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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
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.
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.
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
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.
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
*
True, but the mentioned company here is MNC originated from Belgium.
TSrexis
post May 15 2009, 08:47 AM

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eksk86 is a careful reader, pay attention to him smile.gif

QUOTE(eksk86 @ May 14 2009, 04:28 PM)
btw, rexis what is the company's name?
*
It is meaningless to reveal that company, its being bought over by another firm anyway and most of the management changed. Most of the IT personel including the new IT Manager and the whole singapore team jumped.

QUOTE(choongyouqi @ May 14 2009, 06:18 PM)
I read the probation rule in the document for a company I signed:
"you should undergo a probationary... for 6 months... During this period, emplotment may be terminated by either party giving to the other part one week notice or salary in lieu of notice WITHOUT assigning any reason(s) watsoever.


Added on May 14, 2009, 6:20 pmso, atleast TS previous company still hiring him back when the company no longer needed him in the current position.
*
Thats the beauty part of probation. Company and yourself can sack each other anytime.

Of course they needed me, I am still useful.

Btw then, people only learn to appreciate things when they seen worse.

QUOTE(Core- @ May 15 2009, 12:59 AM)
actually can we choose not to sign any of all those document said by TS???
resignation and offer letter, both dont sign.
*
I signed the offer letter because HR threaten me that there will be no salary by end of month because I hv no businesses there.
TSrexis
post May 15 2009, 11:41 AM

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Thanks JC for the invaluable opinions.

I was not reassigned with another duty, but just retain my duty and supervised by a new boss.

As I mentioned, I moved on, being unhappy, also for the fact that the company sold and nearly the entire IT team dispensed. So, as you mentioned, "Every single individual is dispensable", I couldn't agree more, and that work in both way, every employer is dispensable too.
TSrexis
post May 15 2009, 04:37 PM

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QUOTE(Joey Christensen @ May 15 2009, 12:02 PM)
Hmmm...since it's that way, I'm sure yu are well aware of your current situation from the Management and your IT Manager. I do hope yu'll able to make ways out of this. Anyways, yu are talented and well equipped with skills and I'm sure there's an employer that appreciates yu better.

Well... for the quote, it's quite true. It's applicable to both ends. EmploYEE and EmploYER alike.

Cheer up!, Rexis. Don't let this matter bog yu down. So what's your plan from ere?

Regards, Joey~~~
*
Sigh~

Thanks for the juicing up, I need it. I am with another employer for a while and again, they do not want to confirm me, details here, I am being offered with monthly contract job. That is, however, off topic.

But that is also why I know this topic case is some labour law documentation gimmicks.
TSrexis
post May 20 2009, 08:48 AM

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QUOTE(sweet_pez @ May 16 2009, 12:43 PM)
Oh no rex, you're having such a hard time! Regardless of new comp or previous comp... Did you critically assess the situation and check what's wrong? Is it because you underperformed to company's expectations or you're really having plain bad luck so far?
*
sweetie, maybe you are right. Bosses like those who wanted to throw his laptop out of the window just because the wifi signal is weak, or those who thinks that his PDA is more important then the main server... or I have too much to complain about. I had a conclusion thou, it doesn't really matter how good or bad you perform, as long as you keep your superior happy, you are good.

Technical things like remote desktop won't help you work more efficient, the most efficient way is to walk all the way to the opposite block, walk pass as many times as possible with a lot of papers and some keyboards in your hand in front of your users, stare at the server while it restart for 20 minutes, just to show that you are working very very hard to fullfil their request.

 

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