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26/02/2009 16:22:11
Re: Termination of confirmed staff

Dear Mr SIew,

I would like to know if employer can simply terminate the confirmed staff based on unsatisfactory performance in the company (KPI)?

Q2. Can a confirmed staff status can be changed to contract staff if the employee cannot meet the KPI?

Thanks and regards
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KL Siew
26/02/2009 17:03:07
You just cannot say whether the company can or cannot do for those reasons. The important thing is, If the staff concerned is not satisfied with the actions of the employer, he can always seek redress at the Labour Department or the Industrial Relations Department.
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27/02/2009 13:38:52
what is redress??
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KL Siew
27/02/2009 14:01:49
Sorry, I mean he can always get help there.
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27/02/2009 20:04:35
Dear Mr KL Siew,

If an employee had signed a appointment letter with a term and condition applied as below:

1. During probation period : an employee should tender a 2.5 months
notice prior to resignation

2. After confirmation period :an employee should tender a 7 months
notice prior to resignation.

If unable to give a notice period or lesser than the notice period, one should pay the payment of sum equivalent to salary in lieu of notice

Can this employee seek redress

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KL Siew
28/02/2009 08:49:23
There is no provision in the Employment Act that limits the length of notice period. But I think that's not a very smart move by the employer to require such a long period of notice. If it leaves me with no choice, I may instead make the employer kick me out by performing badly.

However, you must understand that the long notice period also applies to the employer himself. You may consult the Labour Office, but I don't think they have the power to order the employer to shorten that notice period.
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02/03/2009 15:27:12
Relating to Eager's concern, what if the notice period is changed from the original 2.5mths per the appointment letter to 7 months after working for 5 years ? Obviously, in view of job insecurity, the employee was "forced" to sign. Is there any redress ?
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