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 Compensation for retrenched worker, not covered by Employment Act

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TSdyingzombie
post Aug 26 2016, 10:21 AM, updated 8y ago

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Hi all,
my question regarding what compensation/benefit for worker involved in retrenchment but not covered by Employment Act?

if I'm not mistaken..in Employment Act will get these benefit.
< 2 years = 10 days salary X years of service
2-5 years = 15 days salary X years of service
> 5 years = 20 days salary X years of service

what about worker who does not covered?
Michael_Light
post Aug 26 2016, 12:32 PM

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Hi, within my limited knowledge on business law, if you are not covered by Employment Act then Contract Act 1950 will applies. Only workers within definition of first schedule, section 2 will be protected by employment act.
Sickness8
post Aug 26 2016, 12:42 PM

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Refer to your employment contract
knwong
post Aug 26 2016, 12:56 PM

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Which company retrenching? Are you affected?
TSdyingzombie
post Aug 26 2016, 03:32 PM

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thanks for reply. will try google more

QUOTE(knwong @ Aug 26 2016, 12:56 PM)
Which company retrenching? Are you affected?
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Megasteel Sdn Bhd. yes..together with around 500 others.
nexona88
post Aug 26 2016, 04:22 PM

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QUOTE(dyingzombie @ Aug 26 2016, 03:32 PM)
thanks for reply. will try google more
Megasteel Sdn Bhd. yes..together with around 500 others.
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sorry to hear..

so have u find any other alternative jobs?
TSdyingzombie
post Aug 26 2016, 04:31 PM

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QUOTE(nexona88 @ Aug 26 2016, 04:22 PM)
sorry to hear..

so have u find any other alternative jobs?
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thanks.
temporary job..yes.
knwong
post Aug 26 2016, 04:47 PM

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QUOTE(dyingzombie @ Aug 26 2016, 04:31 PM)
thanks.
temporary job..yes.
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Sorry to hear that. So what's the purpose creating this thread? Scare they don't compensate you well?

Don't worry such a big company their retrenchment benefits will be proper, if not better

FYI I was retrenched in 2008. What you can do now is prepare for the future. Continuously skill up

This cycle will come every 10 years or so. By that time at least you are well prepared
TSdyingzombie
post Aug 26 2016, 04:53 PM

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QUOTE(knwong @ Aug 26 2016, 04:47 PM)
Sorry to hear that. So what's the purpose creating this thread? Scare they don't compensate you well?

Don't worry such a big company their retrenchment benefits will be proper, if not better

FYI I was retrenched in 2008. What you can do now is prepare for the future. Continuously skill up

This cycle will come every 10 years or so. By that time at least you are well prepared
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i would say yes. need more info some more bcoz dont know the law.

retrenchment at d end of march this year, they still not pay 3 month salary for exec level as promised. thats why
mohdyakup
post Aug 26 2016, 04:55 PM

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C.c to thoyol
kaxe113
post Aug 26 2016, 05:30 PM

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as long as you are the employee doing your tasks and received renumeration from the employer.. it should be covered under employment act right
is there any other way for an employer to avoid retrenchment benefit?
thoyol
post Aug 29 2016, 10:40 AM

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QUOTE(mohdyakup @ Aug 26 2016, 04:55 PM)
C.c to thoyol
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Hahaha.. No need to CC me laa boss, I'm not the expert.

Yes, the statutory minimum payment are as per above and you might get more if your employer willing to negotiate. You need to sign an acceptance letter before any retrenchment to firm up your severance package. Else the employer might quote financial problem and just close shop.

In this Megasteel case, I don't think they open any door for negotiation. Sorry bro.. You need to raise this to Industrial Court and hopefully you will receive the promised 3 months salary.

This post has been edited by thoyol: Aug 29 2016, 10:41 AM
mohdyakup
post Aug 29 2016, 10:43 AM

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QUOTE(thoyol @ Aug 29 2016, 10:40 AM)
Hahaha.. No need to CC me laa boss, I'm not the expert.

Yes, the statutory minimum payment are as per above and you might get more if your employer willing to negotiate. You need to sign an acceptance letter before any retrenchment to firm up your severance package. Else the employer might quote financial problem and just close shop.

In this Megasteel case, I don't think they open any door for negotiation. Sorry bro.. You need to raise this to Industrial Court and hopefully you will receive the promised 3 months salary.
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Hahahaha tongue.gif

I remember there was a thread similar like this before, a GM kena laid-off. Quite interesting discussion. Too bad I didn't bookmark that thread. You remember that bebenang?
TSdyingzombie
post Nov 30 2016, 10:17 AM

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update.

finally receive termination letter on 31 august.
2 types of compensation promised by megasteel
1- bayaran ganti notis berhenti (8 weeks notice)
2- bayaran pemberhentian (20 days x years of service)
ok la fair enough for me.

the problem is until now they only pay 'bayaran ganti notis' only.
3 months later they still not pay 'bayaran pemberhentian'

normally how long employee will receive compensation money?

This post has been edited by dyingzombie: Nov 30 2016, 10:17 AM

 

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