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Self Termination without Notice

HR Ref
Member
Sun, 09 Aug 2015 01:36:03 PM  (Last updated: Wed, 19 Aug 2015 02:56:46 PM)

Hi,

Situation:

Employee knowing that if he doesn't show up to work for 3 days, it is consider terminated on his position. So, he purposely not showing up to work for 3 days. He did not answer phone calls and messages at all. According to the appointment letter, employee is required to give 1 month notice to company if he choose to move on. However, he did not do so. What kind of action company can take?

Kindly advice. thank you

Michael
Contributor
Sun, 09 Aug 2015 09:17:43 PM

Basically, there's nothing much that you can do about it. I wonder if you still happen to hold any of his salary? 

On the other hand, you may still proceed to the JTK to file a case against him to claim for the notice in-lieu.

HR Ref
Member
Sun, 09 Aug 2015 09:23:31 PM
Originally posted by Michael on Sun, 09 Aug 2015 09:17:43 PM

Basically, there's nothing much that you can do about it. I wonder if you still happen to hold any of his salary? 

On the other hand, you may still proceed to the JTK to file a case against him to claim for the notice in-lieu.

Yes, company hasn't release his salary yet. basically off and on, he didn't work for 2 weeks within the month. 

Can company issue a letter to him directly for the notice in lieu?

Michael
Contributor
Sun, 09 Aug 2015 09:27:49 PM

By the way, have you issued him "Show Cause" letter?

HR Ref
Member
Sun, 09 Aug 2015 09:41:12 PM
Originally posted by Michael on Sun, 09 Aug 2015 09:27:49 PM

By the way, have you issued him "Show Cause" letter?

Company actual verbal and written warn him . then, periodically issues came out from him. then company compiled all the mc or absent evidence and wanted to terminate him. 

before company issue him the termination letter, he 'self-terminiate' himself. 

Michael
Contributor
Sun, 09 Aug 2015 09:50:09 PM

Since you haven't issue him the "Show Cause"letter for his absence, I suggest that you issue it immediately and give him a week to reply the letter. 

In the event that he has failed to reply your letter after given period, you may issue him a "Termination" letter and other than telling him that his employment has been terminated, you may want to include the part where he has to compensate the Company for the unserved notice and the amount he has to pay the Company and the Company has the right to take legal action against him should he fail to do so. (Many of them will just ignore)

You then have to make a decision yourself whether to proceed with legal action against him or not. Please bring the cost and time into your consideration and the amount of compensation you will get back if you win the case; is it worth the effort, time and money?

HR Ref
Member
Sun, 09 Aug 2015 09:56:07 PM
Originally posted by Michael on Sun, 09 Aug 2015 09:50:09 PM

Since you haven't issue him the "Show Cause"letter for his absence, I suggest that you issue it immediately and give him a week to reply the letter. 

In the event that he has failed to reply your letter after given period, you may issue him a "Termination" letter and other than telling him that his employment has been terminated, you may want to include the part where he has to compensate the Company for the unserved notice and the amount he has to pay the Company and the Company has the right to take legal action against him should he fail to do so. (Many of them will just ignore)

You then have to make a decision yourself whether to proceed with legal action against him or not. Please bring the cost and time into your consideration and the amount of compensation you will get back if you win the case; is it worth the effort, time and money?

Thanks for your advice, Michael. 

HR Ref
Member
Sun, 09 Aug 2015 10:02:09 PM

In my opinion, it will be wasting time to deal with people like this. However, he requested for his salary being paid. That's why we want to make sure we are following the right process. 

Michael
Contributor
Sun, 09 Aug 2015 10:39:11 PM

Well, I guess you have made a good decision over there.In my view, unless his salary is like 10k or above, then you may consider to fight for it :-)

Anyway, from what you have told me earlier, I am guessing you have about half month pay of his in hand now? Since he is asking for it, you may offer him a deal which he is to compensate the Company for the unserved notice and upon receiving it, you will proceed to release the withheld salary, less the statutory deductions if any.

Another way is that you close the payroll after you have served him the Termination Letter. Then, you send him his last payslip and among the details in the payslip would be allowances (if any), OT (if any), Annual Leave encashment (provided he has any AL unutilized), his salary which you currently holding and the compensation he has to pay. If the Nett figure shown is negative then you should include a letter of demand to ask for the balance.

Remember to set a deadline for the payment which is due to the Company in your letter and remind him that the Company has the right to take legal action against him should he fail to meet to the requirement. (As I said before, many of them will just ignore)

Then you may choose to close the case, proceed to JTK to file a case or hire a lawyer to deal with the case.

SuharinKL
Contributor
Sun, 09 Aug 2015 10:43:44 PM
Originally posted by HR Ref on Wed, 19 Aug 2015 02:56:46 PM

Hi,

Situation:

Employee knowing that if he doesn't show up to work for 3 days, it is consider terminated on his position. So, he purposely not showing up to work for 3 days. He did not answer phone calls and messages at all. According to the appointment letter, employee is required to give 1 month notice to company if he choose to move on. However, he did not do so. What kind of action company can take?

Kindly advice. thank you

The proper way to deal with this is as follows:

1) The Company should issue a letter asking the employee whereabouts and please send the letter to his last known address via registered post. In the same letter give him the ultimatum to report back for duty;

2) In the event he still failed turn up for work after the above grace period lapse, thereafter the Company is safe to issue another letter confirming the employee's voluntary decision to terminate his own employment contract with the Company.

3) After taking the above steps, then it would be safe for the Company to hold his last salary as to indemnify the Company on the agreed in lieu of notice payment.

Please note that, by trying to reach the employee via calls and sms(es) is not a sufficient proof to show that the Company has done its part in finding its employee whereabouts. As such, by sending a letter via registered post would carry more weight to proof that the Company has done its part/duty to find its employee whereabouts.

Hope that clarify your query.

Feel free to email me at suharinsulaiman@gmail.com for further and detail explanation.

HR Ref
Member
Mon, 10 Aug 2015 12:55:08 PM
Originally posted by Michael on Sun, 09 Aug 2015 10:39:11 PM

Well, I guess you have made a good decision over there.In my view, unless his salary is like 10k or above, then you may consider to fight for it :-)

Anyway, from what you have told me earlier, I am guessing you have about half month pay of his in hand now? Since he is asking for it, you may offer him a deal which he is to compensate the Company for the unserved notice and upon receiving it, you will proceed to release the withheld salary, less the statutory deductions if any.

Another way is that you close the payroll after you have served him the Termination Letter. Then, you send him his last payslip and among the details in the payslip would be allowances (if any), OT (if any), Annual Leave encashment (provided he has any AL unutilized), his salary which you currently holding and the compensation he has to pay. If the Nett figure shown is negative then you should include a letter of demand to ask for the balance.

Remember to set a deadline for the payment which is due to the Company in your letter and remind him that the Company has the right to take legal action against him should he fail to meet to the requirement. (As I said before, many of them will just ignore)

Then you may choose to close the case, proceed to JTK to file a case or hire a lawyer to deal with the case.

Noted with many Thanks, Michael.

HR Ref
Member
Mon, 10 Aug 2015 12:57:33 PM
Originally posted by SuharinKL on Sun, 09 Aug 2015 10:43:44 PM

The proper way to deal with this is as follows:

1) The Company should issue a letter asking the employee whereabouts and please send the letter to his last known address via registered post. In the same letter give him the ultimatum to report back for duty;

2) In the event he still failed turn up for work after the above grace period lapse, thereafter the Company is safe to issue another letter confirming the employee's voluntary decision to terminate his own employment contract with the Company.

3) After taking the above steps, then it would be safe for the Company to hold his last salary as to indemnify the Company on the agreed in lieu of notice payment.

Please note that, by trying to reach the employee via calls and sms(es) is not a sufficient proof to show that the Company has done its part in finding its employee whereabouts. As such, by sending a letter via registered post would carry more weight to proof that the Company has done its part/duty to find its employee whereabouts.

Hope that clarify your query.

Feel free to email me at suharinsulaiman@gmail.com for further and detail explanation.

Thank you Suharin for your guidance.

HR Ref
Member
Wed, 12 Aug 2015 03:57:04 PM

Dear Suharin, I have sent email to you. Thank you

HR Ref
Member
Wed, 19 Aug 2015 02:56:45 PM

Dear all,

Company has mail the official letter to ex-staff stated about the Section 24(2)(b) of the Employment Act 1955.

May I know if company require to send the salary calculations to be documented and courier to ex-staff?

Thank you

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