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 Asked to resign after end of probation, & take new offer letter. Labor law issue

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TSrexis
post Jun 16 2008, 11:47 AM, updated 17y ago

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Yesterday HR summon me and ask me to sign:

- resignation letter dated end of last month
- resignation accepted letter from MD dated end of last month
- new offer letter with same pay and title, but annual leaves cut into half, starting dates changed to this month(1st June), and effectively discredited my stay in this company for more then 6 month.

I was told that this is just for documentation sake because I am changing supervisor(new manager came in) and its part of the ISO thingy. And then the manager told me that probation period cannot be more then 6 month.

Can anyone tell me or comment on this situation?

I am a little stunned when they asking me to sign these things, and I am brain storming about the real purpose of doing so;
- r they trying to get rid of me?
- do they think that i am an idiot?
- this is just some ISO practice(bullshit)

I am drilling the offer letters words by words now.

Note: Concluded issue, just added some follow ups.

This post has been edited by rexis: May 14 2009, 08:51 AM
wodenus
post Jun 16 2008, 01:46 PM

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He's trying to circumvent labour law. You will have to sign an acceptance letter only if the company is merging with another company. The rest is just BS.
TSrexis
post Jun 16 2008, 01:51 PM

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QUOTE(wodenus @ Jun 16 2008, 01:46 PM)
He's trying to circumvent labour law. You will have to sign an acceptance letter only if the company is merging with another company. The rest is just BS.
*
Can u explain it in more details?

Doc1: resignation letter which i never prepare.
Doc2 : resignation accepted by MD letter and signed by MD.
Doc3&4 : offer letter with tweaked starting date, less annual leaves, and different supervisor.
wodenus
post Jun 16 2008, 02:11 PM

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http://jtksm.mohr.gov.my/

Call them and ask.
TSrexis
post Jun 16 2008, 04:03 PM

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The reason given by management is that it is a "standard" procedure and for documentation purpose.

That:
- probation period cannot last longer then 6 months according to labor law.

I called labor dept and they say there is no such thing coz they do not categorize employee in permenant or under probation or temporary, a staff is a staff regardless what status they carrying.
vey99
post Jun 16 2008, 05:39 PM

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Do you have a choice NOT to sign?
What you mentioned here sounds like a really unprofessional way to deal with job rotation/benefits reduction, if there is any at all!
yen1022
post Jun 16 2008, 07:43 PM

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y should they given u lesser annual leaves n u seems like still can accept it. if i gonna sign anything i make sure the 1 i signing hv a better offer than my current.
TSrexis
post Jun 17 2008, 09:23 AM

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QUOTE(yen1022 @ Jun 16 2008, 07:43 PM)
y should they given u lesser annual leaves n u seems like still can accept it. if i gonna sign anything i make sure the 1 i signing hv a better offer than my current.
*
No i am not gonna sign anything. Because:

- If i sign on the resignation letter part only, which I really feel like it. I will lose all of this month salary, I still got two month worth of mileage claim there...
- If i sign all the documents, means that I am just another freshie in the company, hence all my previous efforts are discredited and denied, the company has a policy of topping up the difference of the salary upon confirmation (you work 2 month, confirm u at 3rd month and add u 100 salary, you will receive 2month x 100 = RM200)

And if I don't sign,
- they might have a contingency plan, like sack me.
- I have no idea what they going to do!

The big boss prepare the documents and then go for three weeks holiday doh.gif unbelievable, such a MD of MNC will do so many small small act and strategy just to get rid a person he don't like.

This post has been edited by rexis: Jun 17 2008, 09:46 AM
rachlsyee
post Jun 17 2008, 02:23 PM

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They can't sack you for no reason. If they do sack you, they will need to compensate you money. Refer to your original offer letter. There should state some of the compensation of this type.

Tell the HR that you did some research and ask around then mention to them that the so called "reasons" they gave you are no valid enough. If you don't feel comfortable signing them, then don't sign. I guess if in the end they do sack you, I will not consider it as a bad thing. Since it's very unprofessional for a MNC company to behave that way. You might want to consider your career prospect in there. If there's anything not legal, you can sue them. Additionally, if the MD went for 3 weeks holiday, tell them you will only sign after having a discussion with the MD to get a proper reason from him/her.
Syd G
post Jun 17 2008, 06:06 PM

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rexis, since you cant really wash ur bum bum cause they cut down the toilet paper supply, I suggest u resign lor. Summore with these docs drama - ur company doesnt sound like it cares much about its most valuable resources.
yen1022
post Jun 17 2008, 09:16 PM

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QUOTE(rexis @ Jun 17 2008, 09:23 AM)
No i am not gonna sign anything. Because:

- If i sign on the resignation letter part only, which I really feel like it. I will lose all of this month salary, I still got two month worth of mileage claim there...
- If i sign all the documents, means that I am just another freshie in the company, hence all my previous efforts are discredited and denied, the company has a policy of topping up the difference of the salary upon confirmation (you work 2 month, confirm u at 3rd month and add u 100 salary, you will receive 2month x 100 = RM200)

And if I don't sign,
- they might have a contingency plan, like sack me.
- I have no idea what they going to do!

The big boss prepare the documents and then go for three weeks holiday doh.gif unbelievable, such a MD of MNC will do so many small small act and strategy just to get rid a person he don't like.
*
well wat i dun understand is y ur annual leaves decrease? izzit ur company policy that force u 2 hv higher salary but will cut down ur annual leaves?
cognac
post Jul 24 2008, 11:28 PM

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i think you deserve an explanation of the real purpose from the boss. You don't need to sign something that you don't understand and don't like right? smile.gif

well imho, wait for the boss and ask him the real story.
azuan_az
post Jul 24 2008, 11:34 PM

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Don't touch the letter. It sounds like a win-lose situation where obviously you're in the losing side.
AHBOON
post Jul 24 2008, 11:37 PM

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hei dude~!have u sign it?~!dun ever sign it ok?!instead of signing call to labour law and ask it, they will u i promise


Added on July 24, 2008, 11:42 pmpls duplicate anything b4 u leave, including the letter u holding now, incase ok?

This post has been edited by AHBOON: Jul 24 2008, 11:42 PM
TSrexis
post May 14 2009, 08:48 AM

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I have long gone from that company but I owe everyone some conclusion and explanation. Here it is.

I have concluded that I will never sign any resignation letter, and in fact I didnt sign any resignation letter, I just sign the new offer letter, and started another round of probation, and hence, I am treated as a freshie and put below a new manager, its like starting a new job.

The story behind this is that the MD actually do not want me anymore, and he wants his new IT Manager(my title was IT Asst Manager) to take over my job completely(infrastructure). Maybe since that IT Manager is more experience into software part, he needs me for hardware and network support, so he requested to the MD for me to stay.

So this is what I get, for "documentation" purpose, a company cannot extent one's probation forever, after one extended probation, the company has to decide whether to sack me or to confirm me. So their choice is, "I resigned then they offer me another new job and I accepted the offer", below is the detailed explaination:

- Employee left the company: either they sack me or I resigned, in this case, they prepared the resignation letter and suggesting me to sign on it and hence resign from them company, so the company do not need to issue any termination letter.
- Employee sign a new offer with the company: a brand new offer letter with new probation period is being signed.

Conclusion, it is mainly a legal practice for the HR to protect the company.
Stormy21
post May 14 2009, 10:02 AM

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I see, so the conclusion is that, they are just trying to indirectly force you out of your job.
pauleta85
post May 14 2009, 10:08 AM

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i guess medium scale sized company usually do tat
TSrexis
post May 14 2009, 12:13 PM

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Stormy21, that, I am not sure, maybe you can say that they trying to get rid of me indirectly, as for sure the MD do not want me anymore, but the newly hired IT manager wanted me, so I get a neither probation extension nor confirmation, but a new offer.

QUOTE(pauleta85 @ May 14 2009, 10:08 AM)
i guess medium scale sized company usually do tat
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True, but the mentioned company here is MNC originated from Belgium.
Stormy21
post May 14 2009, 03:47 PM

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QUOTE(rexis @ May 14 2009, 12:13 PM)
Stormy21, that, I am not sure, maybe you can say that they trying to get rid of me indirectly, as for sure the MD do not want me anymore, but the newly hired IT manager wanted me, so I get a neither probation extension nor confirmation, but a new offer.
True, but the mentioned company here is MNC originated from Belgium.
*
I see, so r u accepting the new offer?
eksk86
post May 14 2009, 04:28 PM

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QUOTE(Stormy21 @ May 14 2009, 03:47 PM)
I see, so r u accepting the new offer?
*
Did you not read this part:

"I have long gone from that company............."


btw, rexis what is the company's name? I don't think it's an offence to reveal the company's name since they are using such unethical ways to 'renew' your probation period so they can rid you anytime in the future.

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