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19/05/2011 12:29:02
Re: termination

A staff joined for 1 year and still not confirm yet. The company given him 2 ext probation letter and also warning letters. The company terminate him last month since he not improving at all. He file a case against the company - jabatan buruh and the company need to attend the meeting next month. Is the company making any mistake on this ? We paid him 1 week in lieu notice (not confirm yet)and also salary. No leave balance as he finished all the leave already. He took EL very often. Appreciate your comment.
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19/05/2011 12:49:39
Since warning letter already been given, there is nothing to be scare it all the procedure is doing the the right way.

Photocopy the 2 ext probation period letter, the appraisal form of the staff, warning letter, the staff attendance record, the termination letter, and the last payment bank slip (include EPF and Socso contribute).

*the original need to bring along, photocopy is for the labour department.

By having all the document above, nothing to be worried ^^
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22/05/2011 18:39:05
1. if a person is under probation, resigned 24 hours before been confirmed, can a co claim a month salary from him?
2. If a person is employed under contract worker, is he entitled for EPF & Socso?
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23/05/2011 09:31:21
If the staff resignation is 24 hour notice, as long the staff wait for the 24 hour, the company can't claim anything. If the staff refuse to wait 24 hour and want immediately leave, then the staff need to pay the company 1 days salary (24 hour)

It is depend on the contract, if the contract is under your company, you need to pay the EPF and SOCSO. If the contract is under other company (out source) then the out source company need to pay it. For foreign worker different story.
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03/06/2011 15:09:55
Well, the company attended the meeting above and the official told us that it is perundingan damai, so it cannot judge who is right or wrong. the staff claim for reinstatement so it is depend on the company decision. As for us, we are confusu, it we are right, why we need to reinstate the employee ? In this case, all the staff will start complain and get pay then... we need advice on this. Should we settle with the staff or we continue the case.

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