I am full time employee in an admi role. And have been for the last 13 years. All but the 6 months I had off when I had my baby.
My workplace is struggling financially and I feel it it time for me to move on.
I have 55 days annual leave and 45 days long service leave.
If I was to resign, Do these leave days get paid to me?
Also is there a rule about how long the workplace has to pay them to me?
Can it drag out for months?
I am in Vic.
I would give 2 x weeks notice of resignation.
My last signed contract was in 2009 and it said I only had to give 1 weeks notice.
I have not signed another contract since. I have had pay increases.
8 Replies
Yes, they do have to pay you out for both annual leave & long service leave and no they cannot drag payment out. By law, payment should be made to you on your last day.
If they're struggling & you have so much owing I'd be looking to leave sooner rather than later. If they go insolvent you'll get nothing. It sounds mean but you have to look after yourself first.
It should be paid in your last pay. Don't let them negotiate otherwise it again you might not get it.
Thank you for the responses so far.
I am very nervous
You should be paid all your entitlements on completion. If they are in a bad place, I would be checking that your super has ACTUALLY been paid too, before you resign. Make sure you have all your information. I would also take a support person to your resignation meeting, so you have a witness and it will probably keep the meeting more objective for both sides. If they have HR internally, they will know their obligations.
My super has been paid correctly, Thanks for bringing that to my attention. I never thought of that.
There is no HR In the company.
There are 3 x bosses which are all a family and 8 other full time staff.
One person has more leave saved then me.
5 have very little saved.
One has about 60 days long service and nothing else.
Both will get paid out, if I was you I would resign sooner rather than later... if the company goes under you may not see any of it.
Good luck
You will get paid out for annual and long service. But not sick leave.
Once you have your certificate of separation, you should be paid within i think the next pay cycle.
If you have any other questions, call fair work as they can also give you time frames and such.
Long service and annual leave will be paid out, but dont leave it too long if the company is struggling. Yes, you may be the reason you tip them over the edge, but these are your entitlements. If you leave it too long, you'll lose the lot. Do not feel guilty about your decision.
However in saying that, the Vic Government just introduced "Portable Leave" if you leave one job and go to another, as long as its in the same industry. Might be worth checking out.