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25/08/2009 16:28:00
Re: Repeated absences and disappeared in action

Dear Sir,

As the HR, I have issue 1st show cause letter last month to one of the employee and there are no reply on the explaination for the issue. He repeated absences from work again and dissapeared from work since 21st August 2009 till todate without informed the company.

My question are as follow :
1. Can the company issue the termination notice straight away ?
2. His termination notice should be one month, if the company have to deduct his leave entitlement, and he have to pay the company for the differences with his basic of $1200.00?His leave entitlement as 31Aug 2009 are 11 days.
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25/08/2009 17:47:44
1) Yes. "Sec 15(2) An employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer, unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence."

2) The company can fire him without notice after a domestic inquiry. But if the company chooses not to go that far, the company can ask him to serve 1 month notice and deduct his salary (after deducting entitled paid leaves) in lieu of the short notice. Or, the company can ask him to work for extra days in lieu.
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26/08/2009 17:27:27
Dear Sir,
We have an employee who tender resignation letter on 3/8/09, with 2 months notice, so the last working day is 2/10/09. He got accumulated annual leave of 80days, so he worked until 14/8/09 only and the rest off-set against his annual leave. I would like to confirm whether my computation below is correct:
Basic pay = basic / 31x14days
Add: 80days annual leave basic pay /26 x 80days
Less: Short notice Basic pay/30 x 42days
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26/08/2009 20:08:22
According to Employment Act, the standard formula for pay per day should be: salary / 26 days. If you use this formula for Aug, Sept and Oct, the company shall actually pay him the extra working days after deducting the 80 days paid leaves based on this formula. Alternatively, you can use: salary / 30 days unless you have been using this formula as a standard formula for all reimbursement and deduction cases in the past.
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