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Steven
19/06/2009 13:49:09
Re: Pregnant Woman Dismissal for Non Performance

We would like to dismiss this woman not because she is pregnant but because her performance is bad. As this person is currently pregnant, what are the consequences that our company may face if we dismiss her during her pregnancy period. We are preparred to pay her but not sure what sort of wage would Labour court ask us pay.
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KL Siew
kl_siew@yahoo.com
19/06/2009 16:28:24
Require more info: 1. What is her salary? 2. When did she join the company? Paying is one thing but she also has the right to complain to the Industrial Relations Department for reinstatement i.e. to get back her job.
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Steven
22/06/2009 15:38:09
She is a part timer however we pay her a basic of RM 500 plus hourly rate. Example, per hour RM 4.00, we pay her basing on how many hours she works and add on another RM 500. Joined the company for 2 months + , She only works at night and besides that, she has a full time job in the morning and noon with other company.

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KL Siew
kl_siew@yahoo.com
22/06/2009 16:44:15
In that case, if you don't want to give her 4 weeks notice, you may try to pay her off with 4 weeks salary in lieu of notice if you want to let her go immediately.
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Steven
22/06/2009 17:19:12
Dear Mr. Siew,

Thanks, but since she is at the moment 5 months pregnant, are we required to pay her compensation on top of the 4 weeks salary?? or does that apply only for full time workers?? . Under the labour law they did mentioned the penalties about dismissing pregnant woman.

Thanks,
Steven
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KL Siew
22/06/2009 18:49:30
There is no penalty but she may use it as one of the reasons for her wrongful dismissal.
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Steven
23/06/2009 11:32:29
Thanks for your help, last 2 question.

1) If she does use the reason as dismissing her, can we use the warning letters?

2) The warning letter, is it compulsory that she signs on the letter?? As for our case, she will read it but refuse to sign.

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KL Siew
25/06/2009 09:01:45
1. You can issue warning letter instead.
2. If she does not want to resign for it, you can't force her to do so. Record the fact she refused to sign for it and have someone to witness it.
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