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 unfair treatment? abuse staff? advice needed!

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TSP3treda
post Sep 21 2006, 12:46 AM, updated 20y ago

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I'd been working in this company for 19months and i'm a confirm staff. I don't know whether the company's annual leave policy is fair or not cause actually this is also my first job after grad. The company gives 10 days annual leaves to the confirmed staff. And they divide the 10 days with 12 months in one year....which means 10/12 = 0.83 permonth.. so the story goes like this, i took 4 days leave in march but HR dept said I can only take 2 days [0.83 x 3(3 coz Jan, Feb, & March) = 2.4]...so if i wanna take 4 days, i'll get 2 days unpaid and 2 days annual leave..
i was like wtf... if i'm to clear my 10days annual leave, i'd to work till dec.. wtf.. fyi, the leave x bring forward to next year.

second case, i'd my last straw with the company n i threw my resign letter on 8th Sept. As usual, i'd to give one month notice b4 i leave, so the HR said my last day would be on 6th Oct ( after deducting my annual leave ~_~" ) So I requested the HR to let my last day on 30 Sept... let's make the job easier for account dept to pay my one month salary la and no need to add additional 6 days salary...
Well, the HR told me today that I CANNOT leave on 30th Sept and must work till 6th Oct to get my sept full salary, else if i cabut on 30th Sept, they'll deduct 6 days salary in my sept payment cry.gif
i really felt hurt..i felt this is unfair treatment....
has anyone out there encounter this b4? is it legal for the company to do like this..
well, for the annual leave, i think the company has the right to do like that ( correct me if i'm wrong) but how bout cutting the salary?
mp3
post Sep 21 2006, 01:06 AM

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For the leave, yes, companies do have monthly leave accrual system, whereby you get leave generated monthly with limited leave carried forward.

For your resignation, it is depended on your contract you signed.
But for standard contract usually when you resign with one month notice and you leave the company less than one month, you have to pay compensation to the company.
Therefore, the company does have right to deduct six days from your salary for leaving earlier.
They also have to pay for the six days you work in October if you decided not to leave early.

Someone familiar with the labour law and contracts will explain it better and correct me if I am wrong tongue.gif
TSP3treda
post Sep 21 2006, 01:10 AM

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QUOTE(mp3 @ Sep 21 2006, 02:06 AM)

Therefore, the company does have right to deduct six days from your salary for leaving earlier.
They also have to pay for the six days you work in October if you decided not to leave early.

*
i was informed that the company won't pay me the 6 days. haiz...i know the boss quite well, never expected him to treat me like this
highland3r
post Sep 21 2006, 02:59 AM

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well..u are lucky u still got your full payment .there..

some boss who divide the month salary with 30 day in a month; then u calculate how many day u work then u go the amount;

then u know your calculateion is good already.

just takeit; leave it...

use the remaining leave on the last few job day; then u can leave earlier.


tkhoo
post Sep 21 2006, 08:29 AM

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The HR is right. Next time if you plan to leave at the end of the month, you need to summit your latter one day ealier on the date that for your last day......
Ray_1882
post Sep 21 2006, 12:01 PM

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according to malaysia law, i think u should get the remaining leave.. but the 10 days annual leave is really depend on ur employment company..cause malaysia set the law said annual leave must be from 10 days to 18 days! so ur current company just give u the minimum annual leave!
@lice~~
post Sep 21 2006, 12:14 PM

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Ya.. the company hv the right to count ur annual leave in monthly basic.. tis method is more safety for the company.. let think abt it, if one day u suddenly disapper but ur annual leave hv been finish taken then the company will rugi a lot... my company oso practising tis method so do other company oso..

for ur 2nd case, emm... i not really understand.. u said u tender ur resign letter on 9 Sept tat mean ur actual last day should b on 9 Oct lo.. then now u hv how many annual leave left?? 3 days?? if yes, then ya.. u last day is on 6 Oct lo.. n u MUST work until tat day if not u need to pay back the money for tat 6 days.. it can b called as notice in lieu..

hope tis help.. wink.gif


vex
post Sep 21 2006, 01:13 PM

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I think mostly all the company will practicing this way, else i join on 1st Jan, terus take all the 10 days leave and resign at FEB, that mean i only work around 20 days to get 1 month pay, the company rugi alot if everybody do like this.
kito
post Sep 21 2006, 01:36 PM

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wherever u work .. dun really need to argue with anyone .. just leave if u r not happy.

whatever they say .. like it or not .. everyone is just working for someone and it's normal no matter what they do it's just to protect their own pat pat ..

if they want to deduct anything .. you can pretend and say "oh really .. is this true .. why so ... can show me?"

let them do what they want (provided its not too over) ..

never trust people easily .. it's too easy to make a promise .. but hard to keep ..

in future if someone promises u something .. ask them ... show me how u will keep that promise ...

let them eat their own words!!
wasabi
post Sep 23 2006, 08:05 AM

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QUOTE(vex @ Sep 21 2006, 01:13 PM)
I think mostly all the company will practicing this way, else i join on 1st Jan, terus take all the 10 days leave and resign at FEB, that mean i only work around 20 days to get  1 month pay, the company rugi alot if everybody do like this.
*
pro. they have the right not to approve ur leave... what say u?

2nd, u r not entitled to take leave when u first join... after confirmation baru boleh.


wasabi
post Sep 23 2006, 08:09 AM

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QUOTE(@lice~~ @ Sep 21 2006, 12:14 PM)
Ya.. the company hv the right to count ur annual leave in monthly basic.. tis method is more safety for the company.. let think abt it, if one day u suddenly disapper but ur annual leave hv been finish taken then the company will rugi a lot... my company oso practising tis method so do other company oso..

hope tis help..  wink.gif
*
the world is small... if u apply new co. they might "investigate" ur previous co. if they want ... then ur name busuk.. apa macm?

//unless u' on "sub"-contract tongue.gif
TSP3treda
post Sep 25 2006, 01:15 AM

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After asking around, my company do have the rights to do such things on me...
sigh* considered that i'm still a noob, so i get cought in the policies. I could have avoided those circumstances if i'm smart enuf wink.gif
paint9
post Sep 25 2006, 09:31 AM

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to P3treba: are you working with an IT outsourcing company to an MNC company which located at Damansara Height ?
wasabi
post Sep 25 2006, 09:54 AM

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if u feel unhappy and they violating ur rights, can always make a complaint to labour dept... tongue.gif
refnulf
post Sep 25 2006, 10:04 AM

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Normally the company is quite understanding, even if you need to take the leave now they'll give it to you as long as you work it out eventually.

Looks like you have a petty company.
Kantao
post Sep 25 2006, 11:23 AM

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For me everything can negotiate 1.

Jz tell the administrator or your superior what date u 1 to cabut (for me atleast 2 week time 4 them). If they dont allowed jz tell them no point to hold u until the date (1 month), if u no mood come to work.

My last job has request me given 2 month notice, after i get the new job i jz ask 4 resign at 3 week. This is bocs whether u discuss & negotiate with them or not. at 1st the administrator also say i have to pay the short notice, but i give a reason like : have no mood to work, didnt pass my job to other ppl who handover my job, more concentrade on new job, may take a emengency leave (either u approve or not approve).

Finally they approved my request (1 day kau tim) & given me a letter to accept my resignation. Jz tell them u will handover all your job to other ppl, will work efficiency even 1 to left. U happy I happy, I not happy u also have to suffer. tongue.gif

Mavik
post Sep 25 2006, 02:04 PM

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QUOTE(P3treda @ Sep 21 2006, 12:46 AM)
I'd been working in this company for 19months and i'm a confirm staff. I don't know whether the company's annual leave policy is fair or not cause actually this is also my first job after grad. The company gives 10 days annual leaves to the confirmed staff. And they divide the 10 days with 12 months in one year....which means 10/12 = 0.83 permonth.. so the story goes like this, i took 4 days leave in march but HR dept said I can only take 2 days [0.83 x 3(3 coz Jan, Feb, & March) = 2.4]...so if i wanna take 4 days, i'll get 2 days unpaid and 2 days annual leave..
i was like wtf... if i'm to clear my 10days annual leave, i'd to work till dec.. wtf.. fyi, the leave x bring forward to next year.

second case, i'd my last straw with the company n i threw my resign letter on 8th Sept. As usual, i'd to give one month notice b4 i leave, so the HR said my last day would be on 6th Oct ( after deducting my annual leave ~_~" ) So I requested the HR to let my last day on 30 Sept... let's make the job easier for account dept to pay my one month salary la and no need to add additional 6 days salary...
Well, the HR told me today that I CANNOT leave on 30th Sept and must work till 6th Oct to get my sept full salary, else if i cabut on 30th Sept, they'll deduct 6 days salary in my sept payment cry.gif
i really felt hurt..i felt this is unfair treatment....
has anyone out there encounter this b4? is it legal for the company to do like this..
well, for the annual leave, i think the company has the right to do like that ( correct me if i'm wrong) but how bout cutting the salary?
*
Dude, stop crying over nonsensical things. This practice is common in most companies in regards to HR policies in annual leave and resignation. Having 10 days a year may be the bare minimum but you can also carry it forward which other companies don't even allow.

Another thing is if you plan to leave earlier than the date set by HR, you would definitely have a pay deduction as it clearly states in your employment contract that it is 1 months notice. If you want to leave earlier then you would have to cover the cost and some other companies would make you pay on top of that.

Try to do a little more research first before crying over small matters IMHO.

Other than that, its never wrong to complain about being abused. Just as long it makes sense.


 

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