I need advice too:

I've worked for a year in a small communications agency. According to my contract;

"An employee is entitled to 14 days annual leave to be activated upon completion of a full year of service"

And so, for one whole year, I worked without annual leave (taking unpaid instead during the festive season).

I recently decided to resign and tendered a 3 month notice (as per my contract).

Here is where the problem starts.

I've been hoping to use my 14 days of annual leave in place of my last two weeks of service. Just to end my suffering earlier.

But now, my admin is telling me that my leave has been pro-rated for the second year, ie, I have to work another full year to get 14 days.

So instead of getting 14 days, I have 2 days of annual leave now (I've served my notice for 1.5 months already).

To sum it up,

I HAVE TO WORK FOR TWO YEARS TO ACTUALLY GET 14 DAYS OF ANNUAL LEAVE !!

It made no sense to me. And I've been told that my boss is even planning to chuck me out earlier (from past experience, he did it without paying any money to compensate such sacking).

My friends are telling me to bring this to the lawyers for better evaluation.

I'm hoping somebody here can advise me as well before I consult the pros.

Hello,

Thanks for your kind attention.

I started on 8/8/2011, confirmed 3 months later and resigned exactly after a year (8/8/2012).

My effective date of resignation is on 8/8/2012 and by serving my 3-month notice, my last day will be on 8/11/2012.

My employer said he followed the international labor law and challenged me to bring it up to the labor court. Can I?

No part of the contract mentioned pro-rating or collecting AL after year of service. At one point he admitted that it might arouse confusion and the contract need to be re-written for future employees.

p/s: My "pro-rated" annual leave which I have 3 days left have now been withdrawn in place of my 3 days Raya leave which I took in late August this year. So now I have ZERO AL.