One-Stop HR Information Centre

Upon completion of domestic inquiry, a report shall be prepared and submitted to the person who will decide on the punishment. The report shall include the following points:

• Name of Chairman of Inquiry Panel
• Date, Time, Place of Inquiry
• Name of Employee
• Charge(s) (Where an employee is charged with more than one charge, each charge should be dealt separately.)
• The facts Admitted
• Concise summary of the Management’s case
• Concise summary of the Employee’s case
• Points for determination in the inquiry
• Recommendations / findings

Each of the above point must be discussed separately.

If an employee has been confirmed to have conduct a severe misconduct, and the Company has decided to proceed with domestic inquiry before any disciplinary action is taken, the following letter could be served to the employee as a notice of domestic inquiry:

<Ref. No.>

<Date>

<Name>

<Designation>

<Department>

Dear <Name>

Re: Notice of Inquiry

We refer to your explanation dated <date> in reply to our letter dated <date>, it has been found that your explanation is not satisfactory. It is therefore proposed to hold an Inquiry into the allegation(s) made against you.

You are hereby requested to be present personally at <place> at <time> on <date> to attend this inquiry.

At this inquiry, you shall be given the full opportunity to conduct your defense by examining your witness(es) and cross-examining the Company’s witness(es). You may also bring along with you documentary evidence that will help you with your defense (if applicable).  

If you fail to present yourself at this inquiry at the place, time and date indicated above, the inquiry shall be proceeded with ex-parte (or in your absence).

Since the allegation(s) / charge(s) levied against you is / are of a serious nature, you are hereby suspended on half / full pay for a period of <number of> days pending the inquiry.

Please acknowledge receipt on the duplicate copy of this letter and return to me.

Yours faithfully

<Signatory>

***********************************************************

ACKNOWLEDGEMENT

I hereby understand and acknowledge receipt of the letter.

<Signatory>

<Name>

<IC No.>

<Date>

After serving an employee who has committed a misconduct with an explanation letter, and confirm his misconduct after investigation, which, the misconduct is not severe enough for termination / a chance is decided to be given to the employee for improvement, a warning letter could then be served to the employee. A sample of warning letter is as follow:

<Date>

<Name>

<Designation>

<Department>

Re: Warning Letter

We refer to your explanation dated <date> in respect of the allegation made against you.

After due consideration of your explanation and the investigation into the matter(s), the Management has concluded that your explanation is not acceptable.

The Management views your failure to follow the Company’s rules and regulations / code of conducts as (a) serious offence(s).

Therefore, the Management has decided to serve you with a Warning in order for you to improve. Should you fail to pay heed to this reminder, and if you repeat the same misconduct, the Management will take necessary actions, which may include final warning / termination of your service with the Company.

Please acknowledge receipt of this letter by signing and returning the attached duplicate copy to us.

Yours faithfully

<Signatory>

***********************************************************

ACKNOWLEDGEMENT

I hereby understand and acknowledge receipt of this letter.

<Signatory>

<Name>

<IC No.>

<Date>

Upon receiving of misconduct report from the head of department, and before the proceeding of any disciplinary action / domestic inquiry, HR personnel will usually issue a letter of allegation (show cause letter) against the employee concerned calling for an explanation as to why disciplinary action should not be taken against him. The sample of such letter is as follow:

<Date>

<Name>

<Designation>

<Department>

Dear <Name>

It has been reported that on <date> at <time> you <give details of the alleged offence(s) in clear and simple terms>.

The allegation mentioned above is a (serious) misconduct under the Company’s Code of Conducts / Rules and Regulations and attracts a (major) punishment. <Quote the relevant sections, clauses, articles of the Code of Conducts / Rules and Regulations whenever possible>.

You are hereby required to submit your explanation in writing within <number of> days of the receipt of this letter as to why disciplinary action should not be taken against you. Should we not receive any explanation from you within the stipulated time, it will be presumed that you have no explanation to offer in which case the appropriate action will be taken on this matter.

Since the allegations / charges levied against you is / are of a serious nature, you are hereby suspended on half / full pay for a period of <number of> days pending investigation. <delete this paragraph if not applicable>.

Please acknowledge on the duplicate of this letter and return it to the HR Department.

Yours faithfully

<Signatory>

After the issuance of Breach of Contract Letter, if there is no reply from the employee after the given time frame, the employer may proceed to issue a termination letter to terminate the service of the employee. The sample of such termination letter is as follow:

<Ref. No.>

<Date>

<Name>

<Address>

Dear <Name>

Termination 

This is to inform that you are hereby terminated with effect from <date> under <Section> of the Employment Act 1955 in response to your willful breach of your contract of service with the Company.

The Company had decided to terminate your contact of service since you have failed to respond to our letter dated <date> requiring you to explain your absence from work since <date>.

You are required to return all Company’s property under your possession to <name>, <position> or his appointed staff as soon as possible.

Thank you.

Yours faithfully

<Company Name>

<Signatory>

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>