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resignation

liz
Member
Wed, 10 Oct 2018 09:10:53 AM  (Last updated: Fri, 12 Oct 2018 05:12:51 PM)

Hi Good morning MY Labour Law,

I resigned on 8th Oct and my last day is 7th Nov.

However the management mentioned; as I am of a managerial position,  I dont need to come in to the office for full 1 month.

The company will still pay the 1 full month notice.

I worked less than 12 months. I have also not fully utilized my annual leave.

I still have balance 10 days AL.

My question is: Will company include the annual leave as part of the notice period and pay till 7th Nov only?

Thank You

Liz 

Triple A
Member
Wed, 10 Oct 2018 02:55:51 PM

The AL balance of 10 days is used to offset the notice period. Your official last date of employment (not last date of working) shall be 7th November. Your employer just allowed you to leave early.

In simple words, the employer approved your 10 days of AL, so that your last day of working can be earlier than 7th November. You will still get 1 month full salary as your last date of employment is still 7th November.

liz
Member
Wed, 10 Oct 2018 03:03:09 PM

Hi Triple A,

THank you for your reply.

Can the employer force me to use my annual leave as part of notice period ?

Shouldnt it be : 1 full month month pay till 7th Nov?

And additional 10 days of annual leave, which is paid till 21st Nov ?

I dont need to apply any Annual leave or even leave earlier.

THanks

Liz  

Triple A
Member
Wed, 10 Oct 2018 03:11:30 PM
Originally posted by liz on Wed, 10 Oct 2018 03:03:09 PM

Hi Triple A,

THank you for your reply.

Can the employer force me to use my annual leave as part of notice period ?

Shouldnt it be : 1 full month month pay till 7th Nov?

And additional 10 days of annual leave, which is paid till 21st Nov ?

I dont need to apply any Annual leave or even leave earlier.

THanks

Liz  

The employer cannot dictate you to utilise the AL. It is unlawful. But the employer has the right not to approve your AL application.

yes, you are still entitled for the 1 month salary as you serve the notice. And you shall receive payment in lieu for the 10 remaining AL that you have not utilised.

liz
Member
Wed, 10 Oct 2018 03:15:54 PM

Thank you A.

So its confirm the employer cannot treat my notice period as part of AL too.

Even if the employer doesnt need me to serve the full 1 month notice.

employer is required to pay 1 month notice & my balance AL.

Can I call any govt body to reconfirm this as I may not be able to qoute this link to employer.

Thanks 

Alex ng
Member
Fri, 12 Oct 2018 12:38:44 PM

Hi Good Afternoon MY Labour Law,

I was resigned on 8th Oct 2018. Based on the confirmation letter, my position is 3 months notice, effective on 07 Jan 2018.

Due to the company issue, will stop operation on 31 Oct 2018.

May i know for my situation, shall company have a right to reject to pay the balance 2 months's salary to me?

At the monent, still looking for the new job and no response yet.

Thank you.

Triple A
Member
Fri, 12 Oct 2018 05:10:43 PM
Originally posted by liz on Wed, 10 Oct 2018 03:15:54 PM

Thank you A.

So its confirm the employer cannot treat my notice period as part of AL too.

Even if the employer doesnt need me to serve the full 1 month notice.

employer is required to pay 1 month notice & my balance AL.

Can I call any govt body to reconfirm this as I may not be able to qoute this link to employer.

Thanks 

You can refer to Jabatan Tenaga Kerja or Jabatan Perhubungan Perusahaan.

Triple A
Member
Fri, 12 Oct 2018 05:12:51 PM
Originally posted by Alex ng on Fri, 12 Oct 2018 12:38:44 PM

Hi Good Afternoon MY Labour Law,

I was resigned on 8th Oct 2018. Based on the confirmation letter, my position is 3 months notice, effective on 07 Jan 2018.

Due to the company issue, will stop operation on 31 Oct 2018.

May i know for my situation, shall company have a right to reject to pay the balance 2 months's salary to me?

At the monent, still looking for the new job and no response yet.

Thank you.

The company has to make payment in lieu of 2 months salary to you as the company stops operate at 31 oct 2018, eventhough you dont have to work/serve your remaining notice.

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