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Can an employee refuse to sign the warning letter?

Jxxxy
Member
Fri, 27 Apr 2018 03:07:41 PM  (Last updated: Mon, 28 May 2018 05:17:21 PM)


Hi KL Siew, 

Situation:
We have an employee already worked in my company for two years but everyday missing in action,  working hours is 8.30 to 5.30 but he always came to work at 10am then will leave office around 4pm. Punctuality is very bad. Have told him verbally please be punctual for a few times but still the same.  Thus,  we decided to issue him a warning letter but he refuse to sign. 

Below is my question:
1. Can we just issue him the warning letter without his acknowledge signature? 
2. Will he sue my company if he didn't sign? 

Problem facing now: We didn't do record of date and time he missing in action as we keep giving him chances to be punctual.  In this case,  can we still issue him the warning letter? 

Appreciated your help as soon as possible.  Called several times to labour department but no one pick up phone :(
Seek for your help. 

Thankyou in advance! 

Jxxxy
Member
Thu, 03 May 2018 11:37:58 AM

Hi Team,

Any update on this above matter?

Thanks :)

zokxxi
Member
Thu, 03 May 2018 09:40:44 PM

I have same issue with you, Jenny!

One of my employees has worked with us for like 5 years and above, his attitude & performance in our office are very bad and often disobeying instructions from Boss.

We had issued 2-3 warning letters to him for past years but he always refused to sign & even ask her sister to argue with us. He even threaten us that he has lawyer :/

My boss recently had decided to issue a warning letter later which mentioned that if he's still refuse to give corporation & keep on not following instructions from Boss, his basic salary will decrease from 1,750 to 1,500. We have met another issue is he didn't have any appointment letter as former account didn't issue any letter to him.

Is it correct to do like this? Or I need to issue at least 3 warning letters only can deduct his salary?

For the appointment letter, is it possible to issue now?

Thanks for ur attention!

Chinoz
Member
Fri, 04 May 2018 12:23:39 PM

Hi Jenny,

Before issuing warning letter, issue show cause letter first and attach together evidence. In case, he brought the issue you can produce the evidence instead verbal only.

If he do not sign the letter, try other medium. Like Email or phone or you can bring other witnesses to sign the letter to show that you had give the letter to him but not signed.

Jxxxy
Member
Fri, 04 May 2018 02:21:27 PM
Originally posted by Chinoz on Fri, 04 May 2018 12:23:39 PM

Hi Jenny,

Before issuing warning letter, issue show cause letter first and attach together evidence. In case, he brought the issue you can produce the evidence instead verbal only.

If he do not sign the letter, try other medium. Like Email or phone or you can bring other witnesses to sign the letter to show that you had give the letter to him but not signed.

Hi Chinoz,

Thanks for the reply.

However, my boss is very mad now and insist to issue him a warning letter directly instead of issue other letters first. But this time, we will mention in the letter that he refuses to sign the warning letter which we have issued it to him previously. Is it possible we can do this?

Thanks :)

Jxxxy
Member
Fri, 04 May 2018 02:29:23 PM
Originally posted by zokxxi on Thu, 03 May 2018 09:40:44 PM

I have same issue with you, Jenny!

One of my employees has worked with us for like 5 years and above, his attitude & performance in our office are very bad and often disobeying instructions from Boss.

We had issued 2-3 warning letters to him for past years but he always refused to sign & even ask her sister to argue with us. He even threaten us that he has lawyer :/

My boss recently had decided to issue a warning letter later which mentioned that if he's still refuse to give corporation & keep on not following instructions from Boss, his basic salary will decrease from 1,750 to 1,500. We have met another issue is he didn't have any appointment letter as former account didn't issue any letter to him.

Is it correct to do like this? Or I need to issue at least 3 warning letters only can deduct his salary?

For the appointment letter, is it possible to issue now?

Thanks for ur attention!

Hi zokxxi,

Sorry to hear that you're facing the similar issue with me right now. This kind of case is quite troublesome...

We really need someone to assist us which is the correct ways and steps to issue the warning letter/ terminate the employee...etc.

Hope there is an expert here who can help. 

Chinoz
Member
Fri, 04 May 2018 02:43:43 PM

Hi Jenny,

To have proper procedures will give you advantage in case the employee take it to the court. You issue show cause letter with evidence >>> employee reply >>> the reply not satisfying >>> warning letter. After 3 time he still do the offense, he can be terminate as you already give him enough chance.

Jxxxy
Member
Fri, 04 May 2018 02:46:58 PM
Originally posted by Chinoz on Fri, 04 May 2018 02:43:43 PM

Hi Jenny,

To have proper procedures will give you advantage in case the employee take it to the court. You issue show cause letter with evidence >>> employee reply >>> the reply not satisfying >>> warning letter. After 3 time he still do the offense, he can be terminate as you already give him enough chance.

Hi Chinoz,

Which mean we're not able to issue him a warning letter as ''final warning letter'' and then straight away terminate him if he still repeats the mistake? Must issue all 3 warning letter first?

Chinoz
Member
Fri, 04 May 2018 02:59:56 PM

Hi Jenny,

You can terminate him IF you can prove that the offense cost significant damage to the company. You need at least to show that the company have exhaust all appropriate action like give him chance, give him reminder, give him warning etc before terminate him.

You can give a call to IRD to get better opinion on the matter.

Jxxxy
Member
Mon, 28 May 2018 05:17:21 PM
Originally posted by Chinoz on Fri, 04 May 2018 02:59:56 PM

Hi Jenny,

You can terminate him IF you can prove that the offense cost significant damage to the company. You need at least to show that the company have exhaust all appropriate action like give him chance, give him reminder, give him warning etc before terminate him.

You can give a call to IRD to get better opinion on the matter.

Hi Chinoz,

Noted on above.

Thanks for the advise :)

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