Hello, I have had many problematic staff (below RM1500/month) at my restaurant. But yet I cannot simply just terminate their services. After issueing warning letters etc, they still do not get the message to resign but continue to create more problems for me.
-Some even refused to sign the warning letter and the disciplinary action (DA) forms that we have. What can I do abut this.
-How do I terminate a staff (without compensation) if I have sufficient DA forms signed by them ? Do you have a sample termination letter?
-In future, is it legal for me to give out Temporary Contract of Service which carries a max. 3 months period only? this is to ensure that Bad Staff will only have a max of 3 months with me and I do not need to terminate them because their contract will expires eventually. Pls advice and if it is legal, would you have a sample contract I may use?
Really problematic employees should be terminated even if you may be required to pay compensation. There is no guarantee that you will not have to pay compensation. No point in having problematic employees around. No sure whether Temporary Contracts can solve the problems, but I don't think it is illegal. Consult the Labour Department about it.
By the way, the laws can only help to certain extend but do not solve all the problems all the time. Try to find out what causes the workers to become problematic. When a person comes to work for an employer, surely it is not his intention to create problems. The following may be some of the things that can make a worker unhappy:
1. His rights under the labour laws: is he paid overtime for working long hours? is he getting his weekly rest day? is he given holidays? is he give annual leave, sick leave? is he getting EPF? is he covered with SOCSO ? and so on.
If the answers are 'yes' then there will not be much problems in this area. The workers will not have much complaint it.
2. Human relations. People say dealing with human relations is an art. That's why some employers are better than the others in this area.
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