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Annual Leave

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alibaba1984
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Annual Leave

Postby alibaba1984 » Mon, 07 Apr 2014 2:13 pm

Hi, I am tendering to resign from my current company and have to give an one month notice.

In my employment contract, it stated that "You are entitled to 14 days annual leave for each calendar year of service, or pro-rated thereof."

After a calculation, I still have 11 days of my annual leave so can I clear my leave during the notice period?

From the clause above, it stated that "or pro-rated thereof" so does this means if I never resign then I am entitled to 14 days leave but if I am resigning then will be pro-rated ((months of services/12)*7)?

Lastly, one silly question, can I still able to clear my 11 days of annual leaves during the notice period if my it is being rejected by my boss? Does this still consider pay leave?

Beeroclock
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Postby Beeroclock » Mon, 07 Apr 2014 3:13 pm

pro-rate formula looks wrong , should it be *14, instead of *7 ?

IMO they should allow you to take it during Notice period, and if not, then they should pay it out as cash, but it might depend on any details in your contract.

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the lynx
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Postby the lynx » Mon, 07 Apr 2014 3:28 pm

Wouldn't it mean that 14/12=1.1667 per month? So let's say OP already used up 3 (hence 11 in balance) and he tendered in April, should that mean that he has 4.6667-3=1.6667 day of annual leave entitled to him?

alibaba1984
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Postby alibaba1984 » Mon, 07 Apr 2014 3:32 pm

As mentioned in http://www.mom.gov.sg/employment-practi ... leave.aspx

The formula is (No of months in service/12) x 7 if the employee worked less than a year. However, if the contract said "you are entitled to 14 days of annual leave." So the x 7 will be x 14 instead?

Beeroclock
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Postby Beeroclock » Mon, 07 Apr 2014 3:45 pm

alibaba1984 wrote:As mentioned in http://www.mom.gov.sg/employment-practi ... leave.aspx

The formula is (No of months in service/12) x 7 if the employee worked less than a year. However, if the contract said "you are entitled to 14 days of annual leave." So the x 7 will be x 14 instead?
Yeah that will be the usual interpretation of pro-rate. e.g. for full year you're entitled 14 days. if you complete 6 months, you get half of it = 7 days. formula = 6 months/12 * 14 = 7 days

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the lynx
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Postby the lynx » Mon, 07 Apr 2014 3:53 pm

alibaba1984 wrote:As mentioned in http://www.mom.gov.sg/employment-practi ... leave.aspx

The formula is (No of months in service/12) x 7 if the employee worked less than a year. However, if the contract said "you are entitled to 14 days of annual leave." So the x 7 will be x 14 instead?


Only if you are covered under Part IV of Employment Act. Otherwise, your contract stands.

(digress: didn't you just received your PR recently?)

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Postby AngMoG » Mon, 07 Apr 2014 5:26 pm

It all depends on your contract.

For the current year, you are entitled to ([months served]/12) * 14 leaves as per your contract. If your last day were 30 June, you would be entitled to 7 days then. If you have already taken 3, that would leave 4 days of leave.

Whether or not you are allowed to take leave during your notice period ("terminal leave" if at the end of the notice period) is at the full discretion of your company - you have no right to it, unless stated so in your contract.

I think even encashment is not a right in Singapore. If the company offers it, good for you (even better if in the contract). If not, too bad. Even if it were a right, are you going to go to court over 4 days' pay?


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