TERMINATED STAFF HAD 2 WEEKS OF LEAVE LEFT, BOSS SAID CLEAR IT SO NO NEED PAY HER

Can employer force staff to clear annual leave to bring forward notice period?

Yesterday, my boss told me that they will be outsourcing my duties so they don’t need a full time staff anymore. I’ve been terminated. ):

If notice period is 1 month, and I have unused 2 weeks worth of AL, can employer force me to use up all the AL and only pay the remaining 2 weeks salary?

I want to serve the full notice period and encash my leave so I have time to search for another job and at least have extra $$ if I don’t secure a job in time.

What should I tell my HR if she tells me to clear leave? If employer really decides to cut short my notice period without my agreement and tells me that he dont need me to come to work anymore, can he still pay me my full 1 month salary + 2 weeks AL since technically I didn’t agree to use my AL to offset notice period?

Netizens’ comments

1. For your first scenario, don’t think it make sense unless they are using unpaid leaves to offset your notice period. Because if your leaves are paid leaves, you will still get your full 1 month of salary minus the portion of the leaves that are pro-rated (because you haven’t earned it yet in a sense).
2. Depends on your contractual terms, but I do believe encashment is not a given right in most cases.
3. Encashment in most cases is not a standard practice and is usually negotiated with the employer. FYI, even factories have forced leaves.
4. They will definitely have to pay for your 1 month notice period if that is what you’re asking, so at minimum you will be getting that one more month of salary.
   You’re asking if you are able to encash the 2 weeks’ worth of AL so you get 1 month + 2 weeks of pay as well, the answer is it depends on what was stated on your contract, but if they make you clear leave that means if you have 2 weeks worth of leaves to clear, you will only work for 2 weeks and will be on gardening leave the other 2 weeks, but you’ll still be paid for the full month.
5. Notice of period should be as stated in your contract.
   If offset of notice period is needed, both employer and employee should be in agreement. This should also be in writing. Normally, employees request for off-set because they have already found a new job and the new company wants them to start soon, so employees use their annual leaves to offset their notice period.
   In your case, as you have not found a job, and you do not want to offset the notice period, then don’t agree.
   Please understand there is a difference between taking annual leaves during your notice period and using your annual leaves to offset notice period. The former is that you will be paid during the leaves and the latter is you won’t be paid.
   If your employer wants to terminate your services with immediate effect, he will need to compensate you salary-in-lieu of notice as well as your annual leaves. If your employer does not want to pay, then tell them you will submit a claims via TADM to demand the payment.