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 Voluntary resigned or terminated due to PIP

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TSyear2020
post May 18 2020, 11:37 AM, updated 6y ago

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Hi all,

Would like to get some advice. This is for my wife. She’s working as sales in 1 of local bank in Malaysia. Been working there for the past 6 years. She’s already permanent staff. One extra piece of information, my wife is now pregnant and due to deliver in mid-October.

Basically she has to meet 70% of sales target in order to avoid PIP. She already failed to meet this target back in Jan and Feb. For March and April, there’s no need to hit the target due to Covid 19. So May is the final months for her in order to hit this target (she will need to hit the target in June as well in order to exit PIP).

Her direct manager is supportive but there’s not much he can do. If my wife can’t hit the target this month, then HR will asked her to tender resignation rather than terminating her. Below are our concern.
1. If she tender resignation as per HR recommendation, then she will lose out on EIS benefit (My concern). I do believe that if terminated by HR then will be able to claim for EIS benefit, please correct me if I’m wrong. She just need to prove that she's actively looking for job however I doubt any employer will want to employ her when they realized she's pregnant but this is not her fault as she's still will be actively looking for job.
2. If she get terminated instead, then this kinda leave a bad record for future employer (her concern). As recently jobs in banking industry go through stringent process and definitely new employer will check with current HR. Termination does sound bad compared to voluntary resigned.
3. Either way, she will not be able to find a new job due to being pregnant and how the market situation at the moment. I foresee if 1 or 2 happened, then the soonest she can start working is mid December/early January.

Any advice is appreciated. Thank you all.

TSyear2020
post May 18 2020, 12:49 PM

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QUOTE(burninvincible @ May 18 2020, 11:48 AM)
Get termination. EIS & compensation benefits
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This is my thought too. However when you said compensation benefit, what are you referring to? Is it like payout to employee because working for certain period? But if terminated due to PIP still can get this?

QUOTE(InitialB @ May 18 2020, 11:51 AM)
Just wanna ask, how many kids you have since she took this jobs.
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May I know how is this relevant to the situation? But if it does, I'll personally PM you afterward. Not comfortable disclosing it to the public.
TSyear2020
post May 19 2020, 12:32 AM

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Wanted to reply much earlier but couldn't due to in probation.
QUOTE(InitialB @ May 18 2020, 01:33 PM)
It's relevant bro.

Imagine you're the boss. You own the business.

1. Do you want to pay free salary ( maternity leave 60 days? or now 90 days?) for a staff which is pregnant 3 times during 6 years services and perform well.

2. Or do you want to pay salary to a staff ( maternity leave)  only one time during 6 years services and performing well as well.

3. Or do you want to pay a staff whom, never sick, never taken maternity leave at all perform the same as well.

I would say you will preferred 2 & 3.
As you said because of MCO , your wife could not met the sales target. Sales position is about figures.

Some sales person that i've know can close a sales even through telemarketing and without attending to customer face to face. They are very good.
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I see. I understand your point here from the bosses perspective.


QUOTE(burninvincible @ May 18 2020, 03:14 PM)
Termination benefits according to years of service. If your wife about to deliver, some co will pay in full the maternity leave.
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Got it. I did look up a bit about termination/retrenchment/compensation benefit. Since more than 5 years, then every year the compensation will be about 20 days of pay. From my reading, even if my wife got terminated due to performance, she's still entitled to compensation benefit because it's not like she broke the law. The one thing I'm not sure is termination due to performance can still apply for EIS or not.

However, I will still check with Socso and Labour Department within this week.

QUOTE(silverwave @ May 18 2020, 04:57 PM)
How long has her company been contributing towards EIS? If 1-2 years, i don't think it is much.

On point 2, i have the same concern too and it's best not to burn bridges while trying to secure another job. HR these days are well connected.

Not sure if the company is willing to give VSS where she is paid according to the years of service. Best option if she can get this.
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Should be right from the start, so around 2018 i believe?


QUOTE(cringe @ May 18 2020, 06:38 PM)
You as a husband cannot support her for a while?

Why die dies still wanna ask her to find a new job during pregnancy period? Give her a break.

Let her resign and focus for a while with the baby.
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Well, to be honest, my salary is not that big and I'm supporting my parents (not too much) and my wife is supporting her parents and her sibling in university (this is quite a big % of her income). Without her income, our cashflow will instantly turn into negative. We do have savings but I don't think it will last that long like more than 6 months.


QUOTE(abc2005 @ May 18 2020, 07:18 PM)
Let's put yourself in your wife shoes. What would you do to get the most out of the above situation?

1) Are you going to get bullied into resignation because of HR pressure?
2) Are you going to stick to your existing post until further action is taken by either party?
3) Are you going to seek alternative solutions in other departments instead of constant pressure of sales target?
4) Are you going to lodge a case with NUBE if situation worsens ?

The choices are aplenty. Make the choice wisely and gainfully by referring  some sort of game theory into this...and most of all, don't bow to pressure.
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Well not possible to change to the different departments when still under PIP. And from what I heard from my wife, due to this Covid19, a lot of contract staff won't be renewed . The bank will just keep the minimum staff required to keep the operation running.

Anyways, some of you mentioned about burning the bridge/bad record.

Can you guys explain more why is it like burning bridge if she does not resign as requested? From what I see, even if she voluntarily resigned or even if she got terminated, future HR will still do a cross-check with current HR. Even if she resigned/terminated, it's still due to non-performance. Or is it like, the current HR may say bad thing because my wife refuses to resign just to spite her? I'm trying to understand this better. This is my wife's biggest concern.
TSyear2020
post Jun 25 2020, 08:57 PM

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Hi All,

Just wanted to provide update. At the end my wife will voluntarily resigned and July will be her last month. Some of the suggestion here really good and although I was stressed out due to this situation, I think it turn out okay at the end.

Thank you all for all the suggestion and advice.

 

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