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Jess Ong
10/05/2010 10:35:57
Re: Contract Driver - yearly basis renewal

Dear Mr Siew,

We have a contract driver who age now is 60, his contract is on yearly basis from 1Feb 2010 till 31 January 2011. in his contract consists of

a) Termination notice "during the contract period the notice of termination of employment to be given by either party shall be one week's notice in writing or one week's salary in lieu of notice. However, in respect of termination of employme nt due to misconduct, no notice of termination or salary in lieu of notice is required to be given.

b) Duties: "to send employees to and from factory and related events according to the schedules, van maintenance, to do other job as per instruction".

c) Daily working time: I)8:00am send employees to factory
ii)4:00pm send employees to factory & send employees home
iii) 12 mid night : send employees to factory & send employees home

sometime we did requested him to do banking. The total working hours is less than 8 hours per day.

We faced a problem,
1) today we instructed him to send cheque to bank, he refused,
2) sometime there is a new joining worker who staying at different place, which the distance is about 15 minutes to factory, he also refused to pick the employee.

My question is as his contract will expiry on 31 January 2011 & our contract to him also stated 1 week termination notice, can I terminate his contract by paying him one week notice? Do I against the law if I terminate him with 1 week's salary in lieu? Thanks!

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KL Siew
10/05/2010 16:53:29
You can do that but the driver has the right to complain to the Industrial Relations Department for unfair dismissal and he can ask to be given back his job.
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17/05/2010 15:12:38
We recently employed a staff under a temporary contract of service. The contract is for 3months. The staff has being working for 1 1/2 months now and we found her performance not very satisfactory. Can we just terminate her contract by giving written notice of 2 days since it is stated in the contract? Is it wrong to terminate the staff without reasons like misconduct etc.? By the way, her basic salary is more than RM1500/=. Please advise, thank you.

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