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Resignation - Using Annual Leave to Offset Notice Period

Tassadar  
Guest
Mon, 30 Apr 2007 02:25:12 PM  (Last updated: Mon, 30 Apr 2007 05:19:25 PM)

I have a query here. Officially, my notice period is 3 months. I intend to use all my annual leave to offset the last 1 month so that I can leave for my new employment in 2 months. So, on the 3rd month, I will be working simultaneously for 2 companies. My questions are:

(1) Is this legal, working for 2 employees for the final 1 month.

(2) Can the company deny me my annual leave for the last 1 month.

(3) Will my present company pay my salary for the 3rd month since officially, I am still an employee.

KL Siew
Administrator
Mon, 30 Apr 2007 02:58:28 PM

1) I don't see how you can be working for 2 employers at the same time. To me you have already 'bought' yourself out in the last month with your annual leave. Yyou are not longer an employee in the 3rd month.

2) If you don't use AL to off set the last month. If you do, you will not be entitled to AL when you are already physcally out from the company

3) If only you don't use your annual leave to off set, the employer will pay you your last month salary

Tassadar
Guest
Mon, 30 Apr 2007 03:33:28 PM

KL Siew,

I don't quite understand your reply. Let me make it clearer. I tendered my resignation on 01/04/07, and stated that my last day will be 30/06/07, which is exactly 3 months. I will work from 01/04/07 to 31/05/07. Starting from 01/06/07 to 30/06/07, I will take AL (my AL is sufficient to cover the whole month). I will then start work with my new employer from 01/06/07.

So my questions are:

(1) Will my current employer pay me from 01/06/07 to 30/06/07? Logically, they should because officially I am on PAID leave.

(2) Can my current employer deny me my AL from 01/06/07 to 30/06/07, meaning they purposely don't want to approve my AL.

(3) From 01/06/07 to 30/06/07, I will be drawing salary from my current and future employer, is this LEGAL?

Kl Siew,.
Guest
Mon, 30 Apr 2007 04:29:45 PM

You are in fact not on annual leave, you are merely using your balance of annual leave to off set the 3rd month's notice period. Suppose you don't have any balance of annual leave, you will have to pay a month salary in lieu of the 3rd month's notice if you chose to leave on 1/6/2007. Your contract of service in effect ends on1/6/2007 and your new contract of service new employer starts. So the question of working for 2 employers does not arise.

If the answer is still not clear to you, why no seek a second opinion somewhere such as the Labour Department or the Industrial Relations Department?

Tassadar
Guest
Mon, 30 Apr 2007 04:39:31 PM

KL Siew,

From your answer, it seems that I will not be paid by my current employer.

Do you have the contact number for Labour Department or the Industrial Relations Department? Thanks.

KL Siew
Administrator
Mon, 30 Apr 2007 05:19:25 PM

Correct, you will not get salary for June 2007. Only if you choose to work throught the 3rd month notice period from 1/6/07 to 30/6/07, you will get your salary and your employer will also have to pay you for the balance of annual leave not taken.

You can find the telephone numbers in the Home Page of this website under item "Telephone Contact Numbers"

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