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Resignation Handbook, Revamp in progress 240614
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Shinka
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Feb 24 2016, 11:37 AM
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Hey all, is it possible to get fired once you have tendered your resignation letter?
For example, let say notice period is 3 months, does the employer have the right to fire you during the notice period?
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Shinka
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Feb 24 2016, 01:55 PM
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QUOTE(aurora97 @ Feb 24 2016, 01:33 PM) Normally, if employer fire a staff he has to pay 3mth salary in lieu of notice. In this case, u got asked to leave early during ur notice period. Employers sometime do it especially for a person everyday just come in office stare at ceiling..why pay salary blindly? Now the question is... If u fire me, I get 3mths salary. If I tender n u terminate me early, do I get balance remaining month salary? Yeah I'm not too sure on that too. I think if you tender or got fired during the notice period, the employer is still responsible for paying you the balance. Anyone can give further advice? lol
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Shinka
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Feb 24 2016, 02:22 PM
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QUOTE(aurora97 @ Feb 24 2016, 02:10 PM) 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.
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Shinka
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Feb 24 2016, 03:02 PM
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QUOTE(Belphegor @ Feb 24 2016, 02:35 PM) 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?
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Shinka
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Feb 24 2016, 03:21 PM
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QUOTE(Belphegor @ Feb 24 2016, 03:14 PM) 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.
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Shinka
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Feb 24 2016, 03:27 PM
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QUOTE(Belphegor @ Feb 24 2016, 03:23 PM) 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!
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Shinka
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Feb 24 2016, 03:36 PM
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QUOTE(aurora97 @ Feb 24 2016, 03:28 PM) 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.
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