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termination for prabationer

Yoyo  
Guest
Sat, 03 Mar 2007 08:57:30 AM  (Last updated: Tue, 06 Mar 2007 08:41:31 PM)

"AS FAR as terminating a probationer who is not performing is concerned, you must only terminate their services at the end of the probation period. Prior to terminating their services, you must also issue some warning informing the employee that he/she is not performing."

This is a article i read before, but i seek u advise on the determination the timing to informing the employee before the end of the probation period. 1) Let say the employment letter state that the termination notice by both party du

KL Siew
Administrator
Sat, 03 Mar 2007 09:41:03 AM

If you read Section 12 of the Employment Act, it says ".....may at any time....", which means not necessary at the end of the notice period. If a probationer commits serious offence, you just cannot wait until the end of the notice period to take action against him for if you do that, you may be condoning the offence. For normal cases like non-performance, you may give him warning letters to improve. Otherwise you give him notice (7 days or whatever as stated in the contract of service) that he or she has t

Yoyo
Guest
Sat, 03 Mar 2007 10:54:08 AM

Thanks Mr Siew.

But what u mentioned is comply to Labour law. But as i know IR not accept that. The article publish by a HR consultant that familiar with IR and advise about that to avoid the person lodge complaint to IR.

If a probationer commits serious offence, according to IR that must conduct Domestic Inquire and if found guilty can immediately dismiss. But I confused about non-performance, as u said you give him notice (7 days or whatever as stated in the contract of service) that he or she has to go for that reason. I think it is just fulfill the labour law but i heard from lawyer and who involved in IR case advised is as what the article said (have to wait till end of probation period) that 2 different bodies (labour office and IR) practising is really confused me. In factt, my company was sued by a probationer that he lodged to IR even he is non-performance and company terminated before the end of probation.

And the IR accepted the case and company involved in this complicated sue.

Thank you if u can share some more information/ opinion about IR.

KL Siew
Administrator
Sat, 03 Mar 2007 01:17:40 PM

I can only point out the law. As it is a law, it can be subjected to interpretation by various parties. Different lawyers may have different arguments depending on wich party they represent. You don't have to be so confused. In your case you can let the Industrial Court decide. If you are not happy with the Industrial Court's decision, you can appeal to the High Court and even go right up to the highest court in the country. That's how legal proceedings work.

yoyo
Guest
Tue, 06 Mar 2007 05:32:33 PM

TQ Mr Siew

I am getting confused bcoz as the head of HR, my boss absolutely blamed me on the matter. As he said that the law and regulation is clear and fair. Now the company involved in such HR sue, even he condemned me not qualify, not enough experiance and not advise him.

This make me really unconfident and many doubt about the Employment law that i studied previously and totally i believed what I did was right. But now, which body, document and who i should refer? anyway thank very much that u really help me a lot.

KL Siew
Administrator
Tue, 06 Mar 2007 08:41:31 PM

Being a subordinate, one should always have constant consultation with his superior. Seek their advice or opinion because at the end of the day he is the one answerable. This will save a lot of trouble with your superior. No point trying to find something to prove that you are right and the superior is wrong.

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