新工作开始的一个月,旧工作可以on leave,再辞职吗?

2019-07-18 10:10
如果旧工作还有一个多月假期没休完,可以on leave, 开始另外一个新工作吗?
然后等旧工作leave 结束 旧工作马上辞职。算违法吗?

如果不是,那这样交税的时候 怎么算?都算进去吗?

听说澳洲leave 用不完,可以按照相应的天数返还工资。

谢谢!

5 个回答

查看全部回答

2019-07-18 10:10

宁菊

严重的违法。
这2天在研究MOM的合同法。照你这样的做法,你的旧公司可以不给你剩下的工资,并且控告你。


-------------------------------
Offsetting of Annual Leave

An employee can use his annual leave to offset the notice period for termination of contract. If an employee uses his annual leave to offset his notice period and to bring forward his last day of work, he would only be paid till his last day of work and the annual leave used to offset his leave will not be paid. By bringing forward his last day of employment with the company, he is no longer considered an employee of the company and hence he may start work immediately with his new company.

If an employee chooses to offset his leave during the notice period, it is different from situation where he applies to go on approved leave during the notice period.

If an employee applies for annual leave to cover all or part of his notice period and approval has been granted by the employer, he will be paid his salary for the full notice period. In this case, he is considered as an employee of the company until the last day of his notice period. If he wants to join a new company, he can do so only after the last day of his notice period.
------------------------------------
Starting Work with New Employer while serving Notice of Termination with Current Employer

The employee serving the notice of termination is still considered an employee of his current employer. Unless his current contract of employment allows him to work with another employer before the date of termination, he has to seek written permission from his current employer to do so

2019-07-18 10:10

卓承

hehe, what if the new company is oversea? Just on leave here, and do work
in a new company in a foreign country!

2019-07-18 10:10

宁菊

哈哈,这就太难判断了。
不过,你先on leave再辞职的话,一般按照合同还要有一段notice period吧,除非你的没有。

2019-07-18 10:10

卓承

one month's notice, 可以 把这一个月拿来请假吗?
就直接说,请假结束,那天辞职!

2019-07-18 10:10

宁菊

1 month's notice = 在走之前一月通知。
假设在9月1号就通知他们,那意味着10月1号是你的最后一天。

------------------
(1)If an employee uses his annual leave to offset his notice period and to bring forward his last day of work, he would only be paid till his last day of work and the annual leave used to offset his leave will not be paid. By bringing forward his last day of employment with the company, he is no longer considered an employee of the company and hence he may start work immediately with his new company.

(2)If an employee applies for annual leave to cover all or part of his notice period and approval has been granted by the employer, he will be paid his salary for the full notice period. In this case, he is considered as an employee of the company until the last day of his notice period. If he wants to join a new company, he can do so only after the last day of his notice period.
------------------------------
(1)如果你在9月1号通知他们,并用你的一月假期offset了你的最后一天。那么9月1号就是你的最后一天,不过9月的钱就不用给了。

(2)假设你的这一月假期得到了他们的完全批准。那么10月1号是你的最后一天(虽然你已经不在公司了)。9月的钱他们还是需要给你的。

也就是说,你必须得到他们的批准,在大多数是和平分手的情况。也就是你交接了工作,大家都不伤和气。(2)基本是通用case。