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Termination Employment with 3 warning letters.

Sat, 19 Aug 2017 08:31:21 PM  (Last updated: Mon, 21 Aug 2017 07:56:31 AM)

Hi Admin,

I am a HR.

I would like to ask, employee has received 2 warning letter due to poor performance and constantly absent without notification. And company going to issue third warning letter due to absent without notification. Can employer give him a 1 month notice of termination lettter, without compensation on salary? What company should compensate and what a employee entitled to get?

Thank you!

KL Siew
Sun, 20 Aug 2017 12:24:39 PM

1. How long has he been working the company?

2. Was there any training given him to do the jobs required to do?

3. Any counselling given to him as to how to improve his performance?

Sun, 20 Aug 2017 08:50:39 PM

Hi KL Siew,

1. He has been working for almost 2 years.

2. No training given as he is a senior employee with working experience. His issues (under performance & absent without notification) happened after we increased his salary 8 months ago.

3. Yes, when we issued the first and second warning letter, we did talk to him regarding the issues and how to resolve it, but still it happen again and again. And in between that, we also verbally talked to him everytime the issues happened even we didn't issue warning letter.

KL Siew
Mon, 21 Aug 2017 07:56:30 AM

Things only happened after salary increase 8 months ago, from this I think it is quite likely to be a case of frustration. He might be thinking that the amount of increase did not reflect on the effort he had put into his job or lack of career advancement prospect. I venture a few points for deliberation:

1. If you think he is a good employee worthwhile having, try to find ways to retain him. But one should not let him think that he could get his way every time by doing those things.

2. Normal termination of service by giving prior notice by the notice period stated in the contract of service, pay termination benefits of 10 days salary for every year of service with the company (almost 2 years as you said). Refer to Employment (Termination and Layoff Benefits)Regulations for details.

3. On grounds of misconduct, for this if you have proof, conduct a domestic inquiry and then decide what sort of penalty you should give. Refer to section 14 of the Employment Act for guidance.

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