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Is the probationary staff entitled to annual leave if resigns?

Fri, 05 Sep 2014 04:31:59 PM  (Last updated: Mon, 08 Sep 2014 11:50:39 AM)

My annual leave entitlement is 12 days per annum. I joined with the company for 4 months only. Would like to check whether probationary staff is entitled annual leave pay if resign. I checked with the HR personnel and said that the probationary staff is not entitled for annual leave. Also mentioned according to labour law, company has the right to do it.

Below are the clauses that stated in my company’s employee handbook:

1. Annual leave is leave on full pay granted in respect of qualifying service in any one year, January to December.
2. Only confirmed employees are entitled to annual leave.
3. Employees with less than one year of service with the company will be entitled to annual leave on a pro rate basis for that calendar year.

KL Siew
Sat, 06 Sep 2014 09:05:18 AM

If you have just started your working life, I suggest you read up Part 12  of the Employment Act to get info about the minimum terms and conditions of service that employers are required to provide under the Act.

Mon, 08 Sep 2014 11:50:39 AM

For my understanding from employment act, employer should pay me the annual allowance even I resign during probation period. Please correct me if I am wrong. I also called up to labour office to verify the issue before post my question here. The officer told me that the employer has the right to set the clause as above mentioned. And my wage exceed RM2k which is not covered by employment act 1955. Is the officer provided me the correct info?

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