❓ Employees "frequent leave, poor performance..." Can employers lay off?

Or risk being sued?

Many entrepreneurs have encountered this situation.

Staff, frequent leave, jobs rarely walk, work doesn't improve.

But the question is...

If you decide to terminate, will it become "unfair termination"?

One case in which the court considered the matter was

Specialty Court of Appeal Judgment No. 48 / 2017

The case gave the owner a very important lesson.

📌 Story of the case (easy to understand summary)

👨‍🏭 Employee has worked as a crane walker for years.

The problem is

• Employee. Very sick leave and business leave many years in a row.

• Performance evaluations at the level must be improved (C) for 4 years continuous.

• Employers have issued a warning and have entered the job improvement program.

But finally...

👉, the work hasn't improved.

So the employer decided to dismiss

The employee then sued the court, saying,

"Unfair dismissal."

📊. What did the court decide?

The Court of Appeals for Specialty Cases considered that

✅ frequent leave, even legal entitlement.

But if too much hits the job, it's a determining factor.

✅. Low performance for years.

It represents a decrease in performance.

✅ employers have given opportunities to improve.

Warning and entering development projects.

So the court deemed that

👉 This dismissal is reasonable.

👉 Not considered an unfair dismissal.

💡 Insight for Business Owners

If the employees do not work well or leave often,

What matters is not "immediate dismissal."

But the procedure before termination.

Should complete, such as

📊 Keep the data clear.

• Coming to work statistics

• Leave statistics

• Evaluation results

📄 There's a written warning book.

📈 Provide Improvement Opportunity (PIP)

📝 clearly stated the reason in the termination book.

If there is complete evidence

The likelihood of disputes will also be much reduced.

👉 This material is general information, not case-specific legal counsel.

🧩 a problem that entrepreneurs often encounter.

Time has a labor dispute.

What the court asked first was,

"Is there any evidence?"

Such as

• How many days do employees come to work?

• How many days of leave?

• How many absences?

• Do OT?

If these data are scattered,

The operator will be very tired when he has to gather.

Good time recording system

So it makes everything clear from the beginning.

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Ready to take care of every day. 😊

# Labour law

# The owner must know

# Staff management

# HR for business owners

# Digitalscan