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termination of an employee

sarah  
Guest
Mon, 19 Mar 2007 03:46:59 PM  (Last updated: Tue, 20 Mar 2007 11:01:13 AM)

HI,

I am a mgt trainee under hr dept, currently, my company encounter one problem which need to seek your advice.

There is one senior exec. from my company left the company without given any notice to the company. The actual scenario is that , the staff last day should be on 16/03/07 after deducting from his leave entitlement for the year, and we have to pay back 0.5 day salary to him on the balance of leave he has.

Although his last day is on 16/03/07, but he not yet sign on the letter on Acceptance of Resignation to clarify his last working day on 16/03/07 and he promise the company that he will stay on to finish is work before he confirm his last working date to us.But, as for today, he did not turn up for work and also didn't notify the company on his last working date.

For this above scenario,

1) What kind of action the company have to take? Can we terminate the staff immediately without paying him the salary ?

2) Can we take any legal action from the employee?

Thank you for your help. Hope you can reply me ASAP.

Yours sincerely,

Sara

KL Siew
Administrator
Mon, 19 Mar 2007 06:37:19 PM

Since the last working day was 16/03/07, everything is over isn't it? I am not very clear about the situation. Since you are only a trainee, I think you better consult your HR Manager before you take any action. Let the HR manager instruct you as to what action to take.

saras
Guest
Tue, 20 Mar 2007 09:37:54 AM

thanks for your reply:-

The manager need me to consult your opinion on the above matter. let me put the situation in a simple way:

The staff already sent in the resignation letter and the company decide to let him go. He has to give 2 mths notice on his resignation. After deduction on his leave entitlement, his last working day falls on 16/03/07. Although his last woking day is on 16/03/07, the HOD needs him to serve full month notice as to finish his remaining work and he agrees with it. As to our company policy, the staff who resign, needs to sign on the letter on Acceptance of Resignation. but he did not sign on it as he has not confirm his last working day with us.

On 19/03/07, the staff didn't turn up for work and did not notify the company on when is his last working date with the company. By today, we manage to call the staff as he said he already start working in other company on 19/03/07.

can i have some questions on the above:-

1) Can we take action as to say that he has breach the employment contract, as he left the company without singing the letter of acceptance on his resignation on 16/03/07? Can we say that he is still have to report to work since he has not sign on the acceptance letter although his last day falls on 16/03/07?

2) Since he has left the company without given us any notice, can we take any legal actions against him, and shall we pay him the salary for the month of March. Do we have the right not to pay the employee on the salary .

3) Since the staff is not covered under EA, is his leave entiltement can use to offset his notice period ?

Would appreciate if you may reply me ASAP, as i have to reply to my manager by today. Thank you very much for your assistance.

Yours sincerely,

Sara

Thank you

KL Siew
Administrator
Tue, 20 Mar 2007 11:01:13 AM

As you have said: ''...The staff already sent in the resignation letter and the company decide to let him go. He has to give 2 mths notice on his resignation. After deduction on his leave entitlement, his last working day falls on 16/03/07..." So he went off after that. I don't think there is anything more you can do about it. Aboutl that "Letter of Acceptance of Resignation", this is something new to me. Since he has not signed it, he is not bound by it.

You are advised to consult your own company l

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