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Do employer has right to refuse employee offset leave when resign?

Kar Ma
Member
Sun, 12 Feb 2012 11:34:57 AM  (Last updated: Tue, 06 Mar 2012 09:51:55 AM)

According to my contract of service, I need to give one month notice when resignation.But i have 10 days leaves, I want to offset it to bring forward my last day. But my manager refuse to approve the offsetting leave, and insist i need to work for 1 month. But i need to fly to oversea and have already bought the air ticket.

Do the employer has right to refuse to let me offset my entitled annual leave during the notice period? If i insist to leave earlier with my entitled annual leaves, what can the employer do?

If I choose to offsetting my annual leaves, do i get paid for the full notice period?

By the way, my salary is above RM1.5k, is it not cover by employment act 1955?

KL Siew
Administrator
Sun, 12 Feb 2012 08:54:29 PM

If they don't approve the leave, the company may have to pay for it. In your case, you may have to do what you have to do, irrespective of the consequences.

Boey
Member
Mon, 27 Feb 2012 01:39:00 AM
Originally posted by Kar Ma on Tue, 06 Mar 2012 09:51:55 AM

According to my contract of service, I need to give one month notice when resignation.But i have 10 days leaves, I want to offset it to bring forward my last day. But my manager refuse to approve the offsetting leave, and insist i need to work for 1 month. But i need to fly to oversea and have already bought the air ticket.

Do the employer has right to refuse to let me offset my entitled annual leave during the notice period? If i insist to leave earlier with my entitled annual leaves, what can the employer do?

If I choose to offsetting my annual leaves, do i get paid for the full notice period?

By the way, my salary is above RM1.5k, is it not cover by employment act 1955?

Dear Sir or Madam,

I do have the similar query as Kar Ma.

My situation is salary is 3k and have to serve 2 months notice for resignation. Currently i still have 30 over days of annual leave.

Would like to enquire if possible if i choose to offset 30 over days in 1 off if i insist on this?

If this is acceptable, shall i take this 30 over days included weekend? For your information, i am working 5 days/ week.

Thank you in advance for your kind assistant!

KL Siew
Administrator
Mon, 27 Feb 2012 02:13:50 PM

I can only say you have to discuss with your HR and sort it out. If you are allowed to offset with the 30 days, weekends should be included, just like using 30 days salary to pay for the short notice.

Boey
Member
Tue, 28 Feb 2012 06:35:12 PM

Appreciate for your advice!

 

Stanley Ding
Member
Sat, 03 Mar 2012 01:23:42 AM

Hi sir/madam,

I have a not so similar issue here but will really wish that you can enlighten me. I have just recently resigned from my position. Upon resignation, I need to serve a notice of 3months but however, my future employer can not wait that long and only can wait for me 1month and is willing to pay up 2months. They will reject the offer if I could not turn up after 1month. On the other hand, my current employer is not willing to let me go early and insist that I serve full term (3months).  What can I do now?

1) Can I just pay the 2months (whether they are accepting or not) and leave the company after 1month?

2) Do my current company have the right to hold my salary or whatever claims that is still not reimbursed after I left?

3) What about the annual leaves that is still remaining, do you think they will pay me?

4) Any suggestion that is the best I can do to settle this issue amicably as I am definitely opting to leave in 1month time and nothing else?

5) Will this 2months payment in lieu of notice taxable on me?

Hear from you soon. Thank you in advance for your advice.

KL Siew
Administrator
Sat, 03 Mar 2012 10:08:20 AM

 

1. You may do so if wish.

2. We don't know what the company will do. It is up to them. You can sue if they don't pay.

3. Better apply to clear it before you go.

4. You decide what you think it best for yourself. Discuss with your HR department if you want to settle the issue amicably.

5. Ask the Income Tax Department about it.

 

Michelle Tai
Member
Mon, 05 Mar 2012 09:35:55 PM

Hello!  

I would like to ask a few questions. 

As for my situation, I have worked for my company for 1 year and 2 months, started working on 1st of Dec 2010, and recently just resigned from my current position. Last day of work is 29th of February 2012. Been facing some problems - unable to claim my 15 days annual leave (13 days from last year, and another 2 days from this year :2012). 

I handed-in my resignation letter on the 31 Jan 2012, 14th of Feb 2012 should be the last day after offsetting my leave. But they do not allow me to offset my leave, so i worked until end of the month. They keep complaining that offsetting leave doesn't make it one month notice. I was told by my ex-colleague (which has worked for the company for 6 years) that the employees have 14 days of annual leave. My employer now says that i couldn't cash-in my leave, and it is my own fault for not using up my leave before I leave. At first they said leave were given to every employee after working for 1 year, then after that they try to say that 14 days of leave is given the day you started to work. I am unable to say anything as our company do not offer any confirmation letter and there's no rules and regulations. 

 

But now they are willing to pay me 8 days of annual leave. 

 

Should i stay firm to get paid for 15 days of annual leave?

 

Is it fixed that every employee in any company only have 8 days of leave (working less than 2 years) ?

 

 

KL Siew
Administrator
Tue, 06 Mar 2012 09:51:55 AM

To Michelle Tai: What is your leave entitlement in the appointment letter? Is it 13 days per year as you said? Anyway, if you are really entitled 15 days as you said, they should pay up to 15 days.

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