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Retrenchment Due To Redundancy

DT
Member
Fri, 18 Sep 2015 11:41:08 AM  (Last updated: Sun, 20 Sep 2015 11:57:17 AM)

Dear Sir,

I'm working in an advertising agency as Head of Production.

I have just been retrenched from the company after serving over 3.5 years and was asked to service notice of 3 months until Dec 2015

The reason given was my position has been identified as redundant and surplus to the current company requirements.

But I'm the only person in the company holding the position and i also have 2 staffs under my supervision in the department whom have different responsibility as I'm.

Q : If I'm the only one in the position, can the company retrench me by using redundancy and surplus as the reason?

Q : If I'm redundant as what the company thinks, why do i still need to be working for the next 3 months to serve out the 3-months notice?

Your expert advice is very much appreciated.

Thanks and regards,

KL Siew
Administrator
Fri, 18 Sep 2015 12:54:36 PM

I think what you should do now is to approach the local Industrial Relations Department for official advice. Go there personally and discuss the matter with the officer there.

SuharinKL
Contributor
Sun, 20 Sep 2015 11:57:16 AM
Originally posted by DT on Sun, 20 Sep 2015 11:57:17 AM

Dear Sir,

I'm working in an advertising agency as Head of Production.

I have just been retrenched from the company after serving over 3.5 years and was asked to service notice of 3 months until Dec 2015

The reason given was my position has been identified as redundant and surplus to the current company requirements.

But I'm the only person in the company holding the position and i also have 2 staffs under my supervision in the department whom have different responsibility as I'm.

Q : If I'm the only one in the position, can the company retrench me by using redundancy and surplus as the reason?

Q : If I'm redundant as what the company thinks, why do i still need to be working for the next 3 months to serve out the 3-months notice?

Your expert advice is very much appreciated.

Thanks and regards,

hye there,

Just to share with you, if you are not satisfied with the retrenchment carried out by the Company, as mentioned by KL Siew that u may consult/lodge a report for unlawful dismissal against the Company at the Industrial Relation Department/ Jabatan Perhubungan Perusahaan.

Additionally, amongst others, below are the accepted procedures before a company can embark on a retrenchment exercise based on the Industrial Code of Harmony (notwithstanding the prerogative power of the Company to organise its establisment):-

1) to give an early warning/notice to the employee about the retrenchment exercise;

2) to find other suitable position in other departments within the Company/ group of companies;

3) to help the affected employee(s) to find other job in other Company;

Failure to adhere the above may persuade the Industrial Court to decide the retrenchment was carried out unfairly.

Hope this sufficiently clarify your query. U may email me if u want the full format of the Industrial Code of Harmony should u need it for further reference.

Thank you,

suharinsulaiman@gmail.com

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