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Expat resignation: what about compensation/holiday leaves ?

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  1. #1

    Expat resignation: what about compensation/holiday leaves ?

    Hello,
    I want to resign from my company but i have a few doubts.
    First i have a 3 months period notice. In my contract is not specified if those could be negotiated (I'm pretty sure no future employer would wait for you 3 months!) and it doesn't give any further information about what happens with compensation leaves.

    I read in another post that annual leaves couldn't be used to terminate the notice period earlier (or it must be discussed), but what about the compensation/holiday leaves?
    I know for sure those days for company policy will expire at the end of 2018 but due to the high volume of work we are not allowed to use them! I have to struggle to get a single day and i still have 8 days of that type of leave.
    If I resign I'm afraid they might be cancelled and of course is not my fault because my intention was to use them but I'm not allowed.
    Do you have similar experience? Any suggestion?

    thanks in advance


  2. #2

    Join Date
    Jun 2004
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    HK
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    Quote Originally Posted by Laviniahk:
    Hello,I want to resign from my company but i have a few doubts.First i have a 3 months period notice. In my contract is not specified if those could be negotiated (I'm pretty sure no future employer would wait for you 3 months!) and it doesn't give any further information about what happens with compensation leaves.I read in another post that annual leaves couldn't be used to terminate the notice period earlier (or it must be discussed), but what about the compensation/holiday leaves?I know for sure those days for company policy will expire at the end of 2018 but due to the high volume of work we are not allowed to use them! I have to struggle to get a single day and i still have 8 days of that type of leave.If I resign I'm afraid they might be cancelled and of course is not my fault because my intention was to use them but I'm not allowed.Do you have similar experience? Any suggestion?thanks in advance
    Not sure your industry but in Banking, 3 months is common and most bank/employer have no issue waiting 3 months.If you and your new and old employer agree, you can however buy some months out (ie, in effect you pay your way out). Obviously, the way to do this is, you pay 1/2 months to your old employer and the new employer give you a sign in bonus that cover this cost.Re leaves. Technically if you are under annual leave/compensation leave, you are still employed by your current employer, meaning you cannot work for the new one.Unless you work for a small firm and you go to an other small firm in which case 1 month or 3 month can make a difference, I wouldn't worry.Most new employer want you to come as fast as possible, but they also know that market practice is 3 months and frankly that's not so long.

  3. #3

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    To add to what Mat said - 8 days leave is a trivial amount to let go if you're in a toxic environment and just looking to get away.

    Mat and Mrs. Jones like this.

  4. #4

    Join Date
    Nov 2005
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    being able to use leaves is legallly allowed. they can't just cancelled your earned leave.
    but depending on company policy.. they can however insist you finish your 3 months notice working, and pay off your leaves in cash.

    all these are really company by company as most of what should be done after resignation are not legally stated. so companies can have their individual way of handling them.