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Termination Of Bad Sales Performance

Wed, 08 Oct 2014 08:22:04 PM  (Last updated: Wed, 29 Oct 2014 08:50:04 AM)

Dear Ms. Siew,

i follow the Offer we have issued to Sales Executive early. Sales Executive must hit the target in 3 unit per month or 9 unit in per quoter and he agree sing on the offer letter.

Even he Bad Sales Performance but we still give him chance, after we give the employee chance for another quoter ( 2 quoter ; Jan - June 2014 ) but he still fail to do that. he attach with us 24 years.

i base in Offer letter cross to terminate him and pay according he salary and all commission.

Today i received the letter from JTK ask for Termination Benefit   for 24 years service and 8 weeks Gaji Ganti.

Can the employee claim on us ? basic on which Section ?

Note : Sales Executive Basic pay RM 900.00 per month

Thank you & regards,


KL Siew
Thu, 09 Oct 2014 08:58:17 AM

Yes, he can claim termination and layoff benefit from you. Refer to the Employment(Termination and Layoff Benefits) Regulations for details.

Wed, 29 Oct 2014 08:50:04 AM

4. (1) Subject to paragraphs (2), (3) and (4), an employee shall be entitled to termination benefits payment where his contract of service is terminated for any reason whatsoever otherwise than -

(b) by the employer, on the grounds of misconduct inconsistent with the fulfilment of the express or implied condition of his service, after due inquiry.

Dear Siew,

but our company PnP, Bad Sales Performance is under misconduct.

do we still need pay him?


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