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Annual leave Encashment

Rahul  
Guest
Mon, 04 May 2009 11:49:17 AM  (Last updated: Fri, 29 May 2009 03:52:33 PM)

Supose in contract its neither mention that annual leaves are encashable nor its mention they are not encashable.In such siutation are annual encashable or not.??what is mentioned in employment act for this kind of situation.

Some add on:

Clinet pays upfront every month to employer for annual leaves.But employer doesn't pay to employee.Is this correct.?Will annual leave be encashable in such cases?

KL Siew
Administrator
Mon, 04 May 2009 01:23:25 PM

If an employee is covered by the Employment Act (meaning salary not more than 1.5K), the provisions of the Act pertaining to annual leave will have to be followed irrespective whether annual leave entitlement is mentioned in the contract or not. If the employee is not covered by the EA, then everything will have to be stated in the contract like the number of days of leave, how to be taken or to be paid by cash and so on. Clients paying upfront for annual leave is something new to me. Anyway, clarify with your employer or you can consult the Labour Department.

Rahul
Guest
Mon, 04 May 2009 03:57:40 PM

Yes clients pays to employer whether we have taken annual leave or not on monthly basis.I have this thing in written from the client.Can i ask employer to pay me.

Encashment of leave is not mentioned in our contract nor its mentioned leaves are not encashable.

KL Siew
Administrator
Mon, 04 May 2009 04:32:27 PM

I don't know about that, that is something between clients and your employer. In your case, since nothing is mentioned about annual leave in your contract, what you can do is to ask your employer about your annual leave entitlement. You have to negotiate everything yourself like annual leave, sick leave and other benefits and put them in the contract.

eddy
Guest
Fri, 29 May 2009 03:52:33 PM

if under probation, do i entitle for the unpaid leave encashment?

and on what basis

thnaks

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