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Termination

May
Member
Mon, 12 Aug 2019 10:20:54 AM  (Last updated: Tue, 20 Aug 2019 10:51:59 AM)
Hi, May I know the rates for termination fee we need to pay to employee if company terminate them during probation and after confirmation? Do we need 3 warning letters to terminate a employee which is in probation?
KL Siew
Administrator
Mon, 12 Aug 2019 01:46:29 PM

1. If there is nothing mentioned in the appointment letter aout notice period for termination of service,   the notice period is one month or you can pay one month salary as compensation if you terminate the employee without giving notice.

2. For terminating any employee whether under probation or otherwise, there much be good reasons for wanting to do that.

May
Member
Tue, 13 Aug 2019 02:08:56 PM
Originally posted by KL Siew on Mon, 12 Aug 2019 01:46:29 PM

1. If there is nothing mentioned in the appointment letter aout notice period for termination of service,   the notice period is one month or you can pay one month salary as compensation if you terminate the employee without giving notice.

2. For terminating any employee whether under probation or otherwise, there much be good reasons for wanting to do that.

1. We did mentioned on appointment letter saying if we terminate him/her, we need to give notice for 2 months or 1 month salary. As I remember there is extra compensation fee we need to pay right?2. Is it compulsory for us to give out 3 warning letters before we terminate an employee? For more strong reasons?
KL Siew
Administrator
Tue, 13 Aug 2019 04:57:06 PM

If she has made mistakes, you can giving her warnings. If the mistakes have something to do with her work, you should first give her advice and guidance. Anyway, do bear in mind she has the right to bring the matter up with the Labour Department or the Industrial Relations Department if she is not satisfied with the employer's discision for sacking her for whatever reasons.

mdkamil
Contributor
Wed, 14 Aug 2019 07:03:33 PM
Originally posted by May on Tue, 13 Aug 2019 02:08:56 PM
1. We did mentioned on appointment letter saying if we terminate him/her, we need to give notice for 2 months or 1 month salary. As I remember there is extra compensation fee we need to pay right?2. Is it compulsory for us to give out 3 warning letters before we terminate an employee? For more strong reasons?

Please be informed that termination simpliciter (meaning termination without reasons but just based on the termination notice period) is not executable by the employer.

All decision to terminate an employee must be with justified reasons. The principle of natural justice must be in place whenever there is a possibility that an employee has committed a gross offence that warrants a dismissal. A warning cannot be given merely by the reason that an employer believes the employee has committed an offence. The employee must be informed about the offence, and be given an opportunity to answer in defense. If the answer is found unreasonable and unacceptable, then only the employer can give a warning (or take more serious action if the offence is severe). There is no rule whether to give 1 warning or 3 warnings. It is all depending on the severity of the offence, and that the employee is given a chance to defend himself/herself.

May
Member
Thu, 15 Aug 2019 09:36:56 AM
Originally posted by KL Siew on Tue, 13 Aug 2019 04:57:06 PM

If she has made mistakes, you can giving her warnings. If the mistakes have something to do with her work, you should first give her advice and guidance. Anyway, do bear in mind she has the right to bring the matter up with the Labour Department or the Industrial Relations Department if she is not satisfied with the employer's discision for sacking her for whatever reasons.

I see, is there extra compensation fee we need to pay if we terminate an employee, besides one month salary?
May
Member
Thu, 15 Aug 2019 09:37:36 AM
Originally posted by mdkamil on Wed, 14 Aug 2019 07:03:33 PM

Please be informed that termination simpliciter (meaning termination without reasons but just based on the termination notice period) is not executable by the employer.

All decision to terminate an employee must be with justified reasons. The principle of natural justice must be in place whenever there is a possibility that an employee has committed a gross offence that warrants a dismissal. A warning cannot be given merely by the reason that an employer believes the employee has committed an offence. The employee must be informed about the offence, and be given an opportunity to answer in defense. If the answer is found unreasonable and unacceptable, then only the employer can give a warning (or take more serious action if the offence is severe). There is no rule whether to give 1 warning or 3 warnings. It is all depending on the severity of the offence, and that the employee is given a chance to defend himself/herself.

Hi, thanks for your kind reply, I will take note about this. Usually we have verbal warning, then only warning 1, warning 2.
mdkamil
Contributor
Thu, 15 Aug 2019 11:53:23 AM
Originally posted by May on Thu, 15 Aug 2019 09:36:56 AM
I see, is there extra compensation fee we need to pay if we terminate an employee, besides one month salary?

It depends on the reason for termination.

If it is a dismissal on the ground of guilty of misconduct, there is no notice pay & other compensation.

If it is a retrenchment due to redundancy or reorganisation, the employer must also pay the termination benefits in accordance to the regulation in the Employment Act.

mdkamil
Contributor
Thu, 15 Aug 2019 11:55:23 AM
Originally posted by May on Thu, 15 Aug 2019 09:37:36 AM
Hi, thanks for your kind reply, I will take note about this. Usually we have verbal warning, then only warning 1, warning 2.

This is a good practice. Make sure to have a proper documented record for the warnings. Even Verbal Warning need to be documented.

May
Member
Thu, 15 Aug 2019 03:31:59 PM
Originally posted by mdkamil on Thu, 15 Aug 2019 11:53:23 AM

It depends on the reason for termination.

If it is a dismissal on the ground of guilty of misconduct, there is no notice pay & other compensation.

If it is a retrenchment due to redundancy or reorganisation, the employer must also pay the termination benefits in accordance to the regulation in the Employment Act.

If it is a dismissal on the ground of guilty of misconduct, meaning we do not have to pay them any cents even we written on appointment letter saying any party who terminate need to pay 1 month salary?
KL Siew
Administrator
Thu, 15 Aug 2019 06:16:32 PM

Yes, no need if found guilty of misconduct after  due inquiry was carried out as stated in section 14 of the Employment Act.

May
Member
Tue, 20 Aug 2019 09:25:06 AM
Originally posted by KL Siew on Thu, 15 Aug 2019 06:16:32 PM

Yes, no need if found guilty of misconduct after  due inquiry was carried out as stated in section 14 of the Employment Act.

I see, thank you. May I know where to refer for the compensation fee?
KL Siew
Administrator
Tue, 20 Aug 2019 10:51:59 AM

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