Good day to you.
We have a worker service 6 years in company with salary RM3800, she never receive any warning letter for frequent late coming in and early going out in pass few year. Now a day we had found out she is doing freelance with other company.
I would like to clarify the following:-
Q1. The company has a right to terminate the employment contract immediately by compensate 1 month salary in lieu of notice for this staff.
Q2. If not, kindly advice for the necessary action and compensation due to company?
Q3. If she sue us by labour law that descript we are unreasonable to terminate her, as the case, our action is it against labour law and will the company get blacklist?
Thank you in advance.
If you have concrete evidence that she doing freelance for another company, you can take action against her. You must first conduct a domestic inquiry so that you can produce evidence against her and she will have a chance to defend herself of your allegations. If she is found guilty in the DI, then you may take action including dismissal. This is the only safe way. You better consult a lawyer how to go about it.
regarding this case, if the employment contract didn't clearly stated that the employee restricted from doing freelance with other company it means the company allow so?
Our friend CJ doesn't seem to think so. Better for him to consult a lawyer. To me personally, I tend to think it is a conflict of interests.