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Termination

John
Member
Wed, 13 Dec 2017 03:57:55 AM  (Last updated: Wed, 13 Dec 2017 05:32:31 PM)

Hello everyone,

I'm a foreigner which being employed by a company in Malaysia. However as the operating is not going well, they are going to shut down the project which I'm currently working. They already issued me the termination letter which will effective on March 2018.

At the moment, the company want to transfer me to a new project which I don't want to. However, my contract mentioned that the company has the right to transfer/move the employee as I'm still being employed until the termination date and I have to sign a new contract which going to make the termination letter become void.

I need advice on this, I don't want to work for this company anymore. The company told me if I don't want to do, I need to resign which is ridiculous. Why should I resign when I am already being terminated and I even have to pay for the visa cancellation ?? 

Do they have the right to ask me to work after the terminate date ?

Do I have the right to not sign on the new contract ?

What should I do to leave the company without resignation ?

KL Siew
Administrator
Wed, 13 Dec 2017 05:32:31 PM

I my opinion, before March next year, you are still in the employ of the company and you are subjected to the transfer clause in the contract.  So,

1. If you want to work until the operation shut down in March next year and you don't want to work in the new project, discuss with the company about it.

2. You don't to sign if you don't want it.

3. Well, if you leave the company without resignation, you can be sue for indemnity for not giving notice of resignation.

If you need official advice and I think you should, pay a visit to the Industrial Relations Department and discuss the problems with the officer there.

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