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Termination for refusing to go outstation

CJK
Member
Sun, 18 Oct 2015 01:27:19 AM  (Last updated: Tue, 20 Oct 2015 11:39:22 AM)

Dear Sir,

I am currently almost 2 months in with a new company, currently still under probation. I have been asked to work outstation before for around 1 week then came back. Now, I am being asked to work outstation again at the same place. I have declined to do so without receiving a higher allowance package because I've realised how expensive the cost of living there compared to my hometown. Fyi, the allowance currently allocated is a mere RM10 daily which covers food, fuel, phone. From my 1 week experience working outstation, the allowance amount couldnt' even cover my fuel spending alone due to the need to drive around frequently.

Upon requesting for higher allowance, Ive been threatened by the HR in charge that I cannot make such claims or demands and will be terminated if I refuse to work outstation with the same amount of allowance. My question is whether or not a company can choose to dismiss/terminate an employee due to refusal to work outstation? Do I have a valid case against the company if they are to terminate me? Your kind assistance is highly appreciated.

KL Siew
Administrator
Sun, 18 Oct 2015 08:56:23 AM

Ya, I do feel that the 10 bucks is too low if it were to cover all those items. If what you said is true, then it is up to you to decide what to do. You seem to have good reasons to refuse and then let them take whatever action they want.

CJK
Member
Sun, 18 Oct 2015 11:00:06 AM

Yeah I guess I will just play the waiting game to see what's the next course of action. Thank you very much.

CJK
Member
Mon, 19 Oct 2015 08:12:15 PM

Anyway I just received termination letter today, with 1 month salary in lieu. Reason for termination is "bad performance" while everyone in the office know it is because of my refusal to go outstation with such allowance. Many told me that because I am still in probation period, I can't do anything if they want to terminate me with 1 month salary compensation. Should I still seek advice from the labour office?

KL Siew
Administrator
Tue, 20 Oct 2015 11:39:22 AM

You can seek advice from the Industrial Relations Department where you can make a claim for reinstatement under section 20 of the Industrial Relations Act. That means you would like to get back your job. If you think that is what you want, pay a personal visit there. You should do it within 60 days from the date you received the termination letter.

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