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resignation - annual leave

LIN  
Guest
Thu, 21 Feb 2008 12:49:46 AM  (Last updated: Thu, 21 Feb 2008 11:59:44 AM)

i have found a new job n will be starting on 10 mac. I tendered my resignation (1 month notice ) on 19 feb and was planning to work until 6 mac n the rest days to be deducted from my annual leave which i have(11 days). unexpectedly, i was told by my HR dep that i am no longer eligible to take annual leave since i tendered my resignation. so, my annual leave is consider burn! is this true or am i being bullied here?

KL Siew
Administrator
Thu, 21 Feb 2008 08:09:13 AM

I think you have a case to complain to the Labour Department.

Lillian
Guest
Thu, 21 Feb 2008 11:52:48 AM

Siew,

I have attended a training on Labour Law and Employment Act with MEF, and the speaker at that time had reiterated that it is the employer who GRANTS the annual leave to the employees and they have the right to decline leave applications.

With this, if the staff has resigned, (like LIN's case), can the employer forfeit the balance of the unutilised leave? The law did not specifically indicate a no. It was rather silent on that part.

Pls advise.

KL Siew
Administrator
Thu, 21 Feb 2008 11:59:44 AM

If they decline then they will have to pay for the b alance of leave. Section 60E(2A) of the Employment Act quoted below may be of help:

"..(2A) Notwithstanding subsection (2), upon the termination of an employee's contract of service, the employee shall be entitled to take before such termination takes place the paid annual leave due to be taken in the year in which the termination takes place in respect of the twelve months of service preceding the year in which the termination takes place, and, in

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