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DEDUCTION/CALCULATION OF UNPAID LEAVE

See See
Member
Wed, 28 Dec 2011 02:34:43 PM  (Last updated: Thu, 29 Dec 2011 01:33:27 PM)

Hi,

I took 2.5 days of unpaid leave this Dec 2011.  My monthly wage is RM3,000.00. My pay has been deducted with RM346.15, based on the formula: [{3000 x 12} / 52] / 5 = RM138.46 per work day. Is this deduction reasonable and within the Labour Law?  By the same calculation, my take home pay should be RM37,38.46 (based on a 27 work-day month).

Please advise.  Thanks.

Soochiew

KL Siew
Administrator
Wed, 28 Dec 2011 04:15:13 PM

Although you are not covered by the Employment Act, the formula in the EA is (salary/26) per day.

See See
Member
Wed, 28 Dec 2011 05:39:51 PM

Ouch.  so can I "demand" back my balance of RM(346.15 - 230.77) = 115.38.  Will I have a re-couse/protection from Labour's office, if Management so happen to penalise me ( in the form of non increment etc in future), if I make a request for "refund".

What should I do, if the M say that our company policy is such. 

KL Siew
Administrator
Thu, 29 Dec 2011 08:25:18 AM

Actually, employees have no right to take no pay leave and also there is no formula in the EA for no pay leave. I seem to have made a slip there in my earlier reply,  forgetting you were talking about no pay leave and not balance of annual leave. There is no way you can get the "refund".

See See
Member
Thu, 29 Dec 2011 01:33:27 PM

Hi KL Siew,

Thanks for the advise.

I shall keep quiet and be good!!

:)

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