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Jessie
jclim96@gmail.com
05/01/2021 12:54:32
Re: Termination of employment for employee under probation

Dear Mr Siew,

We have a new staff that joined us for 1 month and is still under probation.
After a few tasks, he told us that he not able to complete the tasks we gave him and he is more suitable to become onsite engineers (his message also sound like want to resign). So we decided to give him another chance by assign him some onsite tasks, however, his working attitude really not acceptable.

Reason:
- a passive person, just only do what have been told
- did not seek for advise when he not able to complete the job, he only admit it when the superior ask/ meet the deadline.
- Leave in the middle of his task without informing first due to "sudden" sickness

In our offer letter, this clause was written as, "During the probation period, either party may at any time terminate employment by giving two (2) weeks’ notice in writing without assigning any reason thereof."

Hence, we can terminate him with 2 weeks notice (or it be within 24 hours?).

My concerns are:
1- Do we need to pay him full salary for that month? Basic only or together with allowances and EPF?
2- If he leave after the salary is issue (on 28th), do we need to pay for another month?

Looking forward to hear from you soon.
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KL Siew
klsiew.my@gmail.com
05/01/2021 19:40:15
Terminating the service of an employee who is on probation is not as simple as one may think. It may be helpful if you can take sometime to go through the info about probation in this write-up.

I really quite not advisable to do what you suggested like giving 2 weeks notice and so on. Meanwhile, you can also seek official advice as to what you should do by consulting the Industrial Relation Department. Have a discussion with one of the officers.
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