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Annual leave to set off resignation notice period

evonchong
Member
Wed, 16 May 2018 02:48:57 PM  (Last updated: Wed, 16 May 2018 05:01:49 PM)

Hi.

If my company employee is on resignation notice period, but he/she use all of its annual leave to deduct the notice period. While the employee on the annual leave time, he/she went to start work at new company. Is this lawfully?

Eg: Employee tender resign on 16/05/2018, notice period for 2 month, so the last day should be 16/07/2018. But he use his annual leave to deduct the notice period become 1 month and start work in new company at 18/06/2018. So the current company is just paid his 1 month salary which he works only, right? 

KL Siew
Administrator
Wed, 16 May 2018 05:01:49 PM

If it is true that he has so many days of leave not taken, the employee has the right to clear his leave during the notice period. As such, in my opinion, the company should pay two months salary and not just one month. If you have a different opinion, you can contact the Labour Department and get an official ruling.