QUESTION

Dear All,

If our organisation suspects that one of our staff has a misconduct and may need to terminate him, what are the procedures / processes leading to the final termination?

If he is found guilty of the misconduct, can we terminate him immediately (the notice period of termination of contract is 2 months)? Do we need to pay him the 2 months notice-in-lieu if we terminate him immediately?

Thank you.

Marie

REPLIES & COMMENTS

REPLY 1

Based on MOM, if he is found guilty of misconduct, you can terminate your service without notice and no salary in lieu of notice will be paid. For more information: http://www.mom.gov.sg/employment-practices/termination-of-employment/termination-due-to-misconduct

TZ

REPLY 2

For gross misconduct you can dismiss the employee immediately. No need in lieu of notice or any compensation. Even his or her leave entitlement can be forfeited on the ground of misconduct. However, please ensure you have proof of the misconduct.

Sam

REPLY 3

For termination, you need to follow the contract (2-months notice). However, if said employee has committed serious offence or misconduct, I suggest the management call him down to talk to him & advise him for written voluntarily resignation and to take immediate effect which must mutually agree by both parties. The Mgt needs to point out the seriousness of his act which I am not able to comment on that.

Season