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20/04/2009 14:39:33
Re: Received warning letter due to take MC & EL

Hi Siew,
I've just started working in a recuirtment firm for call centre. I started work on 3rd Feb 09. i fell sick n took MC for 2 days in March and 2days(continuesly) on April 09. The reason for sickness is i was having fever and dhirea. I cant be working in a call centre where my adherance is very important n my breaks are limited. Hw am i suppose to go to toilet all the times. Then my grandma past away in march n my aunty pastaway this month. I need to be there to give my last respect to them.
Yesterday, my agency called me and ask me to come to their place to discuss about my MC & Health. I went n met them today. They serve me a 1st warning letter claims that i've taken extremely high MC the this past 2 mths. and EL.
According to my contact, i'm entitled for 14 days Medical Leave. And why am i receiving this warning letter juz for taking 4 days MC. I didnt buy those MC as i went to clinic and visited the doc. I feel like its unfair for me. They given me 14 days of entitlement but the threaten me with this warning letter after 4 days. So, I cant take any MC anymore is it.? I need to come to work even if i'm gonna die? I'm totally confused now.
Pls advise me. What can i do? Can I sue them in court? I'm restless.. confused... n shaken..
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KL Siew
20/04/2009 17:45:39
A very unfortunate case but that sure would give the management a wrong impression of you. If your illness persists, you will have to continue taking medical leave and get treatment. Just continue working as usual when you are alright. There is nothing to sue at the moment.
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20/04/2009 19:43:37
If employee did not came to work for continous 48 hours, the employer can use Section 15/2 and issue you a warning letter.

As long as you are able to provide the employer Death Certification, Medical Leave Certification, you should be alright.

If the employer terminate your employment contract, you are always can refer to IR department within 3 months (upon termination). Employer will be called for the hearing. You sure win. Unless you don't have the supporting document.
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KL Siew
20/04/2009 20:30:46
Chew, to update you, it is 60 days and not 3 months as in a proviso of Section 20 of the IR Act::

"Provided that where a workman is dismissed with notice he may file a representation at any time during the period of such notice but not later than sixty days from the expiry thereof. "
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22/04/2009 11:06:09
Siew, Thank for the reminder.
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02/05/2009 12:28:24
It will be good to set the record straight. Send a "protest" reply in reference to the warning letter, requesting the company for justification in their action. Remind the company that the mc is legal unless they have other information against the validity of the mc. Inform them the purpose of the letter is to set the records straight and unless they reply showing cause for their action, you consider the matter close and any action taken in the future in reference to this warning will prejudice your right as an employee.

Seek legal advice if you have any contacts for further assistance. But agree with KL Siew that there is nothing to sue at this moment. You are just protecting yourself from being victimised.

And it will be good to look for a new job...
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