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
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.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
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.