Hi All, currently I want to resign and i have left about 10+ Annual leave.
Here is the problem which is I'll nit to give 1 month notice to my current company for resignation, if not they will nit to penalty me for 1 month salary, it is stated in the contract.

So, i request to place my 10+ Annual leave to offset the 1 month notice period but HR said the company policy is Annual Leave cannot be used to offset the resignation notice, but this kind of policy did not indicated in my contract.

Now even i wan to apply leave, but supervisor rejected my request and she said that during resignation period i cant apply leave.

So i nit to get some advise and comment from u guys, since this company policy did not indicated in my contract, so can i juz leave after 3 weeks? will they send any lawyer letter to me n penalty me for 1 month salary?

( I had give the resignation letter on 18 Dec and I am going to leave on 3 Jan 09, I already stated this request in my resignation letter )

Thanks

This post has been edited by Riki1: Dec 25 2008, 12:00 AM

usually, you can use up your annual leave to compensate for shorter notices

but what the heck, kalo gaji tak sampai puluh ribu sebulan, i dun think any company would wanna go thru all the hassle to engage a lawyer

go for it!

is either they pay u the annual leaves....or u can use it during ur resignation....

Hi. Thks for reply.

My Supervisor said company will pay me in cash for my remaining Annual Leaves.
But cannot be used for resignation..

I advise you take all then resign. cause sometime they say they will pay you but after resign they delayed or forget about it... depend ur company reputation

they cant penalize u i think.Ur 10 days annual leave,ur still the company worker wad.
BTW econ so bad,y u wanna quit wor?

it is due to i already have the better offer from other company..
and my currently company, haih... fine, i will not say my current company bad thg over here..

Dont worry, they won't to hire a lawyer and sue u, no point.....

Dunno about labour law, but my company (big MNC) is similar, it's the manager's decision whether to let you offset your resignation date using leave, or whether to pay $$ compensation.

mostly HR will say this to you that you cannot use AL to offset the one month notice however if your manager says its fine then u should have no issue. Always talk to the manager first !

This post has been edited by DarReNz: Dec 25 2008, 10:39 AM

The HR and my Manager disallow me to use AL to offset the one month notice .. Manager said she is referring to the company policy also..

If it is possible, stay for another month and get the $$ compensation.

But this should be in written agreement like email. Do not worry, labour law is here to protect you, not to protect the company.

This world is small, they might become your colleagues again fews years later.

If really cannot take it anymore, then diff story.

normally u can use the AL during ur notice period. it is the common practise for all employee -.-

ur manager lousy la never help you one if that the case have to follow by the book .... btw any impact on you leaving exactly a month from the company ?

This post has been edited by DarReNz: Dec 25 2008, 01:41 PM

due the new company nit ppl very rush, they nit employee at beginning of Jan 09, if i leave my current company on end of Jan 09, then cant join the new company anymore..

you need to discuss with the new company on your issues that you can't start earlier due to the AL reasons.

If you can't leave and you really want that NEW job. 2 options
a) Leave OLD firm, get penalised 1 month.. and work for NEW job. Since in your post you said that the NEW firm is better than the old one.

b) Leave OLD firm, get penalised 1 month.. work for NEW job, BUT suggest to the NEW employer whether they can reimburse you for you leaving the OLD firm. (This scenario happened to some of my ex-colleagues, whereby the new firm just paid the penalty and take them in straight away 'cos they were in demand and needed staffs straight away)

TS!

You either only can negotiate with your new employer that you can't leave on time due to others jobs that need to handover which you cant deduct from your annual leave. The way i look at it so call your new employer claim the urgency required for staff is not a big issue...Its only a difference of 14 days. Tell me what will you contribute of will be doing in this 14 days in the new company!!!....Beside be more initiative, you could request some material for reference or study whatever...

yes, a lot of companies are practicing this kind of system right now. Especially those with high turnover of employees. There is nothing wrong on their part and you are bound to this contract whether you like it or not.

The only way is to ask your manager to let you go early. That is possible because decision is on your dept manager. Whether he/she want to do it or not is another matter.

My previous company also have similar system. One of my collegue wanted to resign but need to wait 3 FULL months as cannot offset with leaves. In the end, he negotiated with manager. Manager talk to management and they said the decision is up to the manager. If the manager think the dept won't be affected by letting go early then fine. The manager also said, no point insisting the staff to stay when they already want to leave.

In the end, the manager hired a temporary staff to take over the jobs.

Talk to the manager nicely. Tell her you already got another job offer. Ask them to let you go early with necessary deductions. Promise that you will finish up all your pending jobs and handover nicely. Which is another word...won't do it if not let go early....