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Tan
03/01/2011 16:47:35
Re: Convert Staff to Contract Worker

Hi Mr Siew

My company has a problematic staff who joined us on 2 Sept 2010 but in the short 4 months, she has chalked up 10 days of MC. Most of her MCs are on Mondays. In fact, almost all Mondays, she will either be on MC or late for work with various reasons; unless she has applied leave on that Monday. She is also always found to be away from her station and if not supervised closely, will take long lunch and breaks.
We have extended her probation period for the 2nd time today. Her first confirmation was due 1st Dec and her extended probation was due 1st January; which we have extended again today.
My boss is not willing to let her go as he claims it is difficult to employ staff and she is responsible in her tasks delegated to her. However, we are also worried that she will be even more difficult to handle once she is confirmed. As it is, as a probationer, she is already arrogant enough in not taking all the reprimands and verbal warnings seriously.
We are thinking of an alternative of converting her from a permanent staff to a contract staff where benefits and perks will be lesser. We are not anticipating that she will improve for the coming one month and we are thinking of not issuing her another probation extention letter but instead a letter informing her that we are converting her as a contract staff. Our concern is, can we do this? Thank you.
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KL Siew
pesaraonline@gmail.com
03/01/2011 17:46:35
Talk to your boss about the problems. Let your boss to have a pep talk with her since the boss is not willing to lose her. She might have more respect for the boss.
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Tan
04/01/2011 09:23:26
Hi Mr Siew

Yes, the boss has already spoken to her a couple of times. Additionally, my boss happens to be a "soft and nice" guy who always try to avoid awkward confrontation however he does acknowledge that something needs to be done.

Our concern is, if we convert her as contract staff, are we doing something that is against the Labour Law?
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KL Siew
04/01/2011 12:35:23
That would be tantamount to termination of service and converting to contract staff may not solve the problem at all even if she accepts.
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