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Forced to take annual leave upon resignation

Deet06
Member
Thu, 18 Dec 2014 01:22:02 AM  (Last updated: Thu, 18 Dec 2014 05:57:11 PM)

Hi,

I have handed in my resignation letter in which I clearly stated tht my last day will be on the 31/12/2014. I emailed it to my director which was in overseas at that time an handed a hardcopy in person to the associate director (HR was on maternity leave). It was accepted without question and no further communication was carried out regarding my last day of employment (2 months notice) which lea me to assume it was accepted. As of today - 18/12/14, I have 7 days of annual leave left and I recently found out from a colleague that the company has the intention to make me leave on 26/12/14. Which mean I'm forced to take three days annual leave for the period of 29/12-31/12 and they will only pay me the remaining 4 days of my annual leave.

I do not wish to take unnecessary leave and so I was hoping that I can get some advise as to how can I go about this? Can they do that to me? If there someone I can refer to? My Salary is Rm4500 so I'm not sure if I am still protected under labour law. 

Also, the company is withholding 3 months of my expenses claim and a medical claim. I have asked them several times when will I be receiving my claims but to no avail.

Would greatly appreciate any help/ advice. 

Thank you in advance. 

KL Siew
Administrator
Thu, 18 Dec 2014 08:40:01 AM

If they want you to clear all your leave, you have to take it. However, they must pay you up to the last of of your notice. Since you salary is under RM5000, for salary matters, you may approach the Labour Department and get some advice whether they can in any way help you out.

Deet06
Member
Thu, 18 Dec 2014 04:22:37 PM

Hi,

Thank you for your prompt reply. It was stated in our company's employee handbook that any unused leave upon resignation will be paid in cash. So if that's the case can they still force me to take my leave? Also I tried to request to have a look at the handbook from HR department but was told that it was kept locked in the director's room. This sounded a little dodgy to me as it is an employee's handbook which should be available to us at all times? 

Also, if they have that intention shouldn't they have cleared it with me upon receiving my letter? No indication of their intention has been made cleared to me however this was discussed openly in the presence of all the company's staff after I have left work. I believe any arrangement of my final days of employment should be discussed between me and te company behind closed doors or do we as employee do not even have that bit of respect and right. 

Kindly advise. 

KL Siew
Administrator
Thu, 18 Dec 2014 05:57:11 PM

Anyway, if you cannot have the matter resolved amicably with the company, I don't think it can be solved elsewhere. The Labour Department may not entertain your leave matters and you are not covered by the EA. Try your best to sort it out with the company.

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