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deduction in lieu of notice

joshcloudz
Member
Wed, 19 Jun 2013 01:32:42 PM  (Last updated: Tue, 25 Jun 2013 12:57:56 PM)

Hi,

Please help me to understand if i have the correct understanding.

Case: Staff fully utilised all annual leaves allocated for year 2013. went absent since 10th June 2013 up until 14th June without notifying the Management after taking 3 annual leaves (3/6-5/6), 2 unpaid leaves (6/6-7/6) and 1 Marriage leave (8/6). Show cause letter was sent on 14th June on the above and on the 17th June he sent a resignation letter saying he resign effective 3rd June 2013.

Question: after prorating his annual leaves, he has overtaken by 8.5 days. can we claim back the 8.5 days of annual leaves, 1 month salary in lieu of notice and using his pending medical claims to offset the total amount? can we go to small courts claim to file in our case if he should choose to ignore our demand letter?

thanks in advance!!

Josh

mdkamil
Contributor
Wed, 19 Jun 2013 05:50:34 PM

In my opinion, it is not right to claim back leaves that have been taken upon approval. An employer should approve leaves based on the total earned (not total of annual entitlement). This is to prevent over-utilised of annual leave.

To claim for payment in lieu of notice, the employer can file a case under Sec 69C EA 1955, at the nearest Labour Dept.

joshcloudz
Member
Mon, 24 Jun 2013 12:51:01 PM
Originally posted by mdkamil on Wed, 19 Jun 2013 05:50:34 PM

In my opinion, it is not right to claim back leaves that have been taken upon approval. An employer should approve leaves based on the total earned (not total of annual entitlement). This is to prevent over-utilised of annual leave.

To claim for payment in lieu of notice, the employer can file a case under Sec 69C EA 1955, at the nearest Labour Dept.

Hi mdkamil,

Thanks for the advice. Do i go straight to Labour Dept to file the claim or do i need to follow a certain procedure?

Thanks!

Josh

mdkamil
Contributor
Mon, 24 Jun 2013 10:37:16 PM

You may go straight to the Labour Dept and meet up with the Labour Officer on duty. Just tell the officer that you have an employee who had left without serving his/her notice and that the company wishes to make claim under Sec 69C

joshcloudz
Member
Tue, 25 Jun 2013 12:57:56 PM
Originally posted by mdkamil on Mon, 24 Jun 2013 10:37:16 PM

You may go straight to the Labour Dept and meet up with the Labour Officer on duty. Just tell the officer that you have an employee who had left without serving his/her notice and that the company wishes to make claim under Sec 69C

Hi mdkamil,

Thanks for the advice!!

Regards,

Josh

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