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07/10/2010 10:48:27
Re: Staff Not Reporting To Work

We have two staff (one confirmed staff and one under probation) not reporting to work since 3 days ago without any notification.

Can the Company terminate their employment with immediate effect without any compensation?

Thank you.
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KL Siew
07/10/2010 17:34:44
Section 13(2) and 15(2) of the EA may give you the answer. It looks like you can do that but in spite of that. I still think you should find out more about their absence first. It can turn out that they have some reasonable excuses etc etc.

13(2) Either party to a contract of service may terminate such contract of service without notice in the even of any wilful breach by the other party of a condition of the contract of service.

15(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.
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Husna Sulaiman
21/10/2010 10:42:00

we have a confirmed worker not reporting to work for over 3 days without any information.We have already try to contact him, he didn't respond. Please advice if we can proceed to give him the termination letter or other procedure that need to be taken

Thank You,
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