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Resignation - Employee not willing to offset notice period with Annual Leaves

RicT
Member
Wed, 08 Aug 2018 09:47:15 PM  (Last updated: Sat, 11 Aug 2018 05:01:33 PM)

I think I have a unique case, which i've browse few pages but can't seems to find an answer.

I tendered on 2nd August and my last day should be on 30th August due to public holiday, etc etc. Now, the challenging is this, in my resignation letter, i've stated to fulfill my 1 month notice period & stated effective last day on 30th August.

My Q; can the employer force me to leave by offsetting my leaves?

I plan to serve 1 month and get additional pay for my leaves entitlement due to unforeseen circumstances, I need that pay to offset some of my claim which the company not willing to pay.

I understand that if company where to issue letter for my early release, i am entitled for full month pay & my extra leaves. Do correct me if i am wrong on this.

RicT
Member
Wed, 08 Aug 2018 10:32:26 PM
Originally posted by RicT on Sat, 11 Aug 2018 05:01:33 PM

I think I have a unique case, which i've browse few pages but can't seems to find an answer.

I tendered on 2nd August and my last day should be on 30th August due to public holiday, etc etc. Now, the challenging is this, in my resignation letter, i've stated to fulfill my 1 month notice period & stated effective last day on 30th August.

My Q; can the employer force me to leave by offsetting my leaves?

I plan to serve 1 month and get additional pay for my leaves entitlement due to unforeseen circumstances, I need that pay to offset some of my claim which the company not willing to pay.

I understand that if company where to issue letter for my early release, i am entitled for full month pay & my extra leaves. Do correct me if i am wrong on this.

correction:

I understand that if company where to issue letter for my early release, i am ONLY entitled for full month pay without my extra leaves. Do correct me if i am wrong on this.

KL Siew
Administrator
Thu, 09 Aug 2018 04:45:10 PM

If they want you to leave early,it is OI but they must pay you up to the last day of your one month notice.

RicT
Member
Fri, 10 Aug 2018 10:31:10 AM
Originally posted by KL Siew on Thu, 09 Aug 2018 04:45:10 PM

If they want you to leave early,it is OI but they must pay you up to the last day of your one month notice.

Thank you. Finally i got a reasonable answer from my HR.

numnum
Member
Sat, 11 Aug 2018 02:28:30 AM

I got the similar case, can the employee refuse for early release? 

I plan to serve 2 month notice and get additional pay for the leaves entitlement, but now company request for early release, can employee refuse for the early release?

KL Siew
Administrator
Sat, 11 Aug 2018 05:01:33 PM

If the company wants you to leave early and is willing to pay for the remaining notice period and aslso the leave balance, then you cannot refuse and you have to leave. .

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