Dear All,
A close friend of mine (not me, srsly) has tendered her resignation from the company not too long ago.
The resignation has been accepted and her last day and notice period was informed to her a week after the resignation. She suppose to serve her notice up till mid of August.
However, just after the raya holiday, she was told that she has been relocate/transfer and assigned a "special task" to an store outlet reporting to store manager under operation team. She is a HQ senior exec level staff.
Her superior verbally claim that such changes are due to 'conflict of interest' but never justify the misconduct she has committed without solid proof/evidence.
Such changes is deem as a serious demotion, insults and inconveniences due to the fact that she travels to work straight from walking to LRT nearby house and the LRT will be able to reach her office straightly.
Her offer letter clearly stated her as HQ staff that clocks in at 8.30am and out at 6.30pm as a senior exec. level staff responsible of doing merchandising/buying task but also she company has the right to ask employee to transfer. But did not include clause that states the employee must be able to travel, as she is a desk bound job.
The reassignment/transfer will be a major variation from her existing job scope and no official memo was given to her. Only thing is a JD. She was told to clock in at 8.30 at HQ but disallowed to enter office and then travel to the assigned outlet and wait for the shopping mall to open at 10am then she may allows to leave at 6.30pm. This is considered lenient as they deserve the right to ask her to follow the operation shift time of 10am to 10pm.
To her, this is completely unacceptable and she ask to leave the company immediately. The company then without hesitation offer her 2 optinos. Option 1 being that she leaves immediately but without salary/compensation pay-in lieu up to the last day of her notice period. The company will only pay her until the day after raya and the balance of her AL.
If she refuse, then she must take option 2 and go to outlet store to serve her remaining notice period there and disallowed to enter the HQ office. This utterly absurd arrangement and a trick by the company to force people out without paying them the compensation.
Because of the transfer and reassignment is done in such a short notice and the nature of it being a serious demotion and variation from the existing job plus an insults to her, in a way it is a dismissal forced by the company instead of the staff asking to leave.
Anyone know what is her rights and would it be fair to demand the company to compensate the salary up till the last day of the notice period?
Thanks
Would like to see what's going on now with your friend; which options she choose.
I've just recently resigned a local company to work overseas. First, it came to my shock, Hasil taxed so much, like basically half of a month salary. That's ok I already move on. Then when I work overseas I found out that when you resign from a company, according to the law the company is compulsory to provide a certain amount of money as "appreciation". Like 10 years of working entitled for 10 months salary. What I want to know in Malaysia, is there such thing as "appreciation" money after you resign?
*I've been in the company for 12 years
Malaysia does not practice that. That's considered a bonus if the company gives you that kind of entitlement.