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resignation without anual leave pay

Yeok Hao Siang
Member
Tue, 08 Dec 2009 12:30:54 PM  (Last updated: Thu, 10 Dec 2009 10:44:52 AM)

 I have tender my resignation letter with 2 months notice given as stated on the confirmation letter. My question is do the employer have the right not to pay the balance 2 months AL (after tender resignation letter) when i exit the company. Please advice, appreciated for the reply.

KL Siew
Administrator
Tue, 08 Dec 2009 03:49:12 PM

You can take the leave balance before you go if you are entitled to it. If they don't allowed you to take then they must pay for it.

Yeok Hao Siang
Guest
Tue, 08 Dec 2009 11:11:56 PM

 To clarify my issue, i start my job in 01 June, tender the resignation letter in 01October and i shall exit in 31December, prorated the annual leave i have 7days, but the employer only pay 5 days AL instead of 7 days, because he claim that after tender the resignation letter, u are not entitle with AL. Can the employer have this rights.

KL Siew
Administrator
Thu, 10 Dec 2009 10:44:51 AM

Try to get a confirmation from the Labour Department about that. To me, it should be prorated up to 31 Dec. But don't be surprised that some Labour Departments may say you are not entitled to any leave at all because you have not completed 12 months service to earn any leave.

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