016. I am not sure how to describe it, but my boss needs to close down his company and hand it over to new owner. And new owner doesn't want to continue with the AL. The new owner wants to start new 'book'. I will be working under different company name. So, boss said, will pay the unulitlised leaves.

I know I have 3 days balance for last year's earned AL. And I also think my boss should pay for this year earned AL.

Please correct me if I am wrong.

Thank you.

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KL Siew
18/08/2016 18:20:51
So, you calculate this way:

7th October 2013 to 6 October 2014 = 8 days
7th October 2014 to 6 October 2015 = 8 days
7th October 2015 to August 2016 = prorated (12/12) x 10 months = 10 days.
So, the total entitlement is 26 days. With that you should know about deducting the leave you have taken, and should know the balance if any you have.
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