has noticed been served on you that you are fired?

has your employer indicated that they will not pay you the balance remaining notice period?

No, this is just a fictional scenario, as I am an employer lol.

One of my employees is leaving, and there is a 2 month notice. As that employee is currently abusing the MC system, I was wondering what I can do about that employee.

If he did not submit any documentation regarding the MC, then you can take action. With him submitting all the documentations, I doubt you can do anything about it, unless you get to find any fraud in his MC.

No limit on MC per year? I am wondering if the MC is claimable after you resign.

The thing about my company is that we trust and empower employees to make their own decision. Normally we don't require MCs for most cases, its based on trust. It's a small company afterall.

So now, I am actually in a predicament over this situation. By "taking action", what do you mean exactly?

Sometimes no matter how small is the company, SOP is SOP. Is better to implement than "trust" the employee. Not that we don't trust, but it's a standard procedure.

Take action as in ask for MC, then give the clinic a call. Since you think he is exploiting the loophole, you have the rights to do so.

Understood, thanks for the advice!

Anyway 1 more question, if I had fired that employee earlier, is it mandatory that he is entitled to that 3 months pay? His performance has never been very good from the beginning, and he is always late as well.

Couldn't we use that to justify the sacking? as in sacking with reason.

Bad performance, not up to par, bad in performing task, those are the possible reasons to use to void the 3 month pay lieu. As for lateness, I am not so sure.

Be sure you provide evidence along with those reasons when you present. Concrete and valid evidence it is.

Ok, thanks alot!

Performance is evaluated over a period of time and documented in writing. If you felt his/ her performance was poor then, why didn’t you sack him earlier and come out with all this funny moves to justify terminating him during a notice period?

Just wait out the notice period, instead of getting dragged into industrial court for pulling cheap tricks.

Whether company big or small, SOP is a must. If you rely on trust and something goes haywire be prepared to waste hours on documentation/explanations and worse going to tribunal/court.

Thanks Aurora, the thing is the employee has been given an opportunity many times to perform, and when I feel that his performance is not improving, I actually asked him to leave, instead of firing him directly.

However, now he is playing all these funny tricks, presumably because he is unhappy. I am also hesitant to ask him to provide me a copy of a valid MC, as this is not a requirement for the other staff. He might claim that this is discrimination or that I am 'targeting' him directly.

Do implement the proper procedure next month to save yourself some trouble. It is not a hassle to produce all these documentations, but is a must. Now you have learnt the lesson in the hard way. Employee will never think like employer. If they would think like you, they are their own boss now.

Thanks Aurora, the thing is the employee has been given an opportunity many times to perform, and when I feel that his performance is not improving, I actually asked him to leave, instead of firing him directly.

Is it documented that your gave him the opportunity and how would you know that he did or did not perform against a certain expectation?

You can’t just feel that a person isn’t performing, it must be measured against a tangible goal. For instance, to bring in RM 5 mil in sales.

Also, for your benefit and hope you don’t repeat the same mistake, asking a person whether directly or indirectly (this constitute constructive dismissal), if he quote you on that you may have an industrial court matter in your hands and potential a hole in your company’s pocket.

However, now he is playing all these funny tricks, presumably because he is unhappy. I am also hesitant to ask him to provide me a copy of a valid MC, as this is not a requirement for the other staff. He might claim that this is discrimination or that I am 'targeting' him directly.

Ha? You are not running a charity, times are so bad you can’t afford leakages like this.

Normally, company will ask for original MC, if company think it is fake then company will normally ask staff to extract medical record from clinic. If employee doesn’t want to give consent, the company will ask the employee to authorise company to extract medical record.

IF the employee doesn’t give, normally company will not reimburse medical claim and treat as no pay leave. To go further, some might lodge police report cause fake MC is a big thing nowadays.

But since you mentioned is not a requirement and you adopt different practice, if he bring to industrial court… again you can expect a lot of explaining to do and potentially a hole in your company’s pocket.

Set aside your personal “opinion”, focus on crafting an SOP for your company. There are other ways to build trust and empower people without using vagueness and assumptions. Take this mess as tuition fee and let it slide.

if you want a straight answer, this will normally be the Manager that you have been reporting to or assigned with. If you are in doubt, then the Head of HR will do.

If you want to structure a good reason why you want to depart early then consider this...

when you said that you can commit till mid April, did you know your semester will start on 29 March?

Imma tell HR to blacklist you

Since you already knew you will be leaving prior the internship ends, you better inform the HR now and submit the letter before this week. Give them some extra time to find replacement, if they need.

Normally how long can employer hold a probationary employee's salary after he/she resign due to short notice? 7Days? 1 month?

Notice was verbally stated 2 weeks but employee only give 1 week. No offer letter/confirmation letter was signed.

Guys,

I want to ask, let say you give resignation letter and it stated that you will resign on 31 March 2016.

But suddenly, you HOD ask you to leave earlier than the expected date you will resign.

Should I follow the expected date or follow the HOD instructions?

Ask for terms and conditions. Some want you to leave earlier cause don't want to pay you so much, like my company.

I resigned and hand in my letter on 12th Feb, the HR ask me boss to ask me leave earlier (deduct leave and everything, close to a week). But I insisted that I will work until the very last day, because I am hardworking like that. And I want more money!

This post has been edited by Belphegor: Mar 7 2016, 09:16 AM

Hye all, lets say if I have worked for Company A for a month. Then I get an offer for other job. What reason should I tell my boss if he asked why you took their offer in the first place?

better offer