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lim
lim@lspcmjb.com.my
19/05/2014 11:23:25
Re: Termination

One of our staff joined: 12/6/2000
Her current salary: RM1,680.00

She was our Weighing Bridge and Purchasing Clerk and was transferred as a Sales Executive on 1 Mar 2014. She signed the transfer letter on 1st Mar 2014 after discussed with boss. (Original copy was given to her after signed)

In Apr, she came to HR Dept. request for the letter saying that we want to re-discuss the terms on the letter. I have passed to her the letter without making any copy.

Unfortunately, she did not discussed with boss on that day and she took away the letter and refused to return to HR Dept. HR Dept. and attempted to get the letter back few times but refuse to return. HR Dept. then reprint a copy for her to sign but she said she does agree with one of the clause in the said letter “2 years contract”.

Please advise in this case what can company do. Can company suspend her duty for investigation or can company terminate her with this reason?

If company terminate her, do company have to pay termination benefit to her as follows:-

Year of service: 12/6/2000 to 11/6/2013 = 13 yrs
12/6/2013 to 19/5/2014 = (19+31+31+30+31+30+31+31+28+31+30+19)
= 342 days
Total year of service = 13.94yrs

Hence she will be entitle for item (c) as per above, 20 days wages for every
year of employment & as per below:-

- (Total salaryx12)/365 days x (20 days x no. of years serviced)

- ((RM1680 x 12)/365) x (20 days x 13.94 yrs) = (55.23 x 278.8) = RM15,398.12


Pls advise if the calculation is wrong.

Your immediate response is highly appreciated.
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KL Siew
klsiew.my@gmail.com
19/05/2014 11:30:06
Yes, I would agree with you calculation.
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lim
lim@lspcmjb.com.my
19/05/2014 11:47:41
Mr. Siew, thanks for your prompt response. What if company give her warning letter for not returning the letter, with one wk time to return and show cause. Or can company give her 1 mth notice in liew and terminate her immediately.
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lim
lim@lspcmjb.com.my
19/05/2014 13:38:11
May I know in this case can company specify early termination is to count back the balance incomplete months X monthly pay, and the terminating party must pay back to the other party? Vice Versa.
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KL Siew
19/05/2014 14:34:39
In addition to the termination benefit, I think the company should also pay one month salary in lieu of notice if terminated immediate plus salary up to the last day of employment plus annual leave pay if there is any balance.
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lim
lim@lspcmjb.com.my
19/05/2014 17:12:47
Can company give her warnig letter and show cause letter? If she did return the letter than company give her 30days notice of termination and dont' pay for termination benefit. Is this ok? Can she file for unfair dismissal?
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lim
lim@lspcmjb.com.my
19/05/2014 17:12:48
Can company give her warnig letter and show cause letter? If she did return the letter than company give her 30days notice of termination and dont' pay for termination benefit. Is this ok? Can she file for unfair dismissal?
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KL Siew
20/05/2014 09:21:49
I am not in the position to go into specific facts of your case with her as I don`t know what is going on. You do what you think you need to do. Of course, she has the right to file for unfair dismissal if she wants.
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lim
lim@lspcmjb.com.my
31/05/2014 09:14:35
The total salary of her past 12 mth salary is to add up her total past 12 months salary, inclusive of current month salary, total basic plus all allowances and OT?
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KL Siew
31/05/2014 19:12:52
For the purpose of calculating termination benefit, a true day wages may include those items. Anyway, seek an official confirmation from the Labour Department. Don't take my words for it.
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