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Employee missing in action & we would considered him as 'self terminated'

snowflake
Member
Mon, 26 Nov 2012 10:48:34 AM  (Last updated: Mon, 26 Nov 2012 01:03:59 PM)

Hi,

I have one employee start not coming to office on 14/11/2012 half day in the afternoon.  He called my boss around 5pm on 14/11/2012 saying he is not feeling well & fell asleep, causing late in informing of his absent in the afternoon.

Then after that (15/11/12 onwards until today), he has not shown up in office, not giving medical cert and not informing of his absent.

We had sent show cause letter to him via registered mail on 20/11/2012 for his absent without any notice.  Until now he hasn't replied.

Under section 14A(2), he has deemed to terminated his service with the company by being absent from work for more that 2 consecutive working days.

I would like to know since he has not tendered resignation, will he still need to give 1 month notice?  If yes, when will be his last official day of  employment?  How many day of short notice has he incurred?

He still has 4 days annual leave balance.  Do we deduct his short notice from his annual leave balance since this is a misconduct already?

Appreciate for your early reply.

Many thanks.

KL Siew
Administrator
Mon, 26 Nov 2012 01:03:59 PM

Your company can make a claim of indemnity in lieu of notice for failing to give notice. Don't pay anything at the moment.

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