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Probationer resignation & Annual leave entitlement

Tue, 04 Nov 2014 11:14:45 AM  (Last updated: Tue, 04 Nov 2014 01:55:05 PM)

Hi there,

I m a assistant manager of 1 of the local company and I've been working with this company for a year, but i have not received any confirmation, there were no increment nor extension probation letter after my service of 6 months. I would like to resign from the company now, there are few things i would like to get some answer.

1. From my contract :-

"During the probationary period, the employment may be terminated by either party giving 24 hours notice in writing or the payment of 1 day's salary in lieu"

I've check with HR, her response was, "by right should be 24 hours, but is better if could give 2 weeks notice for the company to find someone to replace"

>> Q : Based on my contract, is it fine to inform my superior with 24 hours notice?

2. From my contract :-

"After completing 1 year service, the employee is entitled to annual leave with full pay as follow :- less than 2 years - 8 days. "

According to my HR, i am not a confirm staff, i'm not entitled for any annual leave.

>> Q : If i resign now, will i be getting the 8 days annual leave ? If not, what can i do ? 

Thanks for looking into it for me.

KL Siew
Tue, 04 Nov 2014 01:55:05 PM

Since that two are written terms and conditions, they are valid and you can follow accordingly. I don't think there should be other interpretations. In short, notice period can be 24 hours and leave entitlement not to start after confirmation since it was not stated so.

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