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PF
07/06/2008 20:31:40
Re: absent from work within probation Period

Dear Mr. Siow,

Can we dismiss an under probationary staff who is absence from work for more than 5 consecutive days without informing or attempting to inform the employer personally?

Under this situation, should we issue any warning letter for an explanation before any action being done?

Looking forward for your answer.Thank you.
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KL Siew
kl_siew@yahoo.com
07/06/2008 22:30:40
If he has not come back to work, then there is no problem. He is deemed to have broken the contract of service.

If he has come back to work and you have accepted him back then it is up to you to take action whether to give him warning and so on.
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PF
07/06/2008 23:09:34
Dear Mr. Siew,

Thank you very much for your advise.

If he has come back and we decide to dismiss him, we would like to know are we violate the Employment Act of dismiss a staff without notice especially he is still under probationary period?


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KL Siew
08/06/2008 08:05:49
In fact he is deemed to have terminated his service without giving you notice. Just tell him to go away if you are not interested to find out from him what had actually happened. If you want to, you may give him a letter stating the fact of his absence and that he had broken the contract of service and there is no more work for him.
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