A Dismissal Letter For Poor Performance is a crucial document used when terminating an employee's employment contract in Malaysia due to unsatisfactory job performance. This document must comply with Malaysian employment legislation, particularly the Employment Act 1955 and Industrial Relations Act 1967, and should only be issued after appropriate performance management procedures have been followed, including performance improvement plans and formal warnings. The letter serves as official documentation of the termination decision, protecting both employer and employee interests by clearly stating the grounds for dismissal, referencing previous improvement attempts, and outlining final employment terms. It's essential for preventing unfair dismissal claims and ensuring compliance with Malaysian labor laws.
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1. Letter Header: Company letterhead, date, reference number, and formal addressing of the employee with full name and position
2. Subject Line: Clear indication that this is a termination of employment notice
3. Performance Issue Summary: Brief overview of the performance issues that led to this decision
4. Previous Actions Taken: Documentation of performance improvement plans, warnings, and counseling sessions conducted
5. Termination Decision: Clear statement of the decision to terminate employment and the effective date
6. Final Payment Details: Information about final salary, outstanding benefits, and any applicable termination benefits
7. Company Property Return: List of company properties to be returned and the process for doing so
8. Closure: Professional closing statement, including signature block for authorized company representative
1. Non-Compete Reminder: Include when the employee's contract contains non-compete clauses that remain in effect after termination
2. Confidentiality Obligations: Include when there's a need to remind the employee about ongoing confidentiality obligations
3. Exit Interview: Include when the company wishes to conduct an exit interview as part of the termination process
4. Handover Instructions: Include when the employee needs to transfer ongoing projects or responsibilities
5. Appeal Process: Include when company policy allows for appeals against termination decisions
1. Performance Review History: Chronological list of performance reviews, warnings, and improvement plans
2. Final Payment Calculation: Detailed breakdown of final payment including salary, benefits, and any deductions
3. Company Property Checklist: Itemized list of company property to be returned
4. Performance Improvement Plan Records: Copies of previous PIPs and documentation of failure to meet targets
5. Meeting Minutes: Records of performance discussion meetings and counseling sessions
Relevant legal definitions
Clauses
Performance Issues
Prior Warnings
Termination Notice
Final Payment
Benefits Termination
Company Property Return
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property Rights
Final Settlement
Handover Requirements
Reference Provision
Legal Compliance
Governing Law
Appeal Rights
Full and Final Settlement
Post-Employment Obligations
Acknowledgment
Prior Warnings
Termination Notice
Final Payment
Benefits Termination
Company Property Return
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property Rights
Final Settlement
Handover Requirements
Reference Provision
Legal Compliance
Governing Law
Appeal Rights
Full and Final Settlement
Post-Employment Obligations
Acknowledgment
Relevant Industries
Manufacturing
Financial Services
Technology
Retail
Healthcare
Education
Construction
Professional Services
Hospitality
Telecommunications
Energy
Transportation
Real Estate
Media and Entertainment
Public Sector
Relevant Teams
Human Resources
Legal
Senior Management
Operations
Employee Relations
Compliance
Administration
Relevant Roles
HR Director
HR Manager
Legal Counsel
Department Manager
Line Manager
Team Leader
Supervisor
HR Business Partner
Employee Relations Manager
Chief Human Resources Officer
Operations Manager
General Manager
Managing Director
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