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Termination process for Contract Employee

gnet81
Member
Thu, 22 Feb 2018 03:59:35 PM  (Last updated: Fri, 23 Feb 2018 04:26:49 PM)

Hello Siew,

We have a Malaysian employee who is a key management employee with 1 year contract period (from 1st June 2017 until June 2018), stationed at Bangladesh for special project. However, due to his unsatisfactory performance, top management is considering to terminate him before the end of his contract. I understand that we need to do below:

  1. counselling & appraisal
  2. 3 warning letters (Please advise if must to be issued on the same matter)
  3. Domestic inquiry for investigation
  4. Termination letter with 4 weeks’ notice for employment less than 2 years.

1) Can warning letters issue under different issues, how long is the gap from 1st - 2nd - final warning? Must we issue 3 letters? 

2) By the time we issue 3 letters, his contract period is due. What can we do?

3) Since he is a contract staff, can we fasten the termination process? if yes, how?

Thanking in advance.

KL Siew
Administrator
Fri, 23 Feb 2018 09:46:35 AM

1. What is the notice period for termination of service stated in the letter?

2. Is there any penalty/compensation for early termination of contract stated in the contract?

gnet81
Member
Fri, 23 Feb 2018 03:46:09 PM
Originally posted by KL Siew on Fri, 23 Feb 2018 09:46:35 AM

1. What is the notice period for termination of service stated in the letter?

2. Is there any penalty/compensation for early termination of contract stated in the contract?

Hi Siew,
None of No. 1 & 2 stated in his offer letter.
 

KL Siew
Administrator
Fri, 23 Feb 2018 04:26:49 PM

I don't know if you terminate his service now, he may file a law suit against the company. To avoid legal complication, I think it is better to let him carry on until the contract expires. However, consult your company lawyer if you really need to get rid of him.

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