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17/05/2010 22:17:12
Re: Resign during probation period+salary+warning letter+bond

Dear KL Siew,

Resign during probation period+salary
A staff resign during his probation period. He gave us one month notice as mentioned in the offer letter, his last day is 16 June. Our company wan him to leave on 30 May due to he got nothing to handover and we inform him in written and we only paid his salary until 30 May, he agreed and sign, is it against the law? or we should paid him until 16 June?

Warning letter
Our company got 3 stage of warning letter (1st warning letter, 2nd and 3rd).
After a staff got a 1st warning letter for A situation, if he repeated same A situation then we go for the 2nd warning and so on... i wan to ask
(a) if it is a B situation, can we give him 2nd warning letter ? or go back to 1st?
(b) How long does a warning letter valid?

Send a staff to training and ask him to sign a bond with our company. The bond calculated based on hourly rate for example RM 50per hour then divided by his daily salary. is it against the law?

Thank you very much^^

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KL Siew
18/05/2010 16:43:42
1. In fact, he should be paid up to 16 June. If he agreed to be paid up 31 May only and is not complaining, that's OK.

2. Your questions about whether warnings should be related to the same offence and the period of validity of the warnings are quite relevant. There are decided cases or writing-ups on such topic but I am unable to provide any article on them. Discuss with some officers in the Industrial Relations Department or read up some Malaysian Labour Law Journals.

3. I really cannot throw any light on its legality. The one who drew up the contracts must have consulted the company's legal advisers before doing that.
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