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Expat Annual Leave

cro
Member
Wed, 10 Oct 2018 10:26:25 AM  (Last updated: Fri, 19 Oct 2018 09:35:19 AM)

Hi,

The scenario: Expat joined June 2018 and worked a full month. Thereafter, from July onwards, every month expat is taking leave. Up to September 2018 has taken 13.5 days. In the month of June expat worked a full month, we deducted 1day as entitlement. The balance 12.5days we have deducted as unpaid leave.

The law states: 60E. (1) An employee shall be entitled to paid annual leave of— (a) eight days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of less than two years; 

The phrase 'continuous service' does it mean that the expat need to fulfill the full working month to be entitled to a paid annual leave for the month? Is our deduction as updaid leave correct?

Terms in the contract: Expat has no probation period. Contract is for 3 years. Entitled to 14 days annual per year. Employee entitlement shall accrue on a pro-rated basis during each month of their employment from the 1st day of their employment.

Thank you

 

   

KL Siew
Administrator
Thu, 11 Oct 2018 03:40:35 PM

Give a call to the Labour Department and discuss the issue with the officer there.

CRO
Member
Fri, 19 Oct 2018 08:16:37 AM

Cro Member,

As you asked about..

The phrase 'continuous service' does it mean that the expat need to fulfill the full working month to be entitled to a paid annual leave for the month? Is our deduction as updaid leave correct? 

You interpretation is incorrect. As Per Labour department, Expat can avail one annual leave every month irrespective to full working month. You told he is entitled 14 leave every year. so july to sep, he can avail 3 more annual leave. your deduction 12.5 unpaid leave instead 9.5 is not fair enough.

lets take a example..if expat availed two leave in month of June than one should be Annual leave(June) & another unpaid leave. 

Hope Clear..

KL Siew
Administrator
Fri, 19 Oct 2018 09:35:19 AM

From the Terms in the contract quoted by you as reproduced below, it is quite clear to me the expat is entitled to prorated paid annual leave based on monthly basis, like worked one month he would get 1 day paid leave and so on.

"Terms in the contract: Expat has no probation period. Contract is for 3 years. Entitled to 14 days annual per year. Employee entitlement shall accrue on a pro-rated basis during each month of their employment from the 1st day of their employment"

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