Category Archives: Leaving Employment

Terminating employee based on assumed gender

A candidate came in for interview. Short hair, with neatly trimmed moustache, wore a formal black shirt accompanied with slim fit formal pants.

Fast forward, candidate offered the job and had accepted. On the very first day, application form was given for the candidate to fill in. It was then the HR was shocked when she received the completed form – Gender was female. All along, both the hiring unit and the HR personnel thought the candidate was male.

Now, they are thinking of terminating this employee for dishonestly declaring her particulars. What is your advice?

Let’s start off with my very own, open to discussion and advice.

  1. Firstly, application form should be filled in way before the interview commences instead of when the candidate joined on the very first day. There is so much information to be declared which we can then proceed with any necessary verification and checks.
  2. Terminating an employee due to false declaration? Did the company have the candidate declare such information prior to joining? All is about assumption, and that, if proceed, will be an wrongly termination.
  3. Are we terminating based on false declaration or are we terminating because we want to hire a male employee instead of a female one? What’s the justification for that – purely discrimination?

I would say termination is a no go. What’s your take?

Can I use my Maternity Leave to offset my notice period?

While there are no restrictions on clearing your Maternity Leave during notice period, you cannot use such leave to offset your notice period; meaning using such leave to shorten your notice period.

Reference can be found under my Page “Sources”:
Maternity Leave

Forfeiting Public Holiday Off for Terminated Staff

Employee was caught smoking in office, and such violate the code of conduct of your company. The offence is clear in the Disciplinary Policy – employee will be terminated from service with immediate effect for misconduct.

Now, employee has 5 days of Public Holiday Off in lieu. Can we – like Annual Leave – forfeit employee’s Public Holiday Entitlements?

No, we can’t do that under the Employment Act. While we can forfeit his Annual Leave, not pay him any salary in lieu of notice, we have to account for employee’s Public Holiday Entitlements – just like Overtime.

Do we have to pay for Foreign Worker’s Air Fare upon renewal of contract?

Re posted from HR Singapore

Dear HR Practitioners,

I would like to check if the employment contract end for one of our china worker, do we cancel the work permit and buy a ticket for he/she to return and reapply the work permit for he/she to start a new contract? Reason is employee wanted to return home for vacation, who should bear the flight tickets.
Denise

My reply:

If the employment contract is going to end and both the company and the staff is keen to renew the contract, company does not have to bear any air ticket costs. Further, it is not necessary to cancel the work permit for company can choose to renew the permit.

However, if the company is not intending to renew the contract, company is liable to pay for the repatriation costs (e.g. air ticket). For S Pass and Employment Pass Holders, if they give consent in writing, employers can have them bear the costs themselves.

See also:
Do we need to pay for Repatriation Costs?

Withdrawing Your Resignation

Having second thoughts on your resignation? Bad news for you.

The Employment Act does not have any provisions for withdrawal of resignation, and thus your employer has the every right to reject your request to withdraw your resignation. Having said that, I would say nothing is absolute for there is the Common Law for you to tap on (if you feel a need to go to that).

 

Can I refuse to allow my employee to offset his notice period?

If your employee is covered by the Employment Act, he / she has the right to use his / her Annual Leave to offset his notice period.

There are people who will ask, if they are allowed to use their outstanding Off-in-lieu for offsetting their notice period. For such, it is not govern by the legislation and thus, it is down to contractual agreement.

Reference can be found under my Page “Sources”:
Termination with Notice

I had resigned. Can my employer force me to consume my outstanding Annual Leave?

If you are covered by the Employment Act, your employer cannot force you to do so. There must be agreement on your part. Same applies if you would like to clear your Annual Leave, agreement must comes from both parties.

Reference can be found under my Page “Sources”:
Termination with Notice