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amber
13/07/2009 18:01:44
Re: Absent

A staff joined 01/07/09.
He was absent on 10/07(Friday) & 13/07(Monday), we are 5 days per week.
HOD tried to call him on Friday but didnt pick up call until HOD called another staff then only the staff call the HOD said he is not feeling well.
Today, 13/07, he absent again and the HOD was informed by another staff that he will go to clinic as not feeling well.
Around 6pm, he called the HOD said want to resign.
Question:
1.can we terminate him under SECTION 15 (2) EMPLOYMENT ACT 1955 today?(without MC/ resignation letter submitted)
2. do we (employer) need to call & ask him submit MC & resignation letter?
3. Do employer still have to pay him from 01/07 to 09/07?

What is the proper way for this case?
Please advise.
THanks.
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KL Siew
kl_siew@yahoo.com
13/07/2009 22:19:05
Since he has told his HOD that he wanted to resign, so be it. Just don't pay him since he has not given any notice for his resignation.
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amber
14/07/2009 09:01:58
Should i request the staff to pay the salary in lieu due to without notice given? Salary in lieu for 7 days (resignation notice)?
Or
Just don't pay him any and issue termination letter on his resignation without given any notice?
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amber
14/07/2009 09:16:10
Don't pay him (no pay for him from 1st July he joined?)
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KL Siew
14/07/2009 11:44:15
Was 7 days' notice the agreed notice period in the contract of service? If so, demand 7 days' salary from him as indemnity in lieu of notice.
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amber
14/07/2009 12:14:39
Yes. 7 days notice as in the contract of service.
Is that mean, if he pay the 7 days notice, then Company will pay him back his salary from 1st July?
Otherwise, no salary in lieu pay by him; no salary for him at all. Right?
thanks.
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