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Annual Leave Encashment

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msanthosh2004
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Annual Leave Encashment

Postby msanthosh2004 » Tue, 18 Dec 2012 4:39 pm

Hi everybody,

I have catered my resignation today.

Was liaising with my employer today. I was informed that I cannot encash my annual leave but I can deduct it from my notice period. Is it legal for them to tell like that.

I would like to encash it. Do I have the rights to enforce this.

Request you guys to throw some light on this.

Thanks in Advance!

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the lynx
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Re: Annual Leave Encashment

Postby the lynx » Tue, 18 Dec 2012 4:46 pm

msanthosh2004 wrote:Hi everybody,

I have catered my resignation today.

Was liaising with my employer today. I was informed that I cannot encash my annual leave but I can deduct it from my notice period. Is it legal for them to tell like that.

I would like to encash it. Do I have the rights to enforce this.

Request you guys to throw some light on this.

Thanks in Advance!


Does your employment contract mention anything about this? That would be a good start.

http://www.mom.gov.sg/employment-practices/employment-rights-conditions/contract-of-service-termination/Pages/contracts-of-service-and-termination.aspx

Reference from MOM regarding that.

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sundaymorningstaple
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Postby sundaymorningstaple » Tue, 18 Dec 2012 5:17 pm

Taking of annual leave during notice period

As the notice period is meant to be served, the employer cannot force his employee to go on leave during the period of notice, unless the employee consents to it. Any unconsumed annual leave can be encashed by the employee.


From the link posted by the lynx....

offshoreoildude
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Postby offshoreoildude » Tue, 18 Dec 2012 5:19 pm

Work (or at least offer to work) your months notice and then take your paid leave at the end of it. They essentially will have to 'encash' it then.

D'uh.
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msanthosh2004
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Postby msanthosh2004 » Tue, 18 Dec 2012 5:39 pm

Thanks a lot guys for the replies. The contract I have signed doesn't talk about encashment of leaves. So can I assume as MOM says that either I can take my annual leave or the company has to encash it.

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Postby offshoreoildude » Tue, 18 Dec 2012 6:04 pm

msanthosh2004 wrote:Thanks a lot guys for the replies. The contract I have signed doesn't talk about encashment of leaves. So can I assume as MOM says that either I can take my annual leave or the company has to encash it.


Not quite.... you need to work your notice and THEN have you annual leave paid out.

Should the company not want you around (quite common) during your notice period - you should be asking for one months pay for the notice period and your annual leave. I suspect they are trying to shove you out the door quicker and use your annual leave to cover that time. They cannot do that anymore than you can refuse not to work your notice period if requested by the employer.
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Postby nutnut » Wed, 19 Dec 2012 9:32 am

Often it is that you have to work your notice and they encash your leave, I have had this forced upon me before by a company. The company cannot force you to take any leave unless its stated in the contract and is for compliance reasons (i.e. many banks enforce a block 2 week leave if you deal with clients)
nutnut

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msanthosh2004
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Postby msanthosh2004 » Wed, 26 Dec 2012 4:12 pm

Thanks for your replies guys. I am negotiating. I shall post how it goes with my employer.


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