m helping my friend who is the employer of this small advertising company. he wants to know
can the employer terminate staffs earning a salary of rm3000 based on this fact ie he doesnt have enough business to sustain the company, thats why we have to terminate the staffs.
how does he inform the staff
I think in the first place, the employer has to discuss the problems with the staff concerned and how to let him go. He will have to give the required notice and also discuss the matter of compensation. If the staff think that the termination is not reasonable, he has the right to claim for reinstatement under the Industrial Relations Act, that is to say asking to be given back his former job.
I would like to ask a few question.
1) If didn't turn up to work for 3 days, what will happen?
2) If notice is 2 months, i only work for 1 month, what will happen to my the other month if i dont wan to pay back and don't wan to work?
3) If get sue by the company, what will happen?
So far just this 3 questions, pls reply as soon as possible.
To HS Gan
1. As stated in Section 15(2) of the Employment Act, he is deemed to have broken the contract of service :
"(2) An employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer, unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence."
2. The employer can make a claim against you at the Labour Department or sue you in court.
3. The Labour Department or the court can order you to pay.