Employment Termination - Is my employer trying to screw me over?

TheRoadAhead · 02-12-2022, 09:17 PM

Originally Posted by shri:

(Salary / 30) * 20 days for unused leave compensation.

Am I getting that wrong?

I believe this is the formula to use when the employment relationship ends on the same day as the termination date and the employer needs to settle the unused leave balance.

However in my situation I am technically and legally still employed until the last day of when my unused leave balance goes to 0. Therefore I am not sure they need to use any formula as they are technically not paying any of the unused leave to me. They are instead paying me a salary based on my extended employment period thanks to the actual use of my remaining days off.

Peaky · 02-12-2022, 11:54 PM

Yes, if your contract is clear that your working days exclude public holidays and weekends then it should apply to your gardening leave period too.

Even in a big and well meaning group HR screw things like this up all the time... send them your calculation and there's a good chance they'll just agree it. Even better if you do it collectively with others.

TheRoadAhead · 03-12-2022, 01:30 AM

Originally Posted by Peaky:

Yes, if your contract is clear that your working days exclude public holidays and weekends then it should apply to your gardening leave period too.

Even in a big and well meaning group HR screw things like this up all the time... send them your calculation and there's a good chance they'll just agree it. Even better if you do it collectively with others.

Thank you very much.

My contract stipulates "Your minimum hours of work are between 9:00am to 6:00pm, Monday to Friday. You may be required to work beyond the normal working hours from time to time" so I assume the garden leave also follows this Monday to Friday pattern? Then the salary section just says that I will earn $XXX per month, nothing else.

Also shouldn't I receive more days off than 20 according to my leave year and the formula which is unused leave + (days off remaining in leave year)*(employment in leave year/365)?

Peaky · 03-12-2022, 09:50 AM

Unused leave is never properly defined... when I left the UK they did it really properly (leap years and sequencing of public holidays in the calendar year were both taken into account and i was paid to the nearest quarter of a day!) but over here it is normally just a straight line calculation, either assuming 30 day months or 365/12 day months.

GotIt · 03-12-2022, 09:54 PM

Even if they change your final day to January, I'm still surprised - is it as per contract/Employment Ordinance/usual practice that employer "force" employee to use paid annual leave during garden leave?
I was under impression these are 2 different things.
My understanding was that whatever final date is, if annual leave was not taken by employee voluntary, it needs to be paid (aside from minimal necessary annual leave for some companies - usually 2 weeks).
Another thing - if you have first notice about final day in writing, not sure if it is up to them to change their mind and set new final date?

TheRoadAhead · 04-12-2022, 12:03 AM

Originally Posted by GotIt:

Even if they change your final day to January, I'm still surprised - is it as per contract/Employment Ordinance/usual practice that employer "force" employee to use paid annual leave during garden leave?
I was under impression these are 2 different things.
My understanding was that whatever final date is, if annual leave was not taken by employee voluntary, it needs to be paid (aside from minimal necessary annual leave for some companies - usually 2 weeks).
Another thing - if you have first notice about final day in writing, not sure if it is up to them to change their mind and set new final date?

They use two dates: the termination date (28 Nov) and the last employment date (which date is 28 Nov + 1 month notice period + remaining days off).

I had the same understanding as you but they seem to operate differently..