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 Forced to resign.. Sad

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CareerSifu
post Nov 19 2019, 09:34 AM

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QUOTE(Hantulang @ Nov 18 2019, 09:07 AM)
Hi All,

Due to my company bad performance, they are reducing workforce and my number is up. Manager call me with HR and inform the decision. They would like to know my answer if I would want to resign voluntarily or being terminate by the company. They told me, resigning would be a better option for me as it would look good in the CV and to my future employer. Im a full time  staff and just been confirmed on employment in March this year (join Oct 2018).

What is my option? In my employment contract when they hire me, either party can resign or terminate with 1-month notice or 1-month paid salary. Can I get anything else if they terminate me? Is there any minimum compensation by malaysian law that the company need to full fill? Or can they just terminate me by only paying the 1-month salary?

Its MNC company based in Germany. Dont have local office but have local office address. My HR is in shenzhen.

Please help. Really sad and dont know what to do now. Been doing all regular stuff (update cv, jobstreet, linkedin) hoping to get hire before they fired me.

Thanks guys
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Because you probably aren't paid less than 2k a month (to be covered under Msian employment law), employers can terminate your employment due to financial difficulties on short notice with no compensation. What matters in your case then is what is stated in your employment contract about business downturn/company reorgs. Understand your point about the 1 month notice or 1 month pay in lieu but go check and see what is written about VSS/MSS packages in the event of a company retrenchment.

Unfair and unprofessional for your HR (in Shenzhen no less so I don't expect them to know much about local labour practices hence the encouragement that you resign) to act in the manner you describe. As far as your CV is concerned you are good. I interview candidates all the time and find the 'company downsizing / retrenchment' reason for leaving to be the most legit. Literally every company goes through this cycle as far as I can tell.

So don't be pressured to resign. Talk to a lawyer to find out what your specific rights are in this context, again what is stated in your employment contract will matter a lot as that's the only official law between you and your employer. Threatening to resort to taking this case up to the IR court might help as it almost always rules in favour of employees especially if you are documenting your communications with HR/your boss about being forced to resign.

I think what you really want out of all this is some kind of compensation (eg. 1-1.5 months salary for 12 months of work per standard MNC VSS practice) which is actually open for negotiation. Most of the time employees just don't realise they can negotiate their severance package. So state your rights, try to maintain open lines of communication with HR, it almost helps that the HR isn't based here as it gives you extra leverage for negotiating and threatening to go legal if they refuse to even have a conversation about severance package.

Besides, taking up a case like this in an IR court can take a long time and the company could very well end up paying even more than they expected, so if they are smart they will look to settle before this even goes there.

Tell them you have a family to feed, monthly commitments, etc. legit reasons for needing the money to tide you over while you look for a new job. Remember that Q4 and 1 of the year are very slow quarters and typically far more difficult for job seekers. So anticipate at least 6 months of unemployment.

You also want to leave on a good note rather than on a bitter tone, esp. if you might need references from your current boss in the near future. So be polite but firm and definitely go find out what your rights are as an employee, scrutinise your offer letter, ensure everything said and done is being documented in writing, and do things in such a way that you'd be able to justify to any future employer.








CareerSifu
post Nov 25 2019, 12:06 PM

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QUOTE(Hantulang @ Nov 24 2019, 10:29 PM)
My manager have issue.The quota set to me for 2019 is not realistic knowing the performance of SEA for the past 2 years but since Im new and just join in nov last year, I just agreed. True enough, until Q3 this year, my quota only reach 55% but overall still better than last year in this market condition, so I dont understand. My manager is under pressure also to performed because of the number he promise to management. Im the 3rd BD manager in 4 years (the other 2 resigned because cannot stand my manager work style and method).

To the question of PIP, No I have not been put into PIP. Just terminate due to retrenchment/restructuring. Even in my termination letter stated that the termination is not due to my performance. So Im not sure if PIP is needed before company can re-structure and do retrenchment. Please enlighten me.
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Agree with someone else's post earlier about how your employer needs to submit a PK form (notice of retrenchment) to the labour office soon, but that's not your concern for now.

And no, a PIP isn't required as basis for a retrenchment exercise (only in cases of termination).

Believe you might be able to challenge the retrenchment, esp. if you can prove that targets set were unreasonable and you still outperformed market conditions, or that you are in fact the only headcount being retrenched, etc. Go lodge a complaint with the Director General of IR to challenge your company's decision, and the burden is on them to prove their actions. Feel that given you're indeed being served the absolute minimum a company needs to provide legally (10 days salary for under 2 years of service) - the shittier end of the stick, you also have nothing to lose by trying to take it up with the industrial/labour court.

Good call on enquiring with EIS already as I believe there are unemployment assistance claims you can begin making once you leave this company.

And of course, you should be moving on by now to think about what will happen in the next 6 months. Take time now to spruce up your resume and LinkedIn profile, leverage your network (it sounds like you should have pretty decent work history with reputable companies in the past) by talking to ex-bosses/colleagues to find out if anyone is hiring as the referral network is your best bet, and apply aggressively in MY/SG. The more interview practice you get the better you should fare.

All the best with the job search! Would be a very trying and scary period to go through as an adult (esp. if you have family and other commitments) but it sounds that you are mentally ready to take it on and are trying all possible options and alternatives.

To continue motivating yourself and ensuring your sanity remains intact, aim to spend not more than 2 hours a day applying to jobs. Spend the other hours of your day doing stuff you've always wanted to do but never found the time for due to your full-time jobs. Spend time with family, pursue hobbies, take online courses, pick up more skills, blog/build thought leadership (which is a great networking tool), travel, try out the gig economy, and just as importantly - perfect your resume, reach out proactively to recruiters/potential bosses on LinkedIn, practice your interviewing skills, keep up with the news in your industry, etc. The job market usually heats up a lot more by Q2 and 3 so fret not if you don't hear from employers right now.


 

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