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chc
14/07/2010 22:37:11
Re: Termination

My boss would like to terminate a marketing staff who was recruited to penetrate a particular market. However, he has failed to do it for the past 1 year and the Company also decided not to penetrate the particular market anymore.

This staff is a foreigner and not covered by EA 1955. Can the Company terminate him according to his employment term i.e by giving him 1 month notice or payment in lieu?

Thanks.
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KL Siew
pesaraonline@gmail.com
15/07/2010 08:23:32
You will have to go according to the contract signed between the company and the foreigner. Consult your company lawyer.
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chc
15/07/2010 10:14:49
what if this is a local staff but not covered by EA 1955 as well, can we terminate him according to his employment term i.e by giving him 1 month notice or payment in lieu?

Can he complaint to IR if we do so?
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KL Siew
15/07/2010 10:33:30
You can terminate their service but they always have the right to complain to IR to claim reinstatement.
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judy
dmc_318@hotmail.com
15/07/2010 19:00:08
due to the failure of my business which running a loss, i have intention of asking 1 of my staff to resign by giving her 2 weeks notice according to the terms of her employment contract. i do offer to reinstate her if the runs better or whenever i need part time staff or if i happen to establish a new business. But she ask me to issue her a termination letter because her father said so. Furthermore, her father will take actions against me by asking 3 months compensation.
I would like to find out that if this really happen, do i have to compensate her although i adhere to the terms and conditions of the employment contract? In face, i have the intention to reduce the business or to terminate it. Your kind and prompt attention and reply on this matter is highly appreciate.
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KL Siew
15/07/2010 20:20:11
I would suggest you read up Section 12 of the Employment Act on termination of service and the Employment(Termination and Layoff Benefits)Regulations about payment of compensation (termination benefit).
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