Dear All Forumer,
As a worker for 10 years in varies company and knowing how the retrenchment or release process works. I am here to share a real case senario so that we all can discuss how we can protect ourself if the company does not treat the employee fairly when come to retrenchment. I know there are alot of company that are good and providing fair amount for their employee retrenchment, there again will have some company that treat the employee unfairly.
(I will not disclose the company name and some details but will disclose enough information in the scenario so that we forumer can understand and find a good way to protect yourself when come to such cases.)
Below are the details of what i have been through and what i have done to protect myself:
Number of staff in the department: 1 (i am the only one in the department)
Years of Serving: 3YR
Position: Senior Executive
Salary: >RM3000
Scenario: At 7-Apr-2016, APAC manager approach me and bring up the news on i being release from my position starting on 7-Apr-2016. I was shocked and asked is this an planned processed by the management and what is the reason of my release. The answer from him is "Management have decided to cut down head count and reorganize the organization structure. And also because there are not much job/project to handle in this region." For this reason i have no choice to accept the facts that really there are not much progress for the company pass 2 years, so i think is ok to accept it. After that i asked "what is the term for my release?" and he say "you will serve a notice of 8 weeks and performing the handover to out source staff." Then i asked him "how about the "compensation" of my release?". He just say "you need to talk to HR department for this". Then by now i only have an verbally informed that i am release and serving 8 weeks notice. For the "Compensation" will need to discuss with HR department.
The next day i meet up with the HR manager who is coming visit from Singapore and discuss with him. Starting point of the conversation i requested that i need to receive a "Letter of Release" and "Final Salary Statement". HR say they will provide in one week time, for this i am unsure and unsecured as the HR does not disclose how the calculation of the my last date and also what i receive as "Compensation". With the sound from my APAC manager and HR, their meaning now you can start to find your new job. I was puzzled which if go for any interview from other company my leave will not deduced? I asked again to HR manager and he say if you go for interview your leave will sure be deduced. One hand HR say they will contrast all Annual Leave i have and then now tell me if i go interview or absent for a day the Annual Leave will deduced. I feel liked being play.
From there i keep pushing HR to give me the letter to sign ASAP and he keep delay it, time passed already 4-May-2016. There are no sign of the official letter yet and also unknown on weather i am getting any "Compensation" or not. I am in a stress and uncertain situation, so i go to Labor office to consult the Labor office officer. Below are the conversation between me and the officer:
Me: officer i need your help, i have been retrenched by my company starting last month 7-Apr-2016. i have not receive any official written letter and only receive the information through verbally. i like to know what i can do to protect myself.
Officer: how much is your salary?
me: >RM3000
Officer: for this you are not covered under the rules (Akta), for this the company can release you from your position anytime. This is their rights even the reason seem not acceptable.
me: even they say they are cutting head count on me and Hire a manager level foreigner?
Officer: Yes.
me: for this i feel unfair. cos until now there are no information about any "compensation" will be given by the company or not.
Officer: for this you need to refer to your appointment letter that you sign and what it is stated in site the letter. if in the letter there is a statement that say when the company terminate you and you will receive a compensation then you will entitled to. if they are not paying you anything then from there we can file the case and proceed with the process. for now there are not yet any indication or the case is not happen yet so there are little things we can do here. you need to wait until the official letter and also the information is given to you. then from there will need to see what can we do.
Officer: with current information we still not able to get a strong case against your company. so if you still feel that the company treat you unfairly you will need to wait for all documents or official letter given and received, then you can come back here or go direct to Industrial Relation department to do the filing of case on "Unfair Treatment" by the company.
me: many thanks i understand now
up to today 5-May-2016, i am still waiting for the official letter and feel uncertain about my situation.
From Here anyone know how to moved on from here? cos really not much can be done from my side but "Waiting"
hope to hear some info from your forumer.
Lets share............
Retrenchment or Release from Position by Company, Retrenchment or Release (Protection)