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HR
18/06/2010 09:40:15
Re: Staff absent

Hi Sir,

I have a staff that has apply for 1/2 day leave which is already being rejected by the employer as the reason of the leave is to go for a dinner. the staff insisted of going and against the employer rejection. A warning letter is issue to him for misconduct. After the incident, the staff absent from work with the reason that he fell. the person who inform is his cousin who is the supervisor informing to the superior of the staff. with the third warning issue for the 1/2 day leave restriction, the manager decided to terminate his service but the intention is not able to be convey to the staff. from the other staff, the staff has come to known that he is terminated. (it is not officially inform to the staff of termination). He has absent without news since then. From the other staff who is in good term with him , i get his new phone number and managed to call him. As HR decided to ask him to resign instead of terminate him. He agree to send in a letter but however no action of sending the letter in. And it has take for nearly 3 weeks for this incident.

1) Can we issue a termination letter to him for the breach of Sec 15(2) and Sec 13(2)? Do we need to issue him show cause letter (since this case happen nearly 3 weeks and he is absent for 3 weeks)?

Can you consult me on what can i do?

Your prompt reply is appreciated with advance thanks..

Regards.

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KL Siew
pesaraonline@gmail.com
18/06/2010 15:33:28
No need for the company to do the termination. He is deemed to have terminated his own service. You can write to him if you want.
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HR
18/06/2010 17:01:48
Hi Sir,

Thanks for the reply.

For the self termination, do we still need to pay for his salary? or for the self termination, any liability on the company part? means,

1) the employer need to pay for notice of termination?
2) there is still salary with the company, does the salary still need to be pay out to the staff, or the salary is being waived?
3) the employee will need to pay for the 7days notices that he did not serve?

Looking forward for your prompt reply

Regards.
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KL Siew
18/06/2010 17:35:01
If the agreed notice period is 7 days, you can withhold 7 days of his earned salary for indemnity since he has not given any notice. You pay the rest of his salary is still any left.
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