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?

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My Foreign Worker has resigned. When must I cancel his/her pass?

E.g. A work permit holder’s last day is on the 17 Jul (Monday). Should you cancel the pass on that day itself, or on the 18 Jul (Tues)?

As per MOM, we should cancel on the next day. We are not suppose to cancel on that day itself. Levy will also be charged till 17 Jul.

Such applies for other passes as well, e.g. S-Pass.

Reference can be found under my Page “Sources”:
Cancellation of Work Permit

HR Managing Lateness

Re posted from HR Singapore
..

Dear HR Members,We have actually come up with a grace period of 10 minutes daily for lateness. Any staff who are late after the grace period will have to apply for time-off.

However, it seems that about 80% of the staff still come in late everyday.

Would appreciate if you could share with me how to go about implementing policy since the above mentioned is not working.

Thanks in advance.

My reply:

HR can come up with any policy, but it takes all department heads to oblige and cooperate – subordinates who are late often should be disciplined. If there is no corporation, HR should bring the matter to the top Management. Pressure from top down always work (usually). Of course, HR must set a good example themselves. I have a lot of HR Colleagues who are frequent late comers themselves – that doesn’t help.

 

Issuing Duplicate Employment Contract

Can we issue duplicate employment contact to new hire?

The Employment Act does not take issue on this, but however a good practice could be to have the staff to sign 2 copies; 1 for himself/herself and the other for the company.
Duplicate copy can have a higher chance of potential dispute (e.g. forged signature?).

Payment for Work on Holiday in Overseas

Re posted from HR Singapore

Can company choose not to pay holiday pay as employee is already provided per diem while on overseas trip during Singapore public holiday?

My reply:

Firstly, it is good to check if employee is covered under Employment Act first. If he/she is covered, my advice as follow:

Per diem generally refers to allowances given to staff for expenses incurred during overseas business trip. Such could be for lodging and food.
Public Holiday pay is not an allowance; a payment given to staff who worked on a Public Holiday for Public Holiday is a paid non-working day.

Unless the per diem payment given explicitly include the Public Holiday pay item (no less than 1 day basic), such should be separated from the per diem payment.