There are only 3 Reasons to TERMINATE Employees.

There are only 3 grounds / reason to terminate employees:-

1- Poor Performance

2- Misconduct

3- Company Financial Issue

Termination Due to Misconduct A-      Aduan à Investigate à Documented S-  Siasat à Show Cause Letter A - Amaran S – Surat Penamatan Must follow these steps:-       1-      Received complaint à Investigate à Documented.       2-      Show-Cause Letter (Date, Time, Location, Offence, Which clause breached?)       3-      Suspension (Don’t  suspend more than 3 month otherwise employee may filed CD)      4-      Warning Letter or      5-      Termination / Dismissal

Termination Due to Poor Performance P – Penilaian / Assessment A - AMaran S – Second Chance / Peluang Kedua T – Termination (if no improvement) I - Intention Must follow these steps:-      1-      Evaluation must be done – documented      2-      Warning given      3-      Opportunity given to improve himself (PIP)      4-      No improvement - Termination      5-      Intention – if the employee filed case to IR court, employer has to proof that they had given ample time and effort to help the staff to improve himself but still no improvement. Foot Note: Please ensure that the staff evaluated with low marks in his performance appraisal and did not entitle for bonus.

Termination Due to Company Financial Must follow these steps:-       1-      Taken every consideration before retrenchment such as, cut OT, cut entertainment expenses, cut other cost first.      2-      Get external auditor to prepare financial audit statement – proven company facing loss.     3-      Then only can terminate staff with….. Notice in lieu + Termination and lay off benefits.

What is CD (Constructive Dismissal)?       1-      Salary Reduction & Demotion       2-      Immediate Transfer without notice       3-      Any action which lessen his benefits or breech Terms and condition in Offer Letter.       4-      Gold Storage?? As long as no salary reduction, hardly for employee to win case for cold storage.

When you talk about RECRUITMENT, remember:-

Slow in HIRING 

Choose candidate with SMART criteria:-

S- Skills

M-Mentality

A- Attitude

R- Result /Achievement

T- Technology

Fast in FIRING

Do no wait to take action. Otherwise it deemed as condonation, irrelevant & mala-fide

Lets learn new terms...

Ignoratia Juris Non Excusat	Ignorance of Law, No Excuse to Everyone
Nemo Judex In Causa Sua	no-one should be a judge in his own case (un-bias party)
Audi Alterem Partem	listen to the other side (right to be heard)
Termination Simpliciter	Terminated due to act/ clause say so – not applied in Malaysia.