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Prorated Annual Leave

MissTasya
Member
Thu, 29 Nov 2018 10:25:39 AM  (Last updated: Thu, 29 Nov 2018 11:02:05 AM)

Hello, i need some consultation regarding few matters that compliance with Employment Act as my company is just starting to build up HR Dept. 

1) The annual leave entitlement is based on current year, or based on start working date ? For example : Ali start work on 1st September 2018, after 3 months he is confirmed. Does he entitled 8 days annual leave only until 31 dec 2018 or untul 1st september 2019 ? And is there any act that can support the issue or mainly depends on company policy ? 

2) The prorated annual leave is compulsory practice to every company based on EA or this is just depends on company policy ? Is company that have 10-20 staff is suitable to implement prorated annual leave ?

3)What action can be legally taken if the employer doesnt provide any clear job description to any staff and did not give any Confirmation Letter to any staff ?

4) If Ali need to take 2 weeks leave which is equal to 10 days, so he decided to use all his 8 annual leave, and 2 unpaid leave, is it legally right or again depends on employer to approve or not ?


Thank you very much .

ai248
Member
Thu, 29 Nov 2018 11:02:05 AM

According to EA, entitlement of annual leave will only be granted after 12 months complete service. It is up to the company to grant the leave within the 1st year of service or pro rated the leave accordingly. 

It is better for the management to provide JD to workers so that no prob will arrise in future.

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