Dear all,
My company has terminated 3 unconfirmed staff due to non-performance and misuse of working hours for personal matters, such as surfing the internet (YouTube, TripAdvisor, Facebook, etc.). We have paid them according to the terms of their appointment letter on their last working day. However, they have gone to the IR department to sue the company for this termination. Can anyone advise me if we missed any procedures before terminating the staff?
The staff had been with the company for 6 to 9 months, but none of them had met the sales targets set by the company, yet they used working hours to surf the internet.
Thank you for your advice.
From Malaysia, Taman Bukit Skudai
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My company has terminated 3 unconfirmed staff due to non-performance and misuse of working hours for personal matters, such as surfing the internet (YouTube, TripAdvisor, Facebook, etc.). We have paid them according to the terms of their appointment letter on their last working day. However, they have gone to the IR department to sue the company for this termination. Can anyone advise me if we missed any procedures before terminating the staff?
The staff had been with the company for 6 to 9 months, but none of them had met the sales targets set by the company, yet they used working hours to surf the internet.
Thank you for your advice.
From Malaysia, Taman Bukit Skudai
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Jasmine,
Though they were not confirmed, you need to check the terms and conditions as per the appointment letter. Also, you need to give at least 3 warnings (in writing) to provide a chance to improve their performance. If all these things are followed, you may take action when required. Instead, if you have asked for voluntary resignation from the employee, it would not lead you to this situation.
From India, Ahmadabad
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47Though they were not confirmed, you need to check the terms and conditions as per the appointment letter. Also, you need to give at least 3 warnings (in writing) to provide a chance to improve their performance. If all these things are followed, you may take action when required. Instead, if you have asked for voluntary resignation from the employee, it would not lead you to this situation.
From India, Ahmadabad
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The answer to your questions depends on the terms provided in the appointment letter, as well as the size and nature of your organization and other matters like whether standing orders are applicable to you. Please provide full details, as each aspect affects the replies members will give you.
From India, Mumbai
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From India, Mumbai
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Thank you, MRugen and Nathrao, for your advice.
My company was terminating them based on the clause to pay them back following the notice as per the appointment letter. However, I admit that maybe we did something that was not so appropriate by not giving them any warning letter before terminating them. However, we had given them many chances by extending from 3 months to 6 months or even 9 months. Therefore, may I know if it is a MUST to give a warning letter before terminating an unconfirmed staff?
Thank you.
From Malaysia, Taman Bukit Skudai
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My company was terminating them based on the clause to pay them back following the notice as per the appointment letter. However, I admit that maybe we did something that was not so appropriate by not giving them any warning letter before terminating them. However, we had given them many chances by extending from 3 months to 6 months or even 9 months. Therefore, may I know if it is a MUST to give a warning letter before terminating an unconfirmed staff?
Thank you.
From Malaysia, Taman Bukit Skudai
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Agreed with Mr. Nathrao. Have you mentioned in the extension letter that due to unsatisfactory performance, your probation period is extended from 3 months to 6 months and later on to 9 months? Is there any clause mentioned in the extension letter that after the 3rd extension, if you are unable to meet the company's expectations, you may be terminated? If it is there and signed by the employee, you may terminate without giving any additional warning letter.
From India, Ahmadabad
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From India, Ahmadabad
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Employee Performance.pdf
Performance Appraisal Form for Staff.doc