You are on page 1of 5

One-Stop HR Information CentreJune 5, 2009 Report of Domestic Inquiry Format Filed under: Template / Sample Letter (11-15) 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 foll owing 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 sh ould 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. Comments (15) Sample HR Letter : Notice of Domestic Inquiry Filed under: Template / Sample Letter (11-15) If an employee has been confirmed to have conduct a severe misconduct, and the C ompany has decided to proceed with domestic inquiry before any disciplinary acti on 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>, i t has been found that your explanation is not satisfactory. It is therefore prop osed 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 indi cated 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 nat ure, you are hereby suspended on half / full pay for a period of <number of> day s 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> Comments (4) Sample HR Letter : Warning Letter Filed under: Template / Sample Letter (11-15) After serving an employee who has committed a misconduct with an explanation let ter, and confirm his misconduct after investigation, which, the misconduct is no t severe enough for termination / a chance is decided to be given to the employe e for improvement, a warning letter could then be served to the employee. A samp le 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 agai nst you. After due consideration of your explanation and the investigation into the matte r(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 y ou to improve. Should you fail to pay heed to this reminder, and if you repeat t he same misconduct, the Management will take necessary actions, which may includ e 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> Comments (10) June 3, 2009 Sample HR Letter : Letter of Allegation (Pre-Domestic Inquiry) Filed under: Template / Sample Letter (11-15) Upon receiving of misconduct report from the head of department, and before the proceeding of any disciplinary action / domestic inquiry, HR personnel will usua lly issue a letter of allegation (show cause letter) against the employee concer ned 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 o ffence(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 th e relevant sections, clauses, articles of the Code of Conducts / Rules and Regul ations 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 sti pulated 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 pe nding investigation. <delete this paragraph if not applicable>. Please acknowledge on the duplicate of this letter and return it to the HR Depar tment.

Yours faithfully <Signatory> Comments (2) May 21, 2009 Sample HR Letter: Termination Filed under: Template / Sample Letter (11-15) After the issuance of Breach of Contract Letter, if there is no reply from the e mployee after the given time frame, the employer may proceed to issue a terminat ion letter to terminate the service of the employee. The sample of such terminat ion 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 c ontract of service with the Company. The Company had decided to terminate your contact of service since you have fail ed to respond to our letter dated <date> requiring you to explain your absence f rom 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> Sample HR Letter: Breach of Contract Filed under: Template / Sample Letter (11-15) 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 contin uously absent from work for more than 2 consecutive working days without prior l eave from his employer, or without reasonable excuse, or without informing or at tempting to inform his employer of such an excuse, or at the earliest opportunit y, during such absence. In the above circumstances, the employer may issue a letter on Breach of Contrac t 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 <Cla use> of your Letter of Employment. You were absent from work without prior approval for more than 48 hours since <d ate>. 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> d ays from the date of this letter, failing which we will have no choice but proce ed to terminate your contract of service with this Company with immediate effect . Thank you. Yours faithfully <Company Name> <Signatory>

You might also like