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Suspension Letter & Show cause Letter

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asked on Jan 17, 2014 at 05:21
by   rebeka
Hi ,

If employee being transfer to subsi without formally informed of the working hour . Employee therefore following the working hour verbally agreed by the Primary transferee company .

Can the Subsi then issue Suspension Letter & Show cause Letter & Domestic Inquiry ?

May I know of the following :

Can I use tape recorder during Domestic Enquiry ?

So far No Warning letter prior to the issue of LOD by me due to the long outstanding claims, can employer issue Show Cause letter or Domestic Inquiry directly ?

How to construct the constructive dismissal letter ?

Employer can suspended employee's half pay  before the conduct of domestic inquiry ? Not After the panel hearing that management can imposed that ?

Would like to seek yr advice as to what reason the employer can suspend employee's salary & conduct domestic enquiry ?

Thanks
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6 Answers

answered on Jan 21, 2014 at 03:09
by   arun1011
1. Yes you can use tape recorder during the inquiry.

2. Employer can issue show cause or DI notice to you directly without any prior warning letter.

3. Suspension of half pay salary only applicable to those under the scope of the Employment Act 1955, ie, those earning less than RM 2,000. Those not covered under the employment act, the Company cannot impose half pay.

4.Employer can suspend an employee and hold a domestic inquiry in respect of any misconduct alleged to have been committed by an employee.
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answered on Feb 5, 2014 at 21:36
by   rebeka
Thx ..

3. Suspension of half pay salary only applicable to those under the scope of the Employment Act 1955, ie, those earning less than RM 2,000. Those not covered under the employment act, the Company cannot impose half pay
>> That means for those earning more than RM2k , employer cann't impose suspension of half pay , has to pay full ?
>>Is it employer's wrongful act if it states this imposement for those earning more than RM 2k on the suspension & show cause letter asking to attend domestic inquiry ?

A)>>Employer refused to give a copy of the minutes of DI if employee not signing on the minutes on the DI day itself . Is this reasonable ?
  >>Cann't employee bring back the copy & revert later ?
  >>How can the employee get a copy of the minnutes of DI then ?

B)>>1 day after the DI ,HR sent email mentioning employee found guilty on DI & ask to hand over things .But didn't give official dismissal letter & effective date , what can the employee do now ?

C)>>In this dismissal , employee don't have to serve notice of termination ?
  >>Is employee then entitle to claim for annual leave payback ?
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answered on Feb 5, 2014 at 21:40
by   rebeka
Thx ..

3. Suspension of half pay salary only applicable to those under the scope of the Employment Act 1955, ie, those earning less than RM 2,000. Those not covered under the employment act, the Company cannot impose half pay
>> That means for those earning more than RM2k , employer cann't impose suspension of half pay , has to pay full ?
>>Is it employer's wrongful act if it states this imposement for those earning more than RM 2k on the suspension & show cause letter asking to attend domestic inquiry ?

A)>>Employer refused to give a copy of the minutes of DI if employee not signing on the minutes on the DI day itself . Is this reasonable ?
  >>Cann't employee bring back the copy & revert later ?
  >>How can the employee get a copy of the minnutes of DI then ?

B)>>1 day after the DI ,HR sent email mentioning employee found guilty on DI & ask to hand over things .But didn't give official dismissal letter & effective date , what can the employee do now ?

C)>>In this dismissal , employee don't have to serve notice of termination ?
  >>Is employee then entitle to claim for annual leave payback ?
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answered on Feb 6, 2014 at 03:35
by   arun1011
1. Yes, employer cannot impose half pay salary if your not covered under the Employment Act. However employer has the right to issue you show cause and notice to attend DI.

2. If employer refuse to give you the DI notes for you to confirm accuracy, then your entitled not to sign it.

3. You can write to the employer to clarify your status, ie if your dismissed.

4.No, if employer dismiss you for misconduct, there is no need to pay termination notice or annual leave.
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answered on Feb 6, 2014 at 20:27
by   rebeka
Thx ...
1) "employer cannot impose half pay salary if your not covered under the Employment Act. However employer has the right to issue you show cause and notice to attend DI"
( a ) employer has to pay full instead of half pay salary ?
( b ) Is it employer's wrongful act if it states this imposement on suspension & show cause letter ?

2)"If employer refuse to give you the DI notes for you to confirm accuracy, then your entitled not to sign it"
( a ) Employer refused to give a copy of the minutes of DI if employee not signing on the minutes on the DI day itself . Is this reasonable ?
( b ) Cann't employee bring back the copy & revert later ?
( c ) How can the employee get a copy of the minnutes of DI then ? Can employee earning above RM5k mke a complint to Labour Office on
     ( i ) non-availability of minutes of DI ?
     ( ii ) non-payment of balance salary due 3 days after dismissal ?

3) Since there's no official dismissal letter & effective date , how should this be categories ?
( a ) Termintion or Constructive Dismissal ?
( b ) What & How the employee react on this ?

4)"No, if employer dismiss you for misconduct, there is no need to pay termination notice or annual leave"
( a ) means my utilisiled annual leave being burnt ?
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answered on Feb 6, 2014 at 20:27
by   rebeka
Thx ...
Thx ...
1) "employer cannot impose half pay salary if your not covered under the Employment Act. However employer has the right to issue you show cause and notice to attend DI"
( a ) employer has to pay full instead of half pay salary ?
( b ) Is it employer's wrongful act if it states this imposement on suspension & show cause letter ?

2)"If employer refuse to give you the DI notes for you to confirm accuracy, then your entitled not to sign it"
( a ) Employer refused to give a copy of the minutes of DI if employee not signing on the minutes on the DI day itself . Is this reasonable ?
( b ) Cann't employee bring back the copy & revert later ?
( c ) How can the employee get a copy of the minnutes of DI then ? Can employee earning above RM5k mke a complint to Labour Office on
     ( i ) non-availability of minutes of DI ?
     ( ii ) non-payment of balance salary due 3 days after dismissal ?

3) Since there's no official dismissal letter & effective date , how should this be categories ?
( a ) Termintion or Constructive Dismissal ?
( b ) What & How the employee react on this ?

4)"No, if employer dismiss you for misconduct, there is no need to pay termination notice or annual leave"
( a ) means my utilisiled annual leave being burnt ?
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