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TERMINATION

ANGIE CHEAH
Member
Mon, 19 Sep 2011 11:20:09 AM  (Last updated: Mon, 19 Sep 2011 03:13:04 PM)

 hi,

i came across one of this case. may i know what is the correct way to terminate a staff.

She's 64 yrs old - retiree, who worked as general clerk. salary rm950. she's been working for about 7 yrs in the company but she isn't under any contract or any black n white doc. and now due to her weak performance, the company wish to terminate her. so is the company should compensate her and if yes, how much should the company compensate? and do the company need to give any notice in advance?

KL Siew
Administrator
Mon, 19 Sep 2011 02:55:44 PM

Under the Employment(Termination and Layoff Benefits)Regulations, the company should lpay (950.00x12)365 x 7 x 20 i.e. 20 days wages for each year of service.

ANGIE CHEAH
Member
Mon, 19 Sep 2011 03:13:04 PM

 Do the company need to give notice in advance?

there is a quote where 'an employee shall not be entitled to termination benefit payments under:

a) upon the employee attaining the age of retirement if the contract of service contains a stipulation in that behalf or

b) dismissed by the employer on the grounds of misconduct..

is the poor performances deemed as misconduct..?? and the clerk did not signed any black n white doc nor contract..so is she eligible to get the compensate? i'm not clear bout the (a) quote..

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