Asking this because I'm still not too sure exactly how this whole termination thing functions. Let's say your company wants to terminate you immediately. Does the company still need to pay you the X months amount of compensation as stated in the offer letter you signed with them?

The cause of termination - let's say you have a disagreement with your boss, he took it personally, don't like you, so decides to terminate you with immediate effect. Can you bring this to labour department and ask for the X months of salary as compensation? Asking because the company I work for has the tendency for doing back door jobs, or use laluan tikus to "get things done". Please advise.

Edit: never mind. I re-read the offer letter again. It said that the employer can terminate at any given time w/o compensation. Oh well!

This post has been edited by Redshelf411: Jan 4 2021, 07:00 PM

Can still go to PERKESO.

Your boss cannot terminate you because of disagreement, if he take it personally and terminate you without any justified reason, you can lodge a report at labor office and ask for compensation/reinstatement

Regardless of the employment letter, you cannot be terminated as per your description. It is against the law..

Generally, the compensation is 22 paydays for every year of service.

I haven't even served the full 12mths. 1/2 year at the most. So I don't think this 22days compensation applies.

Have you been confirmed?

Yes I have. I have a question though, let's say I submit my resignation letter and serve the X amount of months, can the company come back with a termination letter with immediate effect? Assuming I don't do anything stupid during the X months serving period.

If you to tender your resignation, company can put you on garden leave.
But you lose your rights to fight in court.

But standard company rules still apply, right? Also, I read online that after garden leave, companies can ask you to come back and join the company, which I don't want for obv reasons. Just curious that if I tender resignation, the company may give immediate termination. So...

Once you tender means you are gone.
Garden leave is to get rid of you, won’t ask you to go back
And you lose your rights.

Never a good move!

Oh wait does that mean you don't even get your salaries? Hold up can we back up a bit? Because I am not sure the garden leave I read online is similar to what you are trying to say. Mind explaining to me what your garden leave means? These are what I found:

https://en.wikipedia.org/wiki/Garden_leave
https://www.investopedia.com/terms/g/gardening-leave.asp
https://www.askewslegal.co/garden-leave-wha...-actually-mean/

Because from my understanding, if you are put on garden leave, it just means that the company asks you to stay home to prevent you from accessing company files and folders. However, you will still be paid for the resignation period. This is what I read from googling garden leave.

can always go to labor office

as long as you didnt go illegal activities or broken serious rules

they cannot immediately terminate

labor office side workers

How do we justify "broken serious rules"? Because my boss, every tiny thing is "breaking serious rules", even if it's a small disagreement over some trivial matter.

that one i confirm can argue, serious like breach of trust such as taken company money for own...leak company information to competitors....but that one also need concrete evidence

if trivial matters, follow boss wimp and fancy, labor law will protect you for sure

^ This,for termination you would get 3 warning letters then only termination letter.

Before you leave get all the evidence and bring to (ntuc I think if I remember correctly), if they didn't issue 3 warning letters then bring to court say unfair termination.

This is what I thought so too. Because what are they gonna do? Say I didn't do my work? There's evidence I did my work. When CC my boss he gets pissed (which funnily enough he said to keep him in regular loop). He takes CC-ing him our job updates as us being incompetent when it's no where near that.

Lateness? Not in the last 1 month so to speak.

Bosses be having funny approaches to termination letters when theybcannot find solid proof.

Don't care about what things he might have thought is wrong.

Most important is that you receive warning letters saying that
On XXX/2020 you were late to work, this is your first warning letter.

Because without that explicit warning letters(you suppose to get 3 before grounds for termination) you want to pursue unfair dismissal if you got terminated without receiving your 3 warning letters.

Hmm. I haven't received any warning letters from the company yet. Verbal warning, yes.

However, does show cause letters count as warning letters?

warning letters also can argue

labor office will defends you anyway

end of the day normally employer will loss more than u

true experience i saw before....

Show cause normally is for you to justify why you did this thing.

Eg : show cause letter why you late on xx date. Then you would reply I wasnt late but xxxx.

They can use it against you but not sure how effective in the eyes of labor law. Either way back up all the conversations you have

Right I see. Thank you mate.

Can we use phone recordings of what mywork info my boss disseminate to us? Like for example, I find that my boss commonly love to ask us to do things his way, but when we present it to him, he'd twist his words and say "I never said that", "I never asked you to do like that". When you try to trace back and remind him of the conversation, he'd "buat tak tau". So will a phone recording of what he wants us to do considered legal in this case? Since knowing my boss, he can twist his words easily.

If the termination is not according to procedure, u can go to industrial relations to seek advice. They will take on ur case and contact your employer and have a meeting btw u 3 for a resolution either compensation or reinstatement.
If cannot, then industrial relations will escalate your case to human resource ministry and and they will try to
Mediate failing which will go to court.

I think you should keep it professional la. If they want to fire u, just go industrial relations and try to sort it.

In court only air dirty laundry ba

The meeting between the boss and us often ended with the boss having the final say. In this kind of cases you cannot win as an employee, as bosses often have a "god-like complex". Until the very last day it will always be the bosses' and managers' word against yours. However, the only way to have any kind of recompense is to have very solid evidence, which is close to impossible in cases like these.

Whatever evidence I have on me now isn't solid.

i have yet to see a manager or superior who can take his/ her subordinates criticism lightly. even angmoh are proud managers.

but if the manager want to immediately terminate you, the fastest way is to look into your KPI (if you are a poor performer). otherwise they will resort into pressuring you with tons of work. looks like a poor excuse to terminate someone with different opinion. funny thing is, does the HR agree with your boss and seek you?

however, if you are not in good terms with your boss, best thing to do is to leave the company. after all, your management needs him to continue the tasks at hand.

This post has been edited by klch87: Jan 5 2021, 05:19 PM

Even if poor performance the employee needs to be given warning letter and on a performance improvement plan. After these steps taken only can terminate.

Ts, why don’t u just grit your teeth and find another job in the mean time? It’s not worth it imo

In event of covid19 my old colleagues were terminated based of reason poor performance.

So yeah it may happen

I have already tendered my resignation in this last week or so. I don't think it's worth staying in a company where my boss and managers have no "black and white" way of doing projects. I may have mentioned somewhere (or not) that my boss loves to disseminate work and projects verbally. When you follow up with the updates or the finalised project with the boss, he can pusing lagi say "I never said that", "I never asked you to do that way". etc. And it's difficult to proof otherwise because there's just no "black and white" to proof that he said otherwise. We can send an email or whatsapp (in the company WA group) and rectify with him. However, 95% of the time it's ignored. Sometimes he can go back to saying "I didn't pay you to keep asking me questions like these." Not gonna lie this whole thing is getting stupid, because my boss just obviously don't want to work with us.

Worst case scenario when I leave this company, I still have my freelance work to fall back on. It's the only other income I can sustain myself on after leaving my day job.