Sample - Show Cause Letter

Reference number        

Date

Alleged Employee Name                                                                 PRIVATE & CONFIDENTIAL

(Employee ID: 123456789)

(NRIC No.: 123456789)

AE Designation, AE Department

Company name (“the Company”)

- Present-                                                                                                            By Hand       

                                                                               

Dear **********,

                       

RE: SHOW CAUSE LETTER

The Management has received a report that you have committed acts of misconduct. You are required to show-cause in respect of the following allegation levelled against you:-

ALLEGATION

That you, being the ********* of the ********** Department, had failed to adhere to the established

(write the allegations against the alleged employee)

By your action, you are alleged to have committed an act of insubordination, inconsistent with the fulfilment of the express or implied terms and conditions of your employment as a ******** of ********* Department, thereby committing a serious misconduct.”

Your written explanation should reach the undersigned on or before date, failing which we would assume that you have no explanation to offer in which event we may proceed to take the appropriate disciplinary action, which may include dismissal against you.

Meanwhile, kindly acknowledge receipt of this letter by signing and returning to us the duplicate copy of this letter thereof.

Yours faithfully,

Name

Designation

Department

C.c.:          *****************************

ACKNOWLEDGMENT

I hereby acknowledge receipt, read and understood the content of this letter

 

......................................

Signed by

Name:

NRIC No.:

Date:

Balance of Probabilities

Definition
Burden of proof in civil trials.

Related Terms
Reasonable Doubt, Burden of Proof, Trial & also known as preponderance of evidence.

The common distinction is made with the burden of truth in a criminal trial, which is beyond a reasonable doubt.

Balance of probabilities the standard of proof in civil cases, demanding that the case that is the more probable should succeed.
This is the kind of decision represented by the scales of justice.
The court weighs up the evidence and decides which version is most probably true.

If both seem equally balanced, then the person pursuing the case loses on the basis of the maxim melior est conditio defendentis, ‘better is the position of the defender’.


Mahkamah Rayuan didalam kes
Telekom Malaysia Kawasan Utara v Krishnan Kutty Sanguni Nair & Anor [2002] 3 CLJ 314,

Memutuskan standard pembuktian yang terletak diatas majikan adalah berdasarkan imbangan kebarangkalian.
YA Abdul Hamid Mohamad, HMR, didalam keputusannya telah memutuskan:

“ …it is quite clear to us that the Industrial Court should not be burdened with the technicalities regarding the standard of proof, the rules of that are applied in a court of law. The Industrial Court should be allowed to conduct its proceedings as a “court of arbitration”, and be more flexible in arriving at its decision, so long as it gives special regard to substantial merits and decide a case in accordance with equity and good conscience.

Thus, the Industrial Court, when hearing a claim of unjust dismissal, even where the ground is one of dishonest act, including theft, is not required to be satisfied beyond reasonable doubt that the employee has committed the offence.The standard of proof applicable is the civil standard, ie, proof on a balance of probabilities which is flexible so that the degree of probability required is proportionate to the nature and gravity of the issue.”

Maternity Protection

Maternity protection under Employment Act 1955 from Section 37 till 44A.

Section 37 EA 1955 :-
Length of eligible period and entitlement to maternity allowance

Section 38 EA 1955 :-
Payment of maternity allowance

Section 39 EA 1955 :-
Payment of allowance to nominee on death of female employee

Section 40 EA 1955 :-
Loss of maternity allowance for failure to notify employer

Section 41 EA 1955 :-
Payment of allowance to nominee

Section 42 EA 1955 :-
Restriction on dismissal of female employee after eligible period

Section 43 EA 1955 :-
Conditions contrary to Part void

Section 44 EA 1955 :-
Register to allowances paid

Section 44A EA 1955 :-
Application of this Part irrespective of wages of female employee

..............................................................................................................................................

Can a female employee who is single based on Company record is entitle for this benefit ?

The answer is yes because Employment Act 1955 only mention female employee and never mention married female employee.  

Sample of Warning Letter

NAME                                                                                                    PRIVATE & CONFIDENTIAL

(Employee ID: **********)

(NRIC No.: *************)

Position, Department

(“the Company”)                                                                                                              By Hand       

                                                                                                                                                                               

Dear **********,

RE : WARNING LETTER

With reference to the Domestic Inquiry held on **********, the panelist found that you were guilty on all the charges leveled against you.

In view of the above, the company has decided to serve you a WRITTEN WARNING as a corrective measure. Kindly be informed your act of misconduct has cost the company ************** and wastage of **********.

Please take note and be reminded that stern disciplinary action can be taken against you in any reoccurrence of similar misconducts.

Kindly acknowledge receipt of this letter by signing and returning us the duplicate copy of the same for our record. Lastly we sincerely believe that you will take this matter seriously and do the needful to comply with the establish work processes and procedures at the shop floor.

Yours faithfully,

………………………………………………

NAME

DESIGNATION

DEPARTMENT

C.c.:                  **********************

_________________________________________________________________________________

ACKNOWLEDGMENT

I hereby acknowledge receipt, read and understood the content of this letter

......................................

Signed by

Name:                                                                                                                                                                        

NRIC No.:                                                                                                         
Date        :

Section 60A Employment Act 1955 - Hours of work

(1) Except as hereinafter provided, an employee shall not be required under his contract of service to work -

(a) more than five consecutive hours without a period of leisure of not less than thirty minutes duration;

(b) more than eight hours in one day;

(c) in excess of a spread over period of ten hours in one day;

(d) more than forty - eight hours in one week:

Sick Leave

Entitlement for Sick Leave stated under Section 60F of the Employment Act 1955.

60F Sick Leave

(1) An employee shall, after examination at the expense of the employer-

(a) By a registered medical practitioner duly appointed by the employer; or
(b) If no such medical practitioner is appointed or, if having regards to the nature or circumstances   of the illness the service of the medical practitioner so appointed are not obtainable within a reasonable time or distance, by any other registered medical practitioner or by a medical officer,

Be entitled to paid sick leave, -

(aa) where no hospitalization is necessary, -

(i) Of fourteen days in the aggregate in each calendar year if the employee has been employed for less than two years;

(ii) Of eighteen days in the aggregate in each calendar year if the employee has been employed for two year and more but less than five years;

(iii) Of twenty-two days in the aggregate in each calendar year if the employee has been employed for five years or more; 

Holidays

Section 60D of the Employment Act 1955 state that every employee shall be entitled to a paid public holiday at his ordinary rate of pay on the eleven of the gazetted public holidays, five from Employment Act 1955 section 60D(1)(a) are:-

1. National Day;
2. Birthday of the Yang di-Pertuan Agong;
3. Birthday of the Ruler or the Yang di-Pertua Negeri, as the case may be, of the State in which the employee wholly or mainly works under his contract of service, or the Federal Territory Day, if the employee wholly or mainly works in the Federal Territory;
4. Worker's Day; and
5. Malaysia Day.

You can find the eleven of the gazetted public holidays at First Schedule Holidays Act 1951.

• Birthday of the Prophet Muhammad (s.a.w)
• Hari Kebangsaan or National Day
• Chinese New Year
• Wesak Day
• Birthday of the Yang di-Pertuan Agong
• Hari Raya Puasa
• Hari Raya Haji
• Deepavali
• Christmas day
• Malaysia Day
• Nuzul Al-Quran

Kadar Caruman KWSP Yang Baru

Kumpulan Wang Simpanan Pekerja (KWSP) menjelaskan bahawa pengurangan kadar caruman pekerja daripada 11% kepada 8% adalah untuk pekerja di bawah umur 60 tahun, manakala pengurangan daripada 5.5% kepada 4% adalah untuk pekerja berusia lebih 60 tahun bermula daripada gaji/upah bulan Mac 2016 sehingga Disember 2017.

Kadar caruman majikan dan pekerja yang baru bermula 1 Mac 2016 boleh dirujuk pada Jadual Ketiga, Akta KWSP 1991.

Kadar caruman bagi majikan kekal pada kadar semasa.

Untuk pekerja yang ingin mengekalkan kadar caruman 11% boleh melengkapkan borang KWSP 17A (Khas 2016).

Untuk maklumat lanjut sila layari http://www.kwsp.gov.my/.