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....

Agreed o this part

Dont take it, its worth peanuts unless of course ur earning more than 6K above probably per day would make a lot more sense when pro rated etc...

Depends how Far your willing to go, you can do the following

1.Ask the HR manager to produce the company policy... (definately say u cannot see one, i know this for sure)
2.Ask HR Manager to put in writing (at this stage he/she scared like hell, will not produce it to u, instead give u 101 million reasons)
3. Now ur turn, write a Memo/leter to HR dept, saying stating that becoz ur HR Manager unable to produce company policy and put his/her answer in writing. u r entitled to take annual leave.
4. At this stage two things will happen
A) they surrender and let u take annual leave
B) they are adament and will fight until die together (suddenly they produce Co Policy)

Don't worry not yet die yet...
5. Ask them to look at ur contract, nothing in contract agreed between employer and u. So if not in contract means no apply to u!
6. 2 things can happen
A) surrender
B) No surrender still want to fight

7. Did they produce u a Company Manual or Code of Conduct? I suggest u better start reading it, if u want to challenge them. Normally the books will not mention anything about this can't offset annual leave prior to resignation... so hantam them again.

8.
A) surrender
B) no surrender

8. Jialat inside contract got say... "Bound by company policy whatever changes/amendment variation bla bla bla"
The best is of course they never say anything abt company policy, handbook, guideline, code of conduct and all the rubbish...
Than u tell them if contract got, u never give me notice also, how i know?
NO notice give = no changes to the contract = what is written in the contract and agreed between u and ur employe shall prevail.

9. SURE WIN!

What ever you do, do not leave your OLD company on bad terms as it might haunt you in the future. Besides, if you are seeking a testimonial from them when you leave.. more reasons why you should try to find an amicable and diplomatic solution to this.

The world is small, bad judgment on handling this might have repercussions in the future.

Hmm the easiest is to consult the HR of your new company or the recruiter who helps you to find job. They will know the right way to get out of this mess. Normally the company has the right to allow you to offset or to compensate you. But as someone has already mentioned, some companies have bad reputation of not paying those who have already resigned, or they might delay it.

True, you can go for lawsuits if they delay or don't pay you but it'll be very messy.

So, consult your new HR and try to clear those leaves either by offset or while you are still there. If the team is rushing a project, then maybe they really need your help and thus willing to compensate you. Or try negotiate a win-win situation, you offset 5 days and the company pay 5 days.

lets say if after offsetting the AL, still not enough to cover the one month notice and got one week of period which have to take UL(Unpaid Leave), is the ONE WEEK including weekend?

Using your unused AND earned annual leave to offset resignation notice is at the discretion of your employer/manager. Actually there's no need for a specific company policy because annual leave itself is already subject to manager's approval ie. you cannot take annual leave whenever you want.

Of course, as someone mentioned, if the company does not allow you to use your annual leave as an offset, they have to pay you compensation for it... and it's salary PLUS epf.

You can also demand for your final paycheck to be handed to you or banked into your account on the last day of service. That's because you are no longer an employee after 5pm on your last day, and any payroll policies that used to apply to you in the past no longer does. Your relationship with your company becomes creditor (you) and debtor (your company). And as a creditor, you can demand immediate payment of any amounts due to you (ie. your last paycheck and any expense or out-of-pocket claims yet unpaid).

In my last resignation, I hung on to my company laptop and the company information within it for 2 days while the company rushed to prepare my last paycheck (issue due to centralised accounts payable). So my exit interview and return of company property occurred only 2 days after my official last day.

This post has been edited by seantang: Jun 24 2009, 11:20 PM

BEFORE YOU RESIGN, do not plan something stupid that makes people angry in your company. Gather as much information and read all your company policies if possible before the exit.

To have good relationship with your next employer and keep communication with them during your notice period and do not overpromise to leave early, in case you want that job badly please consider you have saving enough to pay your current company to offset the notice period.

Other than that, everything can be negotiated, do not be afraid and talk politely to all parties. Be honest if possible, of course sometime is not possible.

If you current employer/manager bully you, be calm and contact HR to assist you.

Bring me to your company. I will settle for you.

Regards, Joey

i suggest u mc
normally annual leave can used to offset 1, is it they fool u?

Obviously.

Regards, Joey

How are you going to settle?

Firstly, annual leave is subjected to employer's approval. The company has done nothing wrong and I believe they have not breached any law. The reason is simple, the company probably need proper handover/knowledge transfer, or the company needs resource because of the project status, or the company simply has service levels to meet. So, they cannot release the experienced resource to leave until the legal or contractual deadline. I don't see anything wrong.

Put it this way, the world is small (as many in this forum have said so), an employer will want to keep good relationship with ex-employees. One day, the ex-employees could become a customer. So, as long as the employer has promised to pay the leave in cash, there is nothing wrong here.

Think of consequences. I give you one example, if the employee thinks of migrate in future, be aware of the requirements to submit the employer's name and working history in the application form. The embassy will contact ex-employer to verify. I knew there were cases when application for migration and professional passes failed because of the feedback from the ex-employers.

This post has been edited by mentality88: Jan 11 2010, 08:30 AM

I am looking at the Human Resource Management practice of the said company. Nothing more, nothing less.

Regards, Joey

I don't think there is anything wrong with the company's Human Resource Management. Annual leave is subjected to approval. As long as cash is paid in lieu of leave, the company has not breached any law.

The employee has to look into the company's perspective, handover, knowledge transfer, service levels. If the employee cannot view these professionally, he/she will forever look for a new job.

Agree. The company did not do anything wrong. I dont think there is a right for us to use Annual Leave to offset notice period if they pay it back in cash

Please refer to Thread Starter's initial posting in reference to Paragraph 1 and Paragraph 2. It is self explanatory there.

Regards, Joey

This post has been edited by Joey Christensen: Jan 11 2010, 01:17 PM

1st time heard cant apply leave during resignation period. But i learn something call Emergency Leave (EL). This is wat ppl do if management dont approve your leave.

Whatever you do and decision you are going to make... think twice and don't burn the bridge... you will never know the next day you will become your manager subordinates again...

keep every relationship you have built... the world is small!

I think if amount is not big then leave a good image to your old company, world is small, you might meet same person in future as customer or vendor.

Try to talk @ discuss with manager

perfect way...myself as 2 year experience in HR/Admin suggest ts to fight back using this way...but if the company age (start operation) is below than 5 years...

just take that 10days holiday

You two geniuses do know that this is a necro thread right? The last response was 10/01/2010.

This post has been edited by apitbest: Nov 6 2014, 03:33 PM