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Term on OL

SJw
Member
Wed, 25 Feb 2015 12:28:43 AM  (Last updated: Wed, 25 Feb 2015 09:22:20 PM)

Hi Sir,

I would like seek for your advise agreement below stated on employment letter whether against labour law?

On Probabation, you may be terminated by the company giving one day notice in the event of non-performance. Others than such termination, the mutual notice period is one month during probation. Termination one day notice apply to confirmation staff in event of non performance. 

If employer give execuse of non performance, is the employee entitle compensation of 1 month salary? 

KL Siew
Administrator
Wed, 25 Feb 2015 08:55:12 AM

It looks like simple thing made unnecessarily complicated. Get clarification from the person who wrote that clause.

SJw
Member
Wed, 25 Feb 2015 10:08:25 AM

Hi  KL, just need your advise can the employer terminate employee with short notice? Employee entitle 1 month salary? Pls advise. 

KL Siew
Administrator
Wed, 25 Feb 2015 11:39:35 AM

It looks like to say, if there is non-performance, one day notice. Other termination than non-performance, one month notice. Isn't it? But the question whether there is non-performance or not, is something can be disputed and the termination may have to be brought up to the Labour Department.
 

SJw
Member
Wed, 25 Feb 2015 03:21:59 PM

Is it against labour law if the termination with non performance do not brought up to Labour department? Is the employee have the right request for compensation of 1 month salary?

KL Siew
Administrator
Wed, 25 Feb 2015 03:31:27 PM

Non-performance may be just an opinion. The employer may say the staff is not efficient but the staff may think otherwise. Yes, the employee has the right to claim one month salary if terminated without notice. It is up to the Labour Department to inquire into the case and decide who is right and who is wrong.

SJw
Member
Wed, 25 Feb 2015 09:22:20 PM

It apply to condition short notice too, right?

  This topic is closed