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Wednesday, December 7, 2022
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RESIGNING STAFF NOT ALLOWED TO TAKE LEAVE DURING NOTICE PERIOD OR ENCASH IT

Need advice on employment contract terms regarding notice period

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I’ve given a notice to my employer and I’m currently serving the notice period. In my contract, there is no clear indication on how the leaves would be cleared out during this period. I was told by HR that I wasn’t allowed to take any leaves during the notice period, so now I had assumed that I could encash those leaves. Note, my contract doesn’t mention anything about encashing. I’ve attached the clauses regarding leaves in the image.

When I searched on MOM website, it clearly says that I could either take or encash my paid leaves. However, when I had a casual brief chat with HR a while back, they mentioned that this doesn’t apply to us as per the employment contract. I’m not sure how to proceed now, and I’m not able to understand as to why singapore employment laws wouldn’t apply to my contract. It’s rather stupid to not allow to take leaves during notice, plus not able to encash them as well.

MOM website clause:

“You can either encash or clear your annual leave if your employment was terminated.

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If the unused leave is encashed, it should be calculated at the gross rate of pay based on your last drawn salary.

However, if an employee is terminated for misconduct, any unused leave will be forfeited.”

Could anyone suggest what I should do here ? Shall I have a proper legal advice for my employment contract? Any lawyer/legal counsel over here who could comment ? (Thanks in advance)

Edit1: happy to pay by hour if this needs a detailed evaluation by a lawyer

Edit2: Thanks for all the replies. I’ll be contacting HR and try to understand why they said what they said. I’ll point them to the employment laws here, and see how they respond. To be honest, it’s likely they themselves are not aware and might have just copied the clause from the country the company is headquarted in into the employment contract. If things go south, I’ll bring up the employment contract to MOM and make the HR amend the contract for future employees.

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