HRSINGAPORE Community Discussions
Terminating Employee with Unsatisfactory Work Performance
Would like to ask if we terminate an employee by giving notice but during the notice period, the employee's performance is poor and unsatisfactory, can we ask him to leave immediately?
If we do, do we need to pay salary-in-lieu?
We are in the service industry and cannot afford to have an with employee with poor and unsatisfactory work performance.
REPLIES & COMMENTS
In the case of early termination, you would have to pay salary in lieu of short notice to the employee. However, you may advise the employee that Singapore is a small country and that it is in his/her best interest to leave properly given that employers do conduct employment reference checks with each other.
Yes, your company has to pay for the salary in lieu. Usually our company will pay salary in lieu instead of notice because the employee’s morale is low and definitely affect his/her work performance.
You may need to have records to prove that you have given several warning letters to the said employee and no improvement made before termination. This is particular for those cover by Employment Act. If the employee feel of unfair dismissal, they may seek MOM for help. It is best.
If the inquiry establishes as a case of misconduct, the employer may terminate employment without notice, and no salary in lieu of notice need to be paid.
Yes normally a good practice is that companies would like to pay the employee in lieu of balance notice period to close the employment contract on an amicable note.