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Ask Employee Resign At Probation Period

May
Member
Mon, 12 Oct 2015 12:36:43 PM  (Last updated: Mon, 12 Oct 2015 03:56:24 PM)

Hi,

I have a question, we have a employee transferred from other department to admin after three months in QC department. But, she doesn't improve after being transferred. So, we had decided to ask her resign by herself by next week. Is there any legal letter that we can give to her?

SuharinKL
Contributor
Mon, 12 Oct 2015 02:42:27 PM
Originally posted by May on Mon, 12 Oct 2015 03:56:24 PM

Hi,

I have a question, we have a employee transferred from other department to admin after three months in QC department. But, she doesn't improve after being transferred. So, we had decided to ask her resign by herself by next week. Is there any legal letter that we can give to her?

hye there,

Please do not ask the said employee to resign. Such move can be considered by the Industrial Court as forced resignation (as decided in numerous cases) and the Company may be facing a greater liability to compensate the said employee (worst case if the said employee record the conversation/meeting).

As such, if evidently the said employee has poorly performed her duties and responsibilities, then it is much proper to terminate her on the ground of poor performance. Provided the Company need to have evidence that she was indeed accorded with notice or warning about her poor performance and was indeed given with opportunity in terms of period of time to improve.

Hope the above sufficiently clarify your query.

Regards,

suharinsulaiman@gmail.com

May
Member
Mon, 12 Oct 2015 03:56:24 PM
Originally posted by SuharinKL on Mon, 12 Oct 2015 02:42:27 PM

hye there,

Please do not ask the said employee to resign. Such move can be considered by the Industrial Court as forced resignation (as decided in numerous cases) and the Company may be facing a greater liability to compensate the said employee (worst case if the said employee record the conversation/meeting).

As such, if evidently the said employee has poorly performed her duties and responsibilities, then it is much proper to terminate her on the ground of poor performance. Provided the Company need to have evidence that she was indeed accorded with notice or warning about her poor performance and was indeed given with opportunity in terms of period of time to improve.

Hope the above sufficiently clarify your query.

Regards,

suharinsulaiman@gmail.com

Oh I see, okay, thanks for your help.

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