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20/05/2010 12:06:14
Re: Termination of Cotract and Notice Period

Dear Mr Siew,

I am in a bit of a quandary over this matter.. There is a trend in my company where a lot of staff are absent for more than 2 days (without notifying us) and hence we terminate them according to EA.

Can I upon terminating, ask them to pay their salary in lieu of the notice that they are actually supposed to serve should they want to resign?

Also, do I have to pay them their salaries till the date they are terminated?

If this was happening for 1 or 2 staff, we would be willing to close one eye, however this is a common occourence in my company, probably due to the industry i am in..

Thank you for your assistance.
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KL Siew
20/05/2010 13:03:24
"15. When contract is deemed to be broken by employer and employee.


(2) An employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer, unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence. "

So, the employee is deemed to have broken his contract of service and thereby terminating his own service without notice. Pass the ball to him and demand that he pays indemnity in lieu of notice for that. If you terminate his service for that, the onus is on you to justify the termination and there will be lots of questions to answer. For me, I would write him a letter stating the facts and demand for indemnity. Meanwhile withhold his salary.
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