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If an employee is alleged to have committed a misconduct, he / she may be suspended from duty pending investigation. The following is a sample letter of an employee to be suspended from duty as a result of suspected false Medical Certificate.

<Ref. No.>

<Date>

<Name>

<Designation / Department>

Dear <Name>

Suspension

It has been reported by your immediate superior to us that you were on long medical leaves from <duration>. However, your medical certificates only reached us on <date>. Due to certain irregularities suspected in the medical certificates submitted, the Company is currently investigating the said irregularities.

You are hereby suspended from duty for <number of> days, beginning <duration>, pending further investigation by the Company. You are required to report back for duty to the <immediate superior> on <date> at <time> (must be specified).

During the period of suspension, you are not allowed to enter the Company’s premises without the prior written approval of the Human Resource Department. You are also required to be available at your home address during reasonable hours to enable the Management to communicate with you, if necessary.

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

Thank you.

Yours faithfully

<Signatory>

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

Acknowledgement

I hereby understand and acknowledge receipt of the letter.

Name:

NRIC No.:

<Signatory>

Date

Upon completion of probationary period / extended probation period, if an employee is not performed up to the Management’s expectation on the position offered, even though sufficient guidance have been given (must be supported by proper documentation), instead of termination, the Management may offer the employee another suitable position, perhaps a lower position (if there is any). The below is an example of non-confirmation and downgrading letter given to an employee who is under performed in his position:

<Ref. No.>

<Date>

<Name>

<Designation / Department>

Dear <Name>,

Confirmation Status

We are evaluating your initial performance for the recent <number of> months since your commencement date on <date>, which the first evaluation has been done in <date>. In the first evaluation, your probation period has been extended and your weakness as a <position> has been highlighted to you in our letter dated <date> (our ref.). You were required to improve your areas of weakness including but not limited to, understanding of your role and job responsibilities as a <position>, as well as your <spell out other related knowledge or skills>.

You were also given a guidance report whereby guidance was given on your every single job responsibilities as a <position>. You were given another <number of> months to show improvement and competency as a <position>.

However, the Management notices that during this guidance period <duration>, you have not demonstrated satisfactory on "average" as a <position>, especially in the areas which were highlighted earlier (as enclosed guidance reports accessed by your immediate superior), as follow:

<spell out the incompetencies in point form>

The above weaknesses show your incompetence as a <position>, generally can be concluded as "poor" performance as a <position>. You are therefore not confirmed in your position as a <position>. According to Clause <clause> of the Staff Handbook, if an employee is not confirmed after his / her extended probationary period, his / her service with the Company shall be deemed terminated.

However, despite the above, in view of the technical skills that you possess, as well as your good working attitude, after due consideration, the Management propose to re-designate you as <new position> instead effective <date>, with no change in your remuneration package, simply take into consideration the economic and inflation factors (or with change, depends on Company>.

However, in order to be in line with the Company’s job grading system, your job grade has correspondently downgraded from <old grade> to <new grade>.

Please find your new job responsibilities in the attached appendix.

The Management hopes that you would take this opportunity to improve your areas of weaknesses and equip yourself with necessary skills for your future career advancement.

Thank you.

Yours sincerely,

<Signatory>

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

Acceptance

I <name> (NRIC No.) do hereby acknowledge and accept the contents of this letter.

<Signatory>

<Date>

It is the policy of some companies to bond its employee, who is sponsored by the Company to attend a training program, for a certain period of time. The purpose of the bonding period is to allow the employee to apply the skills or knowledge that he / she gains from such training program to his / her job, at the same time to transfer them to his / her peers.

In the above-mentioned case, usually a training agreement will be signed between the Company and the employee. A sample of training agreement is as follow:

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

An Agreement is made the <date> day of <year>

Between

<Company Name>, a company registered in <Country> under Company number <company number> and having its registered office at <address> (hereinafter referred to as "the Company") of the one part

And

<Employee Name>, NRIC: <NRIC number> who residence is at <Home Address> (hereinafter referred to as "the Employee") of the other part.

SUPPLEMENTAL to the Employee’s letter of employment with the Company dated <date> *and/or any subsequent contract of employment with its holding company, any subsidiary company, associate company and/or subsidiary of subsidiary company within the <Company Name> Group of Companies (hereinafter referred to as "the Group of Companies") to which the Employee may be transferred or seconded (hereinafter collectively referred to as "the Contract of Employment") and shall be read together with this Agreement. (*delete if not applicable).

NOW IT IS HEREBY AGREED as followed: -

• THE PROGRAM

• The Company has offered and the Employee has accepted a scheme under which the Employee will be provided a sponsorship to attend the <program name> (hereinafter referred to as "the Program" to be held at <address> (hereinafter referred to as "the Institute") for a duration of <number of> days commencing from <duration>.
• The employee shall be granted leave of absence from the Company to attend the Program from <duration> (hereinafter referred to as "the Sponsorship Period") for the sole purpose of attending the Program.
• The Employee shall report for duty with the Company immediately upon completion of the Sponsorship Period unless prior written approval for a further leave of absence is obtained from the Company.
• The Employee’s attendance of the Program shall not constitute a bread of his employment with the Company.

• The Employee shall as part of his duties under the Contract of Employment attend the Program diligently and apply the whole of his energies during the Program to the acquisition of the skills and knowledge taught or otherwise made available in connection with the Program.
• The Employee shall during the Sponsorship Period follow all regulations and discipline that shall be enforced from time to the by the Institute or any other authority under the authorisation of the Institute.
• The Employee shall follows all regulations that shall imposed by the Company from time to time.
• The Employee shall not be involved with any activities that in the opinion of the Company shall jeopardize or bring disrepute to the reputation of the Company.

• In consideration of the sponsorship granted, the Employee shall serve the Company or the Group of Companies at any particular time as determined by the Company whether on a secondment basis or otherwise for a period of <duration, in months> (hereinafter referred to as "the Compulsory Service Period") commencing the date he reports for duty with the Company or the Group of Companies, as the case may be upon completion of the Sponsorship Period upon the terms and conditions and at the salary in accordance with the Contract of Employment whereupon the Compulsory Service Period shall take precedence to the resignation period set forth in the Contract of Employment.
• In the event where a preceding Compulsory Service Period exists, then this Compulsory Service Period shall commence and continue from the expiry of the other existing Compulsory Service Period and also shall take precedence to the resignation period set forth in the Contract of Employment.
• The Company reserves the right to extend (whenever applicable or necessary as the case maybe), reduce or waive the Compulsory Service Period at its sole discretion and only in the event of reduction or waiver of the said Compulsory Service Period, the Employee shall be absolved of all obligations under this Agreement and shall not be entitled to any compensation of whatsoever nature from the Company.

• In the event during the Sponsorship Period:

• The Employee fails to perform satisfactorily or guilty of neglect or indifference in studying the Program; or
• The employee resigns from the Company and/or abandons the Program before completion thereof without written consent of the Company; or
• The employee is suspended or barred by the Institute from continuing with the Program for whatever reasons; or
• Fails or refuses to report for duty / resigns from the Company upon completing the Training Period; or
• By his own conduct renders himself incapable or is unsuitable in the opinion of the Company to serve the Company; or
• The Employee breaches any terms and conditions set out in this Agreement and/or the Contract of Employment; or
• The Employee’s employment under the Contract of Employment is terminated by the Company for misconduct or any other reasons whatsoever during the Sponsorship Period or the Compulsory Service Period; or
• The Employee is retrenched or medically boarded out by the Company during the Compulsory Service Period; or
• The Employee resigns or abandons the service of the Company during the Compulsory Service Period.

• MISCELLANOUS

• Save and except where it is varied by this Agreement, all other terms of the Contract of Employment shall remain unchanged.
• No amendments in respect of this Agreement shall be made unless agreed to and acknowledged in writing by both parties.
• This Agreement shall be binding upon the parties, their respective heirs and their assigns.
• The Company reserves the right to assign the whole or in part any part of this Agreement whereby the said assignment shall be binding on the heirs personal representatives successors-in-title and permitted assigns of the parties thereto.
• The Employee hereby gives his irrevocable consent to the Company to inform any of his prospective employers of his obligations under this Agreement.
• The Employee shall indemnify the Company against all damage and loss (including the Company’s Solicitor-Client fees) howsoever incurred or sustained by the Company as a consequence of a breach or non-observance of the convenants herein contained by the Employee.
• Throughout this Agreement, words importing the masculine gender shall be deemed and taken to include the feminine and neuter genders and the singular to include the plural and vise versa.
• Time, whenever mentioned in this Agreement, shall be of the essence.
• Any notice required to be served under this Agreement by either party concerned or sent by prepaid ordinary or registered post to the other party at the address of such other party hereinbefore given.
• If anyone more of the provisions contained in this Agreement or any document executed in connection herewith shall be invalid, illegal or unenforceable in any respect under the applicable laws, it is agreed and understood that the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
• Any delay, forbearance or neglect on the part of the Company to enforce at time all or any of the provisions of this Agreement and any rights in respect thereto or to exercise any election therein provided shall not construed as a waiver of such provisions rights or elections and shall not preclude the Company in exercising the same or any other right under this Agreement.
• This Agreement shall be governed by and construed in accordance with the Laws of <Country>.

THE TERMS AND CONDITIONS OF THIS AGREEMENT HAVE BEEN UNDERSTOOD AND AGREED UPON BY BOTH PARTIES WHO HAVE SET THEIR HANDS ON THE DAY AND YEAR ABOVE WRITTED.

For and behalf of

<Company Name>

<Name>

<Designation>

In the presence of

<Name>

<Designation>

Signed and accepted by

THE EMPLOYEE

<Name>

<IC Number>

In the presence of

<Name>

<Designation>