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Employee MIA for 2 years

HWong
Member
Thu, 23 Oct 2014 09:20:29 AM  (Last updated: Thu, 23 Oct 2014 11:20:18 AM)

Hi,

we have an employee that met accident on oct 2011, after that we only receive his MC until dec'11, that's also for perkeso claim purpose. Then his wife claim that she will handle the claim herself and then we never receive any MC or notice or news from him. We did receive letter CC from perkeso on his claim and there we assume that he still under MC. But he never submit the MC to the company, never inform when and whetehr he wants to resume his work. He appear in the office around end of 2013..said wants to get back his job. COmpany do nto ahve any vacancy during that time and reject his request. He claim that we should reserve the job for him since "we all know his on MC" and he never tender and resignation letter, so we "should know that he's coming back". During his MIA period, company do try to contact him few times regarding some loan he get from company, but he never inform whether he wants back the job or not. So, please advise:

- Shall the employer "reserve" the position for a staff in above situation? If yes, how long? (Note that he never submit any document on his MC or leave during the almost 2 years period)

- As far as i know, if an employee does not report to work within 3 days without any notice or document, he/she will be consider terminated, is that right?

- He claims that we should know he still on MC even though he never inform us, but isn;t it an employee's responsibility to inform the employer on his MC?

- He also claims taht we should continue contribute his Socso during this period, is that right? If yes, since we didn;t issue him any salary , how to decide how much to contribute?

Thank you very much.

KL Siew
Administrator
Thu, 23 Oct 2014 11:11:25 AM

I think what you can do is to discuss the issue with SOCSO. I don't think I can make any useful comment.

HWong
Member
Thu, 23 Oct 2014 11:20:18 AM

Noted with thanks. How about the below issues:

~- Shall the employer "reserve" the position for a staff in above situation? If yes, how long? (Note that he never submit any document on his MC or leave during the almost 2 years period)

- As far as i know, if an employee does not report to work within 3 days without any notice or document, he/she will be consider terminated, is that right?

- He claims that we should know he still on MC even though he never inform us, but isn;t it an employee's responsibility to inform the employer on his MC?

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