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Terminated Employee entitled to 1 years annual leave ?!

Lio-Pillow
Member
Sun, 25 May 2014 11:20:38 PM  (Last updated: Mon, 26 May 2014 01:56:08 PM)

Hello. I am terminating my employee's employment contract due to financial difficulties in the conpany. She is entitled to 12 days of annual leave, however it is now only the month of May and she has already used up 12 days of annual leave, is she entitled to that as I have terminated her contract(with 2 months notice) ? Would it make a difference if after giving her a letter of termination, she sent in a letter of resignation to waiver 1 month of the 2 months requirement stipulated in our contract ? How many days of annual leave is she actually entitled to...? 

KL Siew
Administrator
Mon, 26 May 2014 10:30:22 AM

You have to give two months notice or pay two months salary in lieu. If there is mutual agreement by both sides to do otherwise, do it properly so that there will not be disputes.

Lio-Pillow
Member
Mon, 26 May 2014 12:16:06 PM

Alright. Thank you, I understand that part. But what about her annual leave ?

Should she be allowed 12 days or to be portioned of to her working months which is 5 months and therefore 5 days annual leave.

KL Siew
Administrator
Mon, 26 May 2014 01:56:08 PM

Her leave was approved by the company in the first place. Not her fault I suppose, HR should not have done that.

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