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Member
Hi,
Need some help for the company issue.
The company issued 1st warning letter to the staff due to his poor performance, and stated he will be review within the following 3 months times, after 1 months later, the management found that he really not suitable for the job, after the discussion, the staff accept to submit resignation letter, but his letter stated giving only with one week notice, ( actual employemnt agreement is 2 months notice).
The management agreed to release her earlier and pay her 2 months salary as a compensation, but then the management found that he intend to go to labour law ( but his salary above RM 1500) and mentioned that the company force him to resign, which in not the fact during the mutual agreement,
Pls advise asap :
1) is the company did the wrong way ?
2) can the staff sue the company by saying that the company force him to resign ?
3) the staff still left 10 days annual leave, can these 10 days annual leave to be contra off including Sun / Public Holiday ?
GY
Administrator
No a serious issue. When the company is requested by either the Labour Department or the Industrial Relations Department to attend a meeting, just attend and related what have been transpired before between the parties.
Member
thanks for your advise, still doubt for the issue coz the staff keep saying he is being forced to resign.
anyway, could you pls adv again for item (3) is the bal of annual leave include the Sun/Pub holiday if the company going to offset his last day,
eg, actual last day on 31 Aug, after offset his 10 days leave, is it his last day should be on 21 Aug ( including 2 sunday- 22/8 & 29/8 and 2 public holiday- 31/8 & 27/8) ? or should be 17/8, after taking in all the public holiday and sunday, which is actual to be contra more than 10 days ?
Administrator
You have no right to do that. If you want to let him off earlier, let him off 10 working days earlier or he is allowed to work until his last day, pay him 10 days annual leave pay.
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