[Question] Annual leave during notice period

[Johan Visser]

I wonder if some one can please assistwith some legal advice. I resigned from my company mid Nov and gave them 6 weeks notice. I have 8.5 days annual leave left. The company has a compulsory shutdown from 24 December to 2 Jan. This calculates to 5 days of leave. Are they allowed to deduct those 5 days of leave during my notice period and secondly if they do not deduct it from me annual remaining leave, are they allowed to deduct a weeks salary from my basic salary?

[Martinco]

Ok lets put this in the following perspective:

You resigned on 15 th (?) November, that means you have to work till 31 st December.
You have 8.5 days to your credit.
Only 4 of your "credit" days fall within the annual shutdown and you will not be at work....right ?
So you have used 4 of your credits and therefore the company needs to pay you 4.5 days of leave pay at the end of Dec.

If the 24 Dec is also in the shutdown period, then you only have 3.5 days to be paid out.