The Final Written Warning Letter is a crucial document in Malaysian employment practice, typically issued after previous verbal and written warnings have failed to achieve the desired improvement in employee conduct or performance. It represents the final step in progressive discipline before termination, as recognized under Malaysian employment law, particularly the Employment Act 1955 and Industrial Relations Act 1967. This document should clearly detail the specific issues, reference previous warnings, set clear expectations for improvement, and specify consequences of non-compliance. It serves both as a formal notice to the employee and as a legal record of fair treatment and due process, which may be important in potential future termination proceedings or labor disputes.
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1. Letter Header: Company letterhead, date, reference number, and classification as 'Private & Confidential'
2. Employee Information: Full name, employee ID, position, department, and immediate supervisor of the employee
3. Subject Line: Clear indication that this is a Final Written Warning
4. Previous Warnings Reference: Details of previous verbal and written warnings, including dates and issues discussed
5. Current Violation: Specific details of the current misconduct or performance issue that prompted this final warning
6. Impact Statement: Explanation of how the employee's conduct affects the workplace, team, or company
7. Expected Improvements: Clear outline of required changes in behavior or performance
8. Timeframe: Specific period within which improvement must be demonstrated
9. Consequences: Clear statement of potential consequences including termination if no improvement is shown
10. Acknowledgment: Space for signatures of employee, supervisor, and HR representative, with date
1. Union Representative Notification: Include when employee is union member and entitled to union representation
2. Performance Improvement Plan Reference: Include when the warning is accompanied by a formal PIP
3. Employee Assistance Program: Include when company offers support services to help employee improve
4. Right to Appeal: Include details of appeal process if company policy allows for appeals of final warnings
5. Confidentiality Statement: Include when warning involves sensitive information or trade secrets
1. Previous Warning Records: Copies of previous verbal and written warnings
2. Performance Data: Relevant performance metrics, incident reports, or documentation of misconduct
3. Witness Statements: If applicable, statements from witnesses or affected parties
4. Performance Improvement Plan: Detailed plan outlining specific improvements required and timeline
5. Relevant Company Policies: Copies of specific company policies that have been violated
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