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LP

22/10/2010 15:06:53
Re: Staff refuse further probation extention

Our staff is 2nd time extention on his probation. But he cannot accept the 2nd time extention. He forcing HOD to confirm him no matter how with his personal reason of "HE NEED THE DECEMBER BONUS"!

Reason of extention:
1) Late submit report.
2) After 1 year, knowledge of work still no good.
3) Not responsible on his job
4) Not honest to HOD
5) Late submit report. With only forcing and number of time follow-up then only proceed.
6) No initiation, not aggressive and lazy on job.

Details :
Appointment date start: Nov 2009
1st Extention: May 2010
2nd time extention: Nov 2010

Question:
1. Want to give him another chance to extention. Whether is lawful?
2. He refuse to the extention and sign on the relevant documents. Whether is valid of his extention for probation?
3. Will cause any trouble on extention for probation? Employee will sue company?
4. If he continue refuse of extention and no option that we have to terminate him. Is lawful? Employee will sue under what section? How to avoid?

Thank you.
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KL Siew
pesaraonline@gmail.com
22/10/2010 17:43:03
"He forcing HOD to confirm him no matter how with his personal reason of "HE NEED THE DECEMBER BONUS"! That's great! What do you propose to do about that?
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LP

25/10/2010 10:30:29
My superior advice to extend him for another 6 months and review his work.

But Admin dept very scare of getting trouble. Keep asking just BLINDLY do and confirm him.

That the problems. We not familiar with laws and not sure will get any trouble or not. Need advice.
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busybody
25/10/2010 11:32:25

Do you need to 'confirm' this kind of employee? Just give him the notice stated in the Appointment Letter and pay the Termination benefit of 10 days salary (if he is subject under the EA).
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LP
25/10/2010 15:54:09
Issue is whether lawful or not. Admin and management don't want to get into any issue (esp. law & regulation issue) happen. It wil affected company reputation.
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KL Siew
25/10/2010 18:01:44
"My superior advice to extend him for another 6 months and review his work."

Since your superior has advised you to do so, what is your problem then?

By the way, I have deleted your email address which shows the name of your company.
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LP
25/10/2010 19:54:30
Still need your advice.

1) How many time we can extend his probation?
2) If we issue the extend probation letter 2 weeks after the actual day. Is that lawful? Any effect or automatic consider confirmation.
3) Certain document need him to sign for the evaluation. But he refuse to sign on it. Then we still can issue extend probation letter?

Your advice will be highly appreciated.

Thank you.
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KL Siew
25/10/2010 20:24:49
1. There is no limit to the number of times. This does not mean you will keep on extending. A staff whose performance could not be improved despite all the efforts to guide, to train him. could have been asked to leave long ago.
2. Extension can be given at any time after receiving assessment from his immediate superior.
3. You may discuss the assessment report with him and it is not necessary for to sign anything before issuing the extension or confirmation.

Whatever you do, better .be sure to have the backing of your superior or the management.
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