One-Stop HR Information Centre

May 20, 2009

Sample HR Letter: Breach of Contract

Under Employment Act and Labour Law of Malaysia, termination of contract without notice maybe done in the event of willful breach by either party on a term and condition of the contract of service, which include the employee has been continuously absent from work for more than 2 consecutive working days without prior leave from his employer, or without reasonable excuse, or without informing or attempting to inform his employer of such an excuse, or at the earliest opportunity, during such absence.

In the above circumstances, the employer may issue a letter on Breach of Contract to the employee, as per below sample:

<Date>

<Ref. No.>

<Name>

<Address>

Dear <Name>

Breach of Contract

This is to inform you that you have breached your contract of service under <Clause> of your Letter of Employment.

You were absent from work without prior approval for more than 48 hours since <date>. Furthermore, you have not informed, or attempted to inform the Company the reason(s) for your absence. Therefore, it is deemed that you have breached your contract of service with the Company.

Please explain to us in writing the reason(s) for your absence within <number> days from the date of this letter, failing which we will have no choice but proceed to terminate your contract of service with this Company with immediate effect.

Thank you.

Yours faithfully

<Company Name>

<Signatory>

 

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