7 HR FAQs You Were Too Afraid to Ask
TABLE OF CONTENTS
- 7 HR FAQs You Were Too Afraid to Ask
- Under what circumstances can HR dismiss an employee?
- What is a ‘show cause letter’?
- Can employees refuse to work overtime?
- Can employees refuse to work in the office?
- How do I ensure that my candidate’s qualifications are genuine?
- Do you really need a candidate’s previous three months’ salary?
- Someone wrote a bad review on Glassdoor/JobStreet!
As HR practitioners, sometimes thorny issues arise which can be awkward to seek advice for. Thankfully, the internet has made searching for answers anonymous, so we at BrioHR hope that we can help!
Under what circumstances can HR dismiss an employee?
Under Malaysian law, employees are protected from unfair dismissal. You will have to prove ‘just cause and excuse’ before dismissing an employee.
For example, you cannot simply dismiss an employee for poor performance – you have to give them sufficient notice or warning highlighting their poor performance, as well as reasonable opportunity to improve, e.g. putting them on a performance improvement plan (PIP). Only if the employer has exhausted all avenues of improvement, and the employee is still not performing, then can they be dismissed.
The only situation in which summary dismissal is justified is when gross misconduct occurs. Gross misconduct is, essentially, acts which destroy the relationship between employer and employee and make the employment relationship impossible. Examples include serious, criminal acts such as:
- Theft
- Fraud
- Violence at the workplace
- Serious insubordination
- Bribery
- Damage to property
- Drug abuse at work
What is a ‘show cause letter’?
A show cause letter is issued by the employer, requiring the employee to explain or justify their actions, behaviour, or non-compliance in cases of misconduct.
The purpose of a show cause letter is to provide the recipient with an opportunity to present their case, provide explanations, or rectify any issues before any further action is taken against them. It is typically a precursor to disciplinary action or dismissal.
The contents of a show cause letter usually include the specific details of the alleged violation or misconduct, a timeline of events, reference to the relevant rules or policies, and a request for the recipient to respond within a specified timeframe. The recipient is expected to provide a satisfactory response addressing the concerns raised, failure of which may result in further consequences.
Can employees refuse to work overtime?
Despite employers offering overtime payments, sometimes employees might refuse overtime due to reasons like family commitments. In other words, can employers dismiss employees who refuse to work overtime?
To determine this, the Industrial Court will consider several factors:
- Is the employer’s request for overtime work reasonable?
- Is the employee’s excuse for refusing overtime work reasonable?
- Is the employee’s refusal to work overtime disruptive to the employer’s operations?
This means that essentially, employers cannot force employees to work overtime if employees have a reasonable excuse not to do so – unless it can be shown that it is customary in the employer’s industry to work overtime. For example, hotels that operate 24 hours around the clock or cinemas that hold midnight screenings will customarily require employees to work overtime. Refusal to do so could be considered insubordination.
Nevertheless, employers need to be aware not to exceed the limit of overtime work in a month, which is 104 hours per month.
Can employees refuse to work in the office?
Since work-from-home became the norm during the pandemic, employees have become more and more reluctant to return to the office. On the other hand, employers are starting to compel their staff back into the office despite strong opposition from the workforce.
While dismissals arising from the refusal to return to office have not been tested in court, being ‘absent from work’ is considered serious misconduct. However, if the employee has a valid excuse to be absent, or has attempted to inform their superior, this reason cannot be used for dismissal.
That said, the latest amendments to the Employment Act 1955 have somewhat clarified the position on flexible working arrangements. Employees are allowed to apply for flexible work in writing to the employer, and the employer must give their approval or refusal in writing. If refused, reasons for the refusal must be given.
How do I ensure that my candidate’s qualifications are genuine?
First things first, confirm that their university degree is legitimate by contacting the institution itself. However, you also need to be aware that there are many fake ‘universities’ and degree mills out there.
As for employment references, while it’s customary for candidates to provide references, they may sometimes be faked. You can get around this by hiring a third party that specializes in background checks, but they do cost money.
The best way is to set up a test or examination of some sort during the interview, hiring the candidate based on their performance. Probity aside, if performance is all that matters, a test is the best gauge of that prior to hiring.
Do you really need a candidate’s previous three months’ salary?
In Malaysia, many HR departments will ask for a candidate’s previous salary for a completely innocuous reason. It is compulsory for newly hired employees to notify their new employer of any previous employment income (with past employers) in the current year, per LHDN’s requirements using form TP3.
In normal recruitment practice, there will be a budget for recruitment and that budget is usually within market range or slightly higher above the market range to attract talent. There’s no legal requirement for candidates to give payslips during the interview process. If a candidate is not comfortable disclosing their current salary before agreeing to terms, that’s perfectly fine as long as they are paid commensurate with their talent and experience – and within your hiring budget.
Someone wrote a bad review on Glassdoor/JobStreet!
If you’re not familiar with Glassdoor, it’s a website where employees can anonymously review the companies they work at. As you can imagine, it’s a recruiter’s worst nightmare when someone drops a negative review on Glassdoor (or JobStreet, which has a similar function).
The truth is, one bad review won’t sink your employer branding overnight. However, if there has been a string of bad reviews, you might want to pay attention to the underlying causes. Read what the reviews are saying and try to identify a common complaint. Once you do, do your best to resolve it constructively.
The last thing you want to do is to go on a witch hunt to find out who posted the bad review. Not only does it bring more unwanted attention to the bad review, your employees will also think negatively of the whole debacle. Hence, the best thing to do is to ignore it. Most reasonable people take online reviews with a grain of salt anyway.
Learn how BrioHR can simplify HR for your business by getting a free demo here.
As HR practitioners, sometimes thorny issues arise which can be awkward to seek advice for. Thankfully, the internet has made searching for answers anonymous, so we at BrioHR hope that we can help!
Under what circumstances can HR dismiss an employee?
Under Malaysian law, employees are protected from unfair dismissal. You will have to prove ‘just cause and excuse’ before dismissing an employee.
For example, you cannot simply dismiss an employee for poor performance – you have to give them sufficient notice or warning highlighting their poor performance, as well as reasonable opportunity to improve, e.g. putting them on a performance improvement plan (PIP). Only if the employer has exhausted all avenues of improvement, and the employee is still not performing, then can they be dismissed.
The only situation in which summary dismissal is justified is when gross misconduct occurs. Gross misconduct is, essentially, acts which destroy the relationship between employer and employee and make the employment relationship impossible. Examples include serious, criminal acts such as:
- Theft
- Fraud
- Violence at the workplace
- Serious insubordination
- Bribery
- Damage to property
- Drug abuse at work
What is a ‘show cause letter’?
A show cause letter is issued by the employer, requiring the employee to explain or justify their actions, behaviour, or non-compliance in cases of misconduct.
The purpose of a show cause letter is to provide the recipient with an opportunity to present their case, provide explanations, or rectify any issues before any further action is taken against them. It is typically a precursor to disciplinary action or dismissal.
The contents of a show cause letter usually include the specific details of the alleged violation or misconduct, a timeline of events, reference to the relevant rules or policies, and a request for the recipient to respond within a specified timeframe. The recipient is expected to provide a satisfactory response addressing the concerns raised, failure of which may result in further consequences.
Can employees refuse to work overtime?
Despite employers offering overtime payments, sometimes employees might refuse overtime due to reasons like family commitments. In other words, can employers dismiss employees who refuse to work overtime?
To determine this, the Industrial Court will consider several factors:
- Is the employer’s request for overtime work reasonable?
- Is the employee’s excuse for refusing overtime work reasonable?
- Is the employee’s refusal to work overtime disruptive to the employer’s operations?
This means that essentially, employers cannot force employees to work overtime if employees have a reasonable excuse not to do so – unless it can be shown that it is customary in the employer’s industry to work overtime. For example, hotels that operate 24 hours around the clock or cinemas that hold midnight screenings will customarily require employees to work overtime. Refusal to do so could be considered insubordination.
Nevertheless, employers need to be aware not to exceed the limit of overtime work in a month, which is 104 hours per month.
Can employees refuse to work in the office?
Since work-from-home became the norm during the pandemic, employees have become more and more reluctant to return to the office. On the other hand, employers are starting to compel their staff back into the office despite strong opposition from the workforce.
While dismissals arising from the refusal to return to office have not been tested in court, being ‘absent from work’ is considered serious misconduct. However, if the employee has a valid excuse to be absent, or has attempted to inform their superior, this reason cannot be used for dismissal.
That said, the latest amendments to the Employment Act 1955 have somewhat clarified the position on flexible working arrangements. Employees are allowed to apply for flexible work in writing to the employer, and the employer must give their approval or refusal in writing. If refused, reasons for the refusal must be given.
How do I ensure that my candidate’s qualifications are genuine?
First things first, confirm that their university degree is legitimate by contacting the institution itself. However, you also need to be aware that there are many fake ‘universities’ and degree mills out there.
As for employment references, while it’s customary for candidates to provide references, they may sometimes be faked. You can get around this by hiring a third party that specializes in background checks, but they do cost money.
The best way is to set up a test or examination of some sort during the interview, hiring the candidate based on their performance. Honesty aside, if performance is all that matters, a test is the best gauge of that prior to hiring.
Do you really need a candidate’s previous three months’ salary?
In Malaysia, many HR departments will ask for a candidate’s previous salary for a completely innocuous reason. It is compulsory for newly hired employees to notify their new employer of any previous employment income (with past employers) in the current year, per LHDN’s requirements using form TP3.
In normal recruitment practice, there will be a budget for recruitment and that budget is usually within market range or slightly higher above the market range to attract talent. There’s no legal requirement for candidates to give payslips during the interview process. If a candidate is not comfortable disclosing their current salary before agreeing to terms, that’s perfectly fine as long as they are paid commensurate with their talent and experience – and within your hiring budget.
Someone wrote a bad review on Glassdoor/JobStreet!
If you’re not familiar with Glassdoor, it’s a website where employees can anonymously review the companies they work at. As you can imagine, it’s a recruiter’s worst nightmare when someone drops a negative review on Glassdoor (or JobStreet, which has a similar function).
The truth is, one bad review won’t sink your employer branding overnight. However, if there has been a string of bad reviews, you might want to pay attention to the underlying causes. Read what the reviews are saying and try to identify a common complaint. Once you do, do your best to resolve it constructively.
The last thing you want to do is to go on a witch hunt to find out who posted the bad review. Not only does it bring more unwanted attention to the bad review, your employees will also think negatively of the whole debacle. Hence, the best thing to do is to ignore it. Most reasonable people take online reviews with a grain of salt anyway.
