Question 1:
An employee in my company has been issued several
warning letters for reporting late at work. Even after the
warnings, he continues to repeat the mistake.
The employee is clearly not serious toward work but he
does not want to resign either as it is a limited contract and
if he does so, he may have to compensate the employer.
My question is what is the step that the employer can take in
this case. Can the employee be terminated with immediate
effect? If his services are terminated before the completion
Answer According to Section VI of the Labour Relations Law, there is a set of discipline rules which grant employers the right to outline irregularities and include penalties. For example, in case of work hours, the list includes 10 different penalties. An employer can issue the list and then mandate all staff to comply, however, after authorizing the list through a committee formed by the ministry. Regarding the termination of employee’s services, article 120 of the labour laws mentions specific cases wherein a work relationship can be ended. In this case the employee has shown repeatedly been late for work inspite of the employer’s warnings. If the worker continues to come late, the employer must start deducting the employee’s wages gradually. If there is no improvement, the employer can issue a final warning letter to the worker who might face termination and the dismissal is considered justified in this case. As for compensation, in cases like this where the employer has tried to correct the worker several times but the latter has not shown any improvement, even though the contract is limited, the worker does not deserve any compensation allowance for such dismissal. Gratuity is a payment made as an appreciation to workers who positively contributed to the workplace. Being dismissed for lack of commitment and delays does not entitle a worker to gratuity. Nonetheless, legal scholars or judging committee can look upon the matter and decide whether to reward the employee or not, after looking into the length of service, job type, the duration of interruptions and delays, the impact of irregularities caused by the worker.
Answer According to Section VI of the Labour Relations Law, there is a set of discipline rules which grant employers the right to outline irregularities and include penalties. For example, in case of work hours, the list includes 10 different penalties. An employer can issue the list and then mandate all staff to comply, however, after authorizing the list through a committee formed by the ministry. Regarding the termination of employee’s services, article 120 of the labour laws mentions specific cases wherein a work relationship can be ended. In this case the employee has shown repeatedly been late for work inspite of the employer’s warnings. If the worker continues to come late, the employer must start deducting the employee’s wages gradually. If there is no improvement, the employer can issue a final warning letter to the worker who might face termination and the dismissal is considered justified in this case. As for compensation, in cases like this where the employer has tried to correct the worker several times but the latter has not shown any improvement, even though the contract is limited, the worker does not deserve any compensation allowance for such dismissal. Gratuity is a payment made as an appreciation to workers who positively contributed to the workplace. Being dismissed for lack of commitment and delays does not entitle a worker to gratuity. Nonetheless, legal scholars or judging committee can look upon the matter and decide whether to reward the employee or not, after looking into the length of service, job type, the duration of interruptions and delays, the impact of irregularities caused by the worker.
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