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Retirement and Annual Leave

Tue, 26 Feb 2008 12:37:18 PM  (Last updated: Wed, 27 Feb 2008 06:10:59 PM)

Dear Sir,

I am asking on behalf of my father.

My father is 55years old on this 16th of Feb.

A month ago, he has already submitted his resignation letter.

He plans to work until t he end of February.

He still has 20 days of annual leaves.

The disputes come like this:

1. His employer request him to work for another half-a-month, if my father disagree, the salary for Febraury will be burnt.

2. My father is not allowed to receive commision for the sales he has done.

3. My father is not allowed to take any leaves since he handed in the resignmation letter.

My questions are:

1. Is my father automatically dismissed from his position on 16th of Feb (His 55th birthday)? Can he not continue to work after 16th of Feb even without hand in the resignation letter?

2. Is my father allowed to receive commision for the last month?

3. Should the company pays him compensation for the untaken leaves? Or can he use all the untaken leaves before he leaves the company?

Thank you very much.

KL Siew
Tue, 26 Feb 2008 03:21:51 PM

If you father has given sufficient notice for his resignation, I don't see how he is entitled to his February salary. Check with your father the actual notice period for resignation.

1. In your father's case, he has submitted his resignation and not retired. If you didn't resign, of course you can continue to work. If it is the policy of the company that an employee must retire on reaching 55, the company will have take action to retire him.

2. If the commission is payable only after successful collection of the money from his sales and if your father is no longer in the company to do the collection, commission may not be due.

3. If the company does not allow him to take his balance of leave, the company must pay him.

Bring you father to the Labour Department and discuss his case with one of the officers there.

Wed, 27 Feb 2008 03:49:49 PM

Dear Sir,

My father handed in resignation letter a month ago and he still has 20 days of annual leaves. Can this situation be considered as giving 2 months notice for resignation? Are the untaken leaves still considered valid and payable?

Now my father has negotiated with the company and agreed to work until 4th of March, which means work extra 4 days. Does he need to get any letter from the company to prove that he will be working for extra 4 days? (As his company doesn't have any "punch card

Wed, 27 Feb 2008 06:10:59 PM

Does Labour Department charge for solving the dispute?


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