RegisterLog In

Resignation, Last Day and Off-set of AL

HLB
Member
Wed, 06 Dec 2017 08:06:34 AM  (Last updated: Wed, 06 Dec 2017 06:06:25 PM)

Hi all,

I'm sorry to ask this question again because I believed someone out there has asked before. So the case is like this,

I tendered my resignation letter on 4th December 2017, company policy is need to have 4 WEEKS notice period, thus, last day will be 1st Jan 2018. But I have 13 days of balance AL to be off-set. So, after calculated by my HR and I, my last working day should be on 11th December 2017, am I right?

My company has the right to declined my 13 days AL to off-set? 

My company has the right to extend further than 11th December without my agreement?

My company has the right to hold or contra my salary if I don't work after 11th December?

Appreciate for your advise!

mdkamil
Contributor
Wed, 06 Dec 2017 06:06:24 PM

When an employee is resigning and he/she has some Annual Leave that can be utilised, the procedure to take the entitled AL is still the same (i.e. the employee submit application and obtain approval from the employer).

The employee has rights to apply his/her entitlement of AL, but the employer reserves its right to approve or not.

By having a total number of AL that can be utilised does not mean that you can automatically take those AL.

Just to share an award by the Industrial Court with regards to AL application -

Metromix Sdn Bhd vs Ismail Sulaiman (Award No 91/1996). Court held that "Leave cannot be claimed as of right, and the employer reserves the discretion to refuse or revoke leave.... Unless the permission or leave is granted, the workman seeking leave cannot absent himself from work until and unless the leave is approved by the proper approving authority..."

Thus, to answer your questions -

So, after calculated by my HR and I, my last working day should be on 11th December 2017, am I right? Yes, if they approve your 13 days AL

My company has the right to declined my 13 days AL to off-set? Yes, as they have the rights to approve or not.

My company has the right to extend further than 11th December without my agreement? Yes, because if they do not approve your AL you are required to serve the notice period in full term.

My company has the right to hold or contra my salary if I don't work after 11th December? They may assumed that you did not serve your notice as required, and claim back from you payment in-lieu of the short notice. Thus, they may not release your final salary until you settled the payment in-lieu for short notice.