QUOTE(Ninjitsu @ Apr 7 2014, 01:09 PM)
I was asked to 'look for a job elsewhere' by the boss through Watssap late last month. I complied and handed in my resignation letter 3 days later, giving 2 months' notice according to my employment terms. The job was stressful and the boss was playing the blame game on me.
The company has several Watssap chat rooms discussing about work with the boss. The blame game got so bad that I snapped. I posted a very long account in the Watssap chat room reasoning whatever happened was not my fault, quoting the truths and substantiating with evidence. No profanities. The boss immediately replied through the chat room that I need not have to come in to work the next day.
Now, I have a few queries:
1. What do you make of this method of dismissing the employee?
2. Right now, the company is supposed to pay me 2 months' salary in lieu. Can they like pay me end of 2 consecutive months or must they pay me immediately in a lump sum? I am still holding the company's keys and access cards.
3. The company still owe me expenses claims arrears for 4 months. Can they pay me progressively or do they have to pay immediately in a lump sum?
4. The company has been deducting employees' portion for EPF contributions but has been late in making payments to EPF. Delayed for 4 months already. Is this excusable?
Any responses appreciated...
1. What do you make of this method of dismissing the employee?» Click to show Spoiler - click again to hide... «
If you can show that watapp is a customary method (or even Facebook) to communicate in the company, such action by your boss maybe construed as a form of "dismissal". Put it in another way, what if your boss tells you verbally to "go look for another job". Then again, it may be arguable i.e. your boss may turn around and say it wasn't me who typed it.
2. Right now, the company is supposed to pay me 2 months' salary in lieu. Can they like pay me end of 2 consecutive months or must they pay me immediately in a lump sum? I am still holding the company's keys and access cards.» Click to show Spoiler - click again to hide... «
According to yourself, you mentioned that “..I complied and handed in my resignation letter 3 days later, giving 2 months' notice according to my employment terms…”. From the looks of it, you won’t get anything except for your salary. You will serve out the notice period, assuming you are still physically in attendance in the work place. If you have gone AWOL without any reason at this point, you may be deemed to be in breach of your notice period and ultimately you won't even get your 2 months salary that you are entitled to under your notice period.
To be honest, I think you tied a knot and hung yourself. In normal circumstances, if my boss tell me to resign. I will ask him for a letter in writing and I won’t tender my resignation until I am force to with very good reason. In your case, you tender your resignation on your own accord, albeit you can still argue that there were vitiating circumstances that made you do what you did.
If you don’t return the company’s key or access card, it is possible they may be able to lodge a police report as certain items of the company is held by an unauthorized person.
3. The company still owe me expenses claims arrears for 4 months. Can they pay me progressively or do they have to pay immediately in a lump sum?» Click to show Spoiler - click again to hide... «
Well, if everything is order. All outstanding monies to be paid to you upon expiration of your notice period.
4. The company has been deducting employees' portion for EPF contributions but has been late in making payments to EPF. Delayed for 4 months already. Is this excusable?
Any responses appreciated...
» Click to show Spoiler - click again to hide... «
You can check on EPF website for re-course OR for further information, see:
https://forum.lowyat.net/topic/887298 under section 3.3.2. Should be helpful.
Need further advice, try checking with labour department.sorry typo prone today (actually every other day.
This post has been edited by aurora97: Apr 7 2014, 02:04 PM