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Full to Part Time Position

stellalai
Member
Tue, 10 Oct 2017 02:53:45 PM  (Last updated: Tue, 10 Oct 2017 04:20:38 PM)

Hi,

I would like to know:

1) Is it against the law to convert a full to part time position of a staff due to business downturn?

2) What is then the correct procedure?

Regards,

SL

KL Siew
Administrator
Tue, 10 Oct 2017 03:21:42 PM

You have to discuss with the workers concerned whether they agree or not.

stellalai
Member
Tue, 10 Oct 2017 03:25:01 PM

Hi,

I have discussed but he didnt agree, and said something that with regards to labour law, the staff has to be terminated before hiring back again as a part timer?

KL Siew
Administrator
Tue, 10 Oct 2017 03:30:57 PM

Yes, you can do that:

1. Give the required notice or pay indemnity lieu of notice;

2. Settle all balance of annual leave;

3. Pay termination benefits according to the Employment(Termination and Layoff Benefits)Regulations.


 

stellalai
Member
Tue, 10 Oct 2017 03:40:26 PM

Noted. I understand that 1 month notice is required to give them.

But for termination/layoff benefits, can you explain what that encompass? Because I was reading the act, but did not specify what it is?

KL Siew
Administrator
Tue, 10 Oct 2017 03:58:25 PM

What are the matters Regulations is lacking?

stellalai
Member
Tue, 10 Oct 2017 04:10:04 PM

They did not tell me anything. But I am referring to the Act and it says:

======================================================

6. (1) Subject to the provisions of these Regulations, the amount of termination or lay-off benefits payment to which an employee is entitled in any case shall not be less than -

(a) ten days’ wages for every year of employment under a continuous contract of service with the employer if he has been employed by that employer for a period of less than two years; or

(b) fifteen days’ wages for every year of employment under a continuous contract of serviced with the employer if he has been employed by that employer for two years or more but less than five years; or

(c) twenty days’ wages for every year of employment under a continuous contract of service with the employer if he has been employed by that employer for five year or more,

and pro-rata as respect an incomplete year, calculated to the nearest month.

=================================================================

Is this correct?

KL Siew
Administrator
Tue, 10 Oct 2017 04:20:38 PM

Actually, the Regulations is made under section 60J of the Employment Act for purposes mentioned therein. I don't know whether this answer your question. If you need more info give a call to the Labour Department and discuss the issue with officer that.

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