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Mun
03/08/2009 10:50:36
Re: Termination due to absent without leave

Hi,

My company has a clause stated that

'Any staff that is absent without leave for three (3) consecutive days would be subject to termination of employment.'

'You will be on probation for a period of three (3) months. During this probationary period, either party may terminate this contract by serving the other 2 weeks notice or 2 weeks’ salary in lieu.'

This staff absent without leave for three (3) consecutive days. And Company decided to terminate him. How's the calculation for his last pay if let's say he worked from 1st - 15th only and the rest of the days he absent without leave.

Can we pay him salary from 1st-15th only w/o paying him the 2 weeks' salary in lieu?

Please advise.

Thanks!
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CK
03/08/2009 14:24:01
Though he has been absent for 3 days and is subject to the "termination of employment for 3 consecutive days absence" policy, both the employer and employee are still bound by the "termination during probation" clauses. Therefore, the company can terminate him for the 3 days uninformed absence, but with a 2 week notice or 2 week salary in lieu.
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Mun
03/08/2009 19:20:07
Got it. Thanks!
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