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Under probation, no formal warning letter.

Mon, 03 Nov 2014 01:03:32 PM  (Last updated: Mon, 03 Nov 2014 10:18:27 PM)

Hi, we have an employee, who is under probation and during this period, his work performance is average but we don't intend to confirm him and wanted to terminate him because he is not following HOD instructions - eg. he is suppose to report or highlight to HOD of any abnormal things happen which he did not do so.  Employment agency said that we cannot just terminate him without giving him 3 warning letter and also our employment letter only state that during probation, need to give 24hour notice of resignation that does not mean the same notice period for employer to terminate the employee. Also, can email warning served as a formal warning letter.

How can we terminate this employee who is in our accounts dept and is drawing salary above MYR2500.00. Your advise please.

Thank you.

KL Siew
Mon, 03 Nov 2014 03:56:34 PM

If you have sufficient proof, I think you should hold a domestic inquiry so that the staff can have an opportunity to defend himself. If you terminate his service summarily, you could   be in a disadvantageous position should the case go to the authority.

Mon, 03 Nov 2014 10:18:27 PM

Noted. May I know, can email warning serve as a formal warning? 

In our employment letter, we did not state that Company has the right to transfer the staff to another dept if the HOD deem the staff not suitable for the position he is employed, can the Company issue a letter to inform him of the transfer and should he not accepting, he can resign if he does not accept the transfer.

Thanks and regards.

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