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chris yau
05/04/2009 18:35:30
Re: absentism for 3 weeks

My staff was absent from work for more than 2 days without nofify the company. Later family member called to inform that she needs to settle some personal problem and will be take one week off (she decided her own leave without prior approval by superior). After one week she stll no show up for work, till almos 3 weeks she called to plead to come back to work.
1. can the employer terminate the employment due to her absentism for more than 2 consequtive days
2. If yes, does she has to compemsate the company's one month salary in lieu ?
3. If the company takes her back to resume the employment and issue the letter of warning , does she still entitles for other benefits?

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KL Siew
05/04/2009 19:56:30
1. In fact she herself has terminated her own service;

2. Yes, she is liable to pay indemnity in lieu of notice

3. Yes, she is entitled to the benefits if you take her back.
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chris Yau
09/04/2009 14:42:42
Hi. Siew . Thanks so much for your earlier advice given.
need furhter advise on this issue
Beside the recent issue of absentism from work for more than 3 weeks, this staff of ours previously also has the record of work attendance issue (always late for work. Most reasons given are missed the bus/ personal & family issue/ worst is oversleep etc). Numerous verbal warning has been given (but no written warning so far). Plus the recent case of absentism, the company still take her back mainly base on humatarian ground try to help her in many ways to earn a living. But looks like she has taken advantage of the privilege given.
From this recent case, the company feels that has tolerated enough of her, hence decided to:
1) still take her back for time being because no replacement found yet. One reason is to give her last chance to change as she needs the job to support the family too.
2) will issue her the written warning for her this recent absentism issue and previous habitual late for work issues. Also will attach a wroking rules & regulation for her to comply- e.g punishment and rewards on work discpline
(e.g impose penalty for late for work after 3 x chances of exemption for a month period. And reward incentive for good behavior record for the month)
3) The company needs to observe her work atitutde and discplinary areas - hence propose to change her employment service to "contract" basis- renewal of contract may be 6monthly basis (and yet she is entitled for benefits as permanent staff).
(question - letter of change of employment and letter of warning be issued the same time to her)

Need your advise and confirmation whether the above proposed action is legally alright for the company ?

Apreciate your prompt reply soonest.

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