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Forfeiture of annual leave

Tue, 18 Sep 2007 11:49:22 AM  (Last updated: Wed, 19 Sep 2007 05:34:12 PM)

My company has a policy that every half yearly, we need to clear 50 % of annual leave. In my case, I am entitle to 24 days leave. As at June 30, I still had 16 and half days leave. Which means I have not cleared 4 and half days leave due to work commitment. I have verbal approval from the Head of Department.

A at 27 August 2007, I have tendered my resignation and my company forfeited the 4 and half day of my annual leave, pushing my last day of work by 4 and half day. My query is whether they can do so:

1. Without giving me notice of foreiture

2 It is consistent with Employement ACT or any other labour laws

What is your advise.

1. Should I post my objection in writing

2. Do I have avenue to protest

KL Siew
Tue, 18 Sep 2007 02:12:53 PM

Lodge a complaint at the nearby Labour Department.

Wed, 19 Sep 2007 04:09:46 PM

Would't it sour the relationship with my current employer? Is there a way that they will get on my back for lodging complaint with Labour Department as I still need to work with them for next 2 months.

Would such complaints have any impact to new employment

KL Siew
Wed, 19 Sep 2007 05:34:12 PM

Then tell your employer that you are entitled take all your balance of leave before you go as stated in Section 60E(2A) of the Employment Act. I quote below for your info. Read that Section in full yourself.

".....(2A) Notwithstanding subsection (2), upon the termination of an employee's contract of service, the employee shall be entitled to take before such termination takes place the paid annual leave due to be taken in the year in which the termination takes place in respect of the twelve months o

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