RegisterLog In

Beach of Employment Contract

Meggy Yong
Member
Tue, 10 Apr 2018 11:30:23 AM  (Last updated: Wed, 11 Apr 2018 09:05:38 AM)

Dear Admin,

I've an employee who taking UNPAID LEAVE since 7/3/2018 (Thursday) until 9/4/2018 (Monday) and suppose to report work today, however, he has send us an email by stated Extension of Leave and content is 

"I’m currently still in Philippines to settle my gf issue and was unable to return to Malaysia to resume my duty and there is uncertainty that maybe I will migrate to Philippines instead of settled down in Malaysia. Please help to inform the management about this"

Before, he apply unpaid leave, he was given a letter of resignation and Director rejected his letter.  Reason he said that he need to go Philippines for his marriage that the reason he need resigned.  Therefore, my director granted him an unpaid allow him to settle his matter and then report to work as normal.

But according to reliable source that this employee was taking the UNPAID for working in another company.  Now, he email us with this above statement, I just want to confirm can Company terminated him? Or we need to give him another notice in order for him to return to work? Within this notice, if he still not report or reply, then we proceed for termination?Also, if he’s working with another company during the period of unpaid, is that breach of contract of employment? What action company can do?

Thank you.

KL Siew
Administrator
Tue, 10 Apr 2018 04:14:53 PM

Your company should make up their mind whether they still need him or not. Since he is uncertain of returning to Malaysia, just tell him his service is terminated as you cannot wait for him indefinitely.

Meggy Yong
Member
Tue, 10 Apr 2018 07:12:26 PM
Originally posted by KL Siew on Tue, 10 Apr 2018 04:14:53 PM

Your company should make up their mind whether they still need him or not. Since he is uncertain of returning to Malaysia, just tell him his service is terminated as you cannot wait for him indefinitely.

Dear Siew,

If immediately company can issue a termination letter then we shall do it without further thoughts.  Only we wanna make sure there is no against the employment law.

Thanks!

KL Siew
Administrator
Wed, 11 Apr 2018 09:05:38 AM

OK, if you like to think twice, why not give him a final definite date to report back for work and tell him if he failed to do so, he would be deemed to have terminated his contract of service with the company.

  This topic is closed