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The right of employer terminating an employee

Amelia Loh
Member
Wed, 11 Oct 2017 03:45:15 PM  (Last updated: Wed, 11 Oct 2017 04:02:18 PM)

Hi,

I would like to know if employer has the right to terminate an employee by stating that the employee has fail to meet the job requirement and did not give any written warning. Will this breaking the Labour Law?

Because firstly, the employee is rude to the customers and his colleagues, and do not follow instructions given by the employer. Second, because the company didn't provide OT, he once stop his job on hand even he already half way to the destination and went backt to the company and wait till his working hours end. However, the company didn't provide any warnings to him. Will this break the Labour law for terminating him?

Furthermore, there is no written employment contract given by the company. Can the company terminate the employee who has just work only for 9 months by giving a four (4) weeks written notice to the other party and make payment to the other party, a sum amounting to one month's basic salary and his balance annual leave. 

with the clause above, can employer give the employee a written letter saying that he will be terminated with one month notice and last day is on xxx provide with the compensation of the employee require to get?

if not, does the employee need to come up with a proper procedure to terminate an employee?

thanks!

KL Siew
Administrator
Wed, 11 Oct 2017 04:02:18 PM

First, I think you can talk to him and offer him a package of compensation for him to leave amicably.

If not, you may terminate his service following the terms and condition of the contract like as you said giving one month notice plus annual leave balance payment. However, he still have the right to bring the matter up with the authorities for unfair dismissal.