Hi guys,

Recently my bank offered me VSS and I took it after a mth of persuasion from my ex boss. My ex boss told me company is redeploying staff and that he would need to lose some headcount. He say he is willing to take up my work as sacrifices need to be done to ensure the company can survive.

Since he has been clearly highlighting he want me to leave and I also did not want to stay as i believe not much future as both of our working personality is very different. He is very kiasu and has sometimes potray that he is afraid I'll take our his post soon. He is only one year older then me. So i took the offer and hope I can get a job withhin the next 6 mths. But what make me piss recently is that now after two weeks I left the bank he is telling everyone he looking to replace my position and willing to pay big $$$$.

Can i sue the bank is they get a replacement for my post under VSS scheme? Any lawyers in lowyat wanna offer thier services. Is a foreign bank and my position is quite ok.

really sorry to hear that.. have you tried contacting the HR department and tell them this case?

do i contact hr now or after they get the replacement?

sometimes i feel being the nice guy alwiz = being the stupid guy.......felt shld have wait and let retrechment come in.....i'll get compensated the same amount...

now feel my boss just play on my naivety to get rid of his competition....

they offer u retrenchment letter to sign off? if u already signed, i guess u cant do much...since u already agreed to take the amount n quit...correct me if im wrong...

dont think you can do much now as you are the one willingly to sign the VSS letter.. since you yrself said that you won't have much future in the bank, y do u still wan to care about what's goin on there?
better concentrate on finding new job..

what you can do is find new job. while doing that, do write in to inform HR and his boss on the matter.

and hope the higher boss will look into this.

Else nothing much you can do.

Yes you did sign a VSS contract so nothing much can be done.

Obvious he took you for a fool and succeeded in getting rid of you so that he can hold on/progress in his job.

This kind of people really not scared people avenge against them. One day if he pick a wrong guy he may end up getting injured or some sort.

Like what they say what goes around comes around.

Unless you can prove that they are re-hiring for your old position, you have no case. However, I'm not sure if you should want your job back because:

1) He is your boss
2) You're not working in a positive working environment

Typical Malaysian work environment.

People playing behind each other back culture.

my previous company.. vss this girl. the reason, her position was not required anymore. then after vss, they transfer other hot ass girl to previous girl's position.

all of us think that the HR boss is hamsap one.. vss my ass..

as far as i know for retrenchment the bank cant rehire unless offer the retrenched person a job first..... as the law protects the employee but i am unsure for VSS.....i am not wanting the old job back but am dissatisfied the reason I got into VSS......

they tell me need to cut headcount and no $$$$ now they hire new person with more $$$$....

and I cant do shit? wa thats unfair......I am so stupid thinking vss was good for the company and me.....seems only good for my ex boss....

just feel so conned......

This post has been edited by buffalowings: Feb 19 2009, 07:39 PM

sometimes, VSS serve others well.. i have a fren who took VSS as he already receive another job offer. he's getting paid to resign..

The V in VSS stands for Voluntary. Therefore a VSS is legally no more than a scheme to motivate employees to volunteer their resignations.

Retrenchments are due to role elimination or redundancy. The employee does not volunteer himself for retrenchments.

If it's a VSS agreement you signed, you have no recourse.

One exception though: a VSS must must be offered to an entire group/class/dept of employees and the target number of acceptances must not be 100%. If the company receives a take up rate of 100% (ie. everybody in the target group takes up the VSS) AND then accepts ALL of them - then the exercise can be deemed to be a retrenchment, as the company has effectively eliminated an entire group/class/dept.

This post has been edited by seantang: Feb 19 2009, 08:02 PM

Back to the TS's case.

Can it be deemed redundant when his boss got rid of him and replaced him with another person?

That is not REDUNDANCY that is finding ways to dispose of him.

TS said VSS, not retrenchment due to redundancy. Under VSS, it's perfectly alright to replace the person who took up VSS with a new hire.

The boss can say, after VSS, company gave new direction, hence need a new person to join.

You blow ah?

Working life is like that, it is never fair.

We don't know what happened in between. His boss may have persuaded and bugged him daily until he gave in to sign then his boss pulled the trick.

Yup it's never fair but be reminded that people who do bad things the day will come for the bad things that you do.
You lose your reputation, and risk yourself getting avenged.Never know yeah, there are lots of mad and frustrated people on the streets these days.I just saw 2 customers fight in a kopitiam just now during dinner over a seat.

This post has been edited by thechetticompany: Feb 19 2009, 08:29 PM

that why you must inform former HR and his boss, even you dont intend to go back you can change his reputation.

I think you can try to find lawyer and not graduatee can win case. It is because they know how to play law compare with you. They have many money but you don't.

I understand how u feel..geram and betrayed.
Take heart that you are not alone.
There are all sorts of political moves and back stabbing in many work place .
The organisation is more of a political one than a business concern.

I am not at liberty to disclose what happened in my work place.
The things that top management resort to is just disgusting.
Many were pressured into resigning, then they trickNed senior staff into accepting transfers to "Timbuktu"
and the list goes on.

don't think so much. just take money, enjoy holiday and find other job. y u wanna to sue? just becoz of not shiok? just forget it, if u continue working there, u also not happy....continue ur life do something more meaningful.

1. perhaps they found a better person (in what way, we don't know).
2. perhaps there was really a reduction in overall head count so they could establish #1.

pity of u.
learn from mistake dude...

dats real dirty way to get rid competitor..however, u r sure they r hiring new guy replacing u?

AFAIK, they reduce headcount by like get rid 3 or 4 people, but then replace them wif some1 capable of doing all those 3 or 4 person workloads...correct me if im wrong..

neway, better concentrate on finding new job TS..gud luck~!

I really pity ppl who was asked to leave & still jobless now coz I am also afraid I will be the next victim soon. My mgr knows I can work better than him & I can replace him anytime coz i am the asst mgr after him, I understand your situation.

Back to yr case, if the bank offerred u VSS, then the bank must apply/notify Labour office about the VSS. If they really follow labour law, VSS must take out all foreign workers first (I dun think there is FW in your bank), then follow LIFO. Since they offerred u VSS & your mgr told u that he has to take over your dutites, then it is fine coz bank needs to survive by cutting some headcount for cost saving.

But once they recruit new staff to replace your post, then they dun really practice VSS, u can report to labour office about this matter. You must report after they employed the new staff then let the labour office to investigate the case. But bank has lawyer to help them to settle the problem.

Anyway, if I were u & they really employed someone to replace u, I will report to labour office regardless what is the consequences.

Just wan to ask. Can the company be sued for giving out VSS and hire ppl back? What if they said they are hiring those ppl with lower monthly pay? That saves cost 2 ma.

i dun think they can..once VSS is signed, consider employee agree to left the company..they got compensated neway...then, the company hire newcomers..

why? as usual..reorganization/restructuring...

logically you got conned big time by personal level by your superior
technically, you just accepted VSS, cannot wanna sue?
the supervisor may always argue that things were not good back then and he asked your for VSS
and things got better after you took the VSS and he is desperate for staff so he had to hire with high $$$
so how can you sue him

there are a lot of things cannot always be written black and white
unless of course the VSS has like disclaimer that the position will be removed
in that case it may be illegal unless the company (since it is listed) can prove why they need to make the position available immediately.

as for your case (assuming you are telling the story 100% accurate and that you could not sense the politics there)
you need maybe some sympathy and maybe you are unlucky
that being said, i cannot believe it happened in a bank
like you said, it may be an optional VSS available
your superior may have conned you into taking it
you should checked around before taking...

As I said, u can report it to Labour Office coz they can't get ppl to replace your current post even with lower pay for cost saving, but we dunno how effective the Labour office investigate & take action on that case