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URGENT: Company force me to take annual leave when i resign

Swee Kiah  
Guest
Thu, 22 Oct 2009 12:22:27 AM  (Last updated: Wed, 18 Nov 2009 09:28:44 AM)

Hi,

I have tender my resignation on 06 Oct and my notice period is 1 month. My last working day should be 05 Nov. Beside this, i still have 10 days annual leave that haven't use.

I have informed my manager that i plan to work until 31 Oct and will take annual leave from 02-05 Nov and remain annual leave will conver to cash.

Since i have complete all project handover & just doing operation support, My manager/company is force me to take annual leave start from 26-Oct until 05 Nov and remain 1 day annual leave will convert to cash (which i not willing to do it). Did they allow to do that - Force employee take their annual leave when they resign? Did Malaysia labour law allow the company do this?

Please help. If can, can you contact me?
I have emailed to your yahoo email.

Thanks
Swee Kiah

KL Siew
Administrator
Thu, 22 Oct 2009 08:37:02 AM

Section 60E(2) of the Employment Act says:

"(2) The employer shall grant and the employee shall take such leave not later than twelve months after the end of every twelve months continuous service and any employee who fails to take such leave at the end of such period shall thereupon cease to be entitled thereto:

Provided that an employee shall be entitled to payment in lieu of such annual leave if, at the request of his employer, he agrees in writing not to avail himself of any or all of his annual leave entitlement."

So, when your employer grants you leave, you have to take. If you fail to take, it will be forfeited. You cannot ask to be paid cash for it. It is only when he asks you not to take leave and you agree, then he will have to pay you in cash.

SweeKiah
Guest
Thu, 22 Oct 2009 10:50:11 AM

Section 60E(2) of the Employment Act mention that "(2) The employer shall grant and the employee shall take such leave not later than twelve months after the end of every twelve months continuous service and any employee who fails to take such leave at the end of such period shall thereupon cease to be entitled thereto:

This statement is more related to employee shall take such leave no later than 12 months after the end of every 12 months continuous service. The way i read it is more related to the carry forward leave... does it apply to my case?

SweeKiah
Guest
Thu, 22 Oct 2009 11:04:31 AM

How about this act?

(3A) If the contract of service has been terminated by either party before an employee has taken the paid annual leave to which he is entitled under this section, the employer shall pay the employee his ordinary rate of pay in respect of every day of such leave.

KL Siew
Administrator
Thu, 22 Oct 2009 11:45:54 AM

Yes, that means the employer will have to pay if the employee's service was terminated before he got the chance to take his leave.

sweekiah
Guest
Thu, 22 Oct 2009 02:02:30 PM

OK. So it's mean i still have chance to take leave (which was forced by them) and i should accept it?

By the way, if my month salary is more than 5K, it's mean the labour law will not protect me? These act mention here also not applicable?

KL Siew
Administrator
Thu, 22 Oct 2009 04:47:55 PM

Take the leave and have a good rest before your new endeavour.

. The Employment Act only provides minimum terms and conditions of service. For employees in the higher position, they should be able to look after their own interests. They should be in the position to negotiate for better terms and conditions of service. For other matter like termination of service, dismissal and so on, the Industrial Relations Act provides protection to everybody.

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