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Resigned - are we entitle for salary up to our last day (including the annual leave entittlement days)

Mandy  
Guest
Fri, 19 Mar 2010 02:39:28 AM  (Last updated: Thu, 29 Apr 2010 03:25:45 PM)

Dear Sir/ Madam,

Good Evening.

I would like to clarify on salary payment that the employer should give us when we tender resignation.

Situation: 

  • Tender resignation on 1st Jan 2010
  • Need to serve 3 months notice
  • 5 days work
  • was informed by the HR dept that last day of work is on 31st march 2010
  • Have accumulated Annual Leave of 23 days (brought forward from previous year & is allowed by company)
  • after minus my Annual Leave available, my last day was on 28th Feb 2010
  • I worked until 31st Jan 2010 and paid the company 1 month salary in-lieu of notice due to i need to commence my new work early

 I would like to know whether the Company should pay my full salary for

  • Feb 2010 &
  • March 2010?

The HR dept said that, i am only entitle for my pay up to 31st Jan 2010. but i find it is not fair because i get all my accumulated leave which i brought forward from last year due to I work in most of my weekends. I should get my pay for Feb & March 2010 in full because I already paid back to Company for my early release of 1 month.

Am i entittle to get my Feb & March salary in full? 

Thank you very much on your professional advise

KL Siew
Administrator
Fri, 19 Mar 2010 09:54:06 AM

I don't think you are entitled to Feb and March salary. Since you left at the end of January, there was a short notice of two months for which you have to pay indemnity. Since you have paid a month's salary for Feb's indemnity and the value of your 23 days annual leave could be used to pay for March indemnity if your former employer agrees. .

Kay Lopez
Guest
Fri, 02 Apr 2010 02:20:24 PM

Hi there,

I would like to clarify the following:

  • Tender resignation on 2nd April 2010
  • Need to serve 3 months notice (Does the 3 months notice end on 2 July 2010 or does the 3 months are counted by the number of days and if so how does that work out? As of 2 July 2010, I still have 10 days of earn leave.)
  • Work day : Monday to Saturday. Saturday - half day

Thank you.

Damien Siew
Administrator
Thu, 08 Apr 2010 10:12:01 AM

The 3 months are calendar months, that means your notice ends on 2 July 2010.

With your leave balance of 10 days, and since Saturday is half work day for you, your last day should technically be the second half of 21 June 2010. Meaning you work half day on 21 June 2010.

But you can try negotiating with your boss and HR to forget about the half-day.

willie d
Member
Wed, 28 Apr 2010 08:28:34 PM

KL Siew
Administrator
Thu, 29 Apr 2010 03:25:44 PM

To Dennis. They should pay your April salary as usual and not in June. If you don't get it these few days, you can complain to the Labour Department.

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