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Short notice termination and during my last month of pregnancy

Sally
Member
Sun, 20 Mar 2011 04:49:24 PM  (Last updated: Thu, 24 Mar 2011 01:09:19 PM)

Dear Sir,

    I was inform by company last week that company decided to close down my department and they do offer a separation package.

   I am now 9 months pregnancy, going to deliver next month. Company would like me to submit my resignation to the company and terminate the service by end of March. With this, company only willing to give me the offer of 1 month in lieu for each year service, and another 2 months for my maternity leave. However, all this compensation only base on my basic salary, all my allowance, epf will not be given.

  Company didn't give me 1 month notice period for the termination, and also taken away my maternity benefits. Is there anything i can do for this on legal point of view?

 

KL Siew
Administrator
Mon, 21 Mar 2011 11:05:49 AM

I am not very sure of what you have said. I would suggest you pay a visit to the Labour Department and get some official advice.

Sally
Member
Wed, 23 Mar 2011 07:02:11 AM

Dear KL Siew,

     1. I was given short notice termination, am i entitle 1 month payment in lieu from company?

     2. As i will start my maternity leave on 1/4, and company inform me the termination at march. Am i still entitle my maternity benefit?

     3. Since my salary is over RM1500, am i protected by malaysia labour rule? if not am i protected by any law in malaysia?

   4. If i would seek for advice, which labour department i should go (Putrajaya office / Perkeso Jalan Ampang)? should i go with document ? so far, company haven't give me any document, we just discuss through phone.

Regards
Sally

KL Siew
Administrator
Thu, 24 Mar 2011 01:09:19 PM

Since your salary is over RM1500, you are not covered by the Employment Act. As such, payment of maternity allowance will go according to the terms on maternity benefit in your appointment letter/contract of service, if any. However, you can always go to any of the Labour Department to get an official view of your case.

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