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Termination of Staff under Probation Period

Noorliza Sudin
Member
Sat, 29 May 2010 04:53:19 PM  (Last updated: Sun, 30 May 2010 02:48:20 PM)

 Dear Administrator,

is it proper to terminate a staff which is the probation period is from 6 months - 12 months but company decided to terminate after 3 months of probation period.

What is the proper guideline to terminate the staff which shows poor performance?

Your reply is most appreciated

KL Siew
Administrator
Sat, 29 May 2010 09:12:38 PM

You can of course terminate the service of a staff by giving the necessary notice or payment of indemnity in lieu of notice. But you must a valid reasons to terminate a staff even under probation. The staff has the right to complain if the termination is unfair.

Noorliza Sudin
Member
Sun, 30 May 2010 08:39:36 AM

 Dear Administrator,

Thank you for the reply.

A few question :

1. Should we mention the reason to terminate in the letter?

2. Should we place the calculation of indemnity in lieu? Is the staff under probation entitled for the termination benefits?

3. The termination is due to the misconduct, may we proceed with termination without giving the warning or show cause letter?

KL Siew
Administrator
Sun, 30 May 2010 02:48:20 PM

In all such cases, I think it would be better to give a chance for the employee to explain themselves. In this regard, hold a domestic inquiry and then decide what to do with him. Read up section 14 of the Employment Act on holding inquiry and the Employment(Termination and Layoff Benefits)Regulations about payment of termination benefits.

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