Due to financial difficulties we are cutting manpower and hence retrenching employees and giving them 2 months notice for this even if their contracts require only a month's notice. My question is this, can we force them to take their remaining annual leave on these two months period? For the main reason that we do not have funds to encash the remaining annual leaves if they decide to claim.
Or will the MOM " the employer cannot force his employee to go on leave during this notice period, unless employees consents to it " rule applies for this 2 months period?
Employer cannot force employee to apply leave without the latter consent.
