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HRSINGAPORE
Termination Due to AWOL - Update 1

Dear All,

We have an  employee who joined the company on 6 Mar and did not report to work on the 3rd day. He called in to say he need to settle some children issue and will report work the next day. However, on the 4th day, he called in again to inform that he has not settle his issue, promising that he will definitely report wok on the following Monday. We decided to give him a chance.

A week later, he came back to demand for his 2 days salary and provided his MC on unfit to work duties dated last year November 2016 and is on long term medication (his job application form stated no previous medical condition).

Due to empathy, we offered to waive off his notice period and terminate his service, but the company might need to recover 10 days of unpaid leave from him. We offered to propose to the management in offsetting the balance after deducting his 2 days pay to pay off the unpaid leaves he owe. To our dismay, he mention that he will seek MP to recover the salary from us. Please advise on how to react on the above case.

Yvonne

 

Reply 1

On your email you mentioned this employee only worked 2 days thereafter disappear without reasonable ground. And he came back to demand for his 2-day pay.

You also said that company prepare to waive off notice period therefore why is there a no-pay leave ? Cannot understand.

Well, employer has the right to terminate him due to:
- absence for more than 2-days without good reason
- telling lies of giving nonsense excuses
- failed to disclose past medical history

You may start preparing letter stating the incident clearly and finally action taken by company then send to MOM. It is good to put a record with MOM, also to protect the company. In the event the worker go to MOM, the officer can be 3rd party to explain to him his wrong doing.

Season

 

REPLY 2

Please tell him to go ahead and do that. Don't let him use this sort of threat. Because if he genuinely did AWOL for more than 2 working days you have the right to terminate
his employment and recover salary in lieu of notice. Be firm or else he will continue doing this with his future employers as well.

Lula

 

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