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Resignation or Termination

Neace
Member
Fri, 13 Apr 2018 05:47:43 AM  (Last updated: Mon, 16 Apr 2018 08:10:50 AM)

Hi,

I am currently working in one of the bank in Kuala Lumpur which btw i am a confirmed staff. i am facing a difficulties with the management that i am working at the moment. The stories is like this, somewhere on 2016, I've receive the letter like a show cause letter to show about the list of complaint against me (which btw is around 1-3 complaint from what i can recall), a defects in work error. and they give me few months for me to improve. What i did is after receiving the letter, i signed the letter and i did improve. Later, in the same year i receive another letter but this one is a different issue. Something related to lateness, they give me another letter related to it. Same situation, i signed but its different this time. Once i receive the letter, they schedule me an appointment with the industrial relation (which btw somewhere on 2016, is the person name A). During the appointment, just a normal chat with the industrial relation they talk to me about, can i have your assurance to improve etc. What i replied is yes, i will try to improve. somewhere on 2017, i receive another letter from HR, and this time is related to another issue which is poor performance. i see the same industrial relation (the person name is A). After that, i did not receive any letter at all. Somewhere on 8 March 2018, I've been issued another letter. and this time, in this letter shows i have to improve my performance and meet the KPI requirement. i have another 1 more months to improve and in the letter stated that if in the event i failed to improve could lead to lay-off/termination. Honestly speaking, i failed to meet the KPI target because it wasn't easy. This afternoon, i went to see HR with the new industrial relation (the name is B, which btw she's a type of person that i can't negotiate anything). Based on the conversation with this person, she say that there's only two option for me at the moment. Termination or Resignation.

My Question is:-

1) What if in the event i did not give any resignation letter, will the termination take effect on me?
2) If there is, how long and will there be amounts of termination benefits, lay-off benefits? how much and if possible i wish to know in detail like how many days salary pay etc.
3) The industrial relation (the name is B) said to me that if in the event bank issue me the termination letter, there will be a difficulties for me to find another job in other company and it will have a bad record for me. is it true?
4) Since i am working in a bank, and there's a lot of department that maybe i can try to liaise with to negotiate with them to transfer to that department, should be okay right? if in the event that department willing to take me? or this is the final decision?
5) What should i do, should i just wait for the termination letter or just proceed to give the resignation letter if in the event the question number 4 is the final decision.

Seek your kindly advices.
Thanks.

P/S : i do not wish to leave my company actually, and i wish there's something i can do to fight to remain to work in that company, at least in another department.

Neace
Member
Fri, 13 Apr 2018 06:02:37 AM

Hi, I just wish to make it clear that, the Industrial Relation is from the bank's HR.

Chinoz
Member
Fri, 13 Apr 2018 09:16:06 AM

Hi Neace,

1) I'm not an expert nor have enough experience, this is only my opinion personally

2) As a bank employee, I believe you have some sort of Union to refer. And if not, at least try to personally refer to IR office. Not someone who appoint by the bank as he might bias.

3) Whatever show cause letter you get, either defect of work, lateness, the employer need at least show evidence that you indeed did that. Innocent until prove guilty. Unless, you also agreed that you do the offense.

4) As they said that you had poor performance, and by not meet the KPI, they cannot simply terminate you and using the KPI as basis before they provide you some training or someone guiding you. As how to improve if they did not show what and how they want it.

5) From my view, the HR trying to threaten to scare you. They dont want to terminate you as you can bring it to IR court due unfair dismissal but it is easier if you yourself resign. Easier to put the evidence on your resignation and claim that you resign on your own capacity.

6) Stand up for your right. Unless, you got some severe misconduct history then you might consider to resign.

Cheers,

Chinoz

Neace
Member
Fri, 13 Apr 2018 12:47:24 PM

Hi Chinoz.

i wish to have more detail on your reply on number 3, based on all the show cause letter that i've get. They do shows the evidence the list that i've come late. the list of defect.

For the reply in number 4, they cannot terminate me using the KPI as basis?

for the reply in number 6, are those lateness, defect, consider severe misconduct?

Kindly advices.

Thanks.

Chinoz
Member
Fri, 13 Apr 2018 02:36:02 PM

Hi Neace,

Ok lets agree that you had done the offense with evidence, the point to consider is have you repeated done the offense or its just one time only? As a matter of fact, they need to at least give you a couple of warning letter and a chance for you.

Its like this, sure it is true an employee need to achieve its KPI, however it is also not possible if the KPI it self impossible to be done. Eventhough, the KPI can be achieve and you cannot meet it, they need at least put you under Performance Improve Program with someone guide you how to improve your work. Also, is the KPI equal among you coworker and they able to meet the target? if they able, then you atleast need to have some discussion with HR or your supervisor regarding your concern not be able to meet the target.

Lateness may be severe misconduct if you repeated it frequently without justifying the reason why you late or due to your lateness, the company making loss.

Try speak your concern and if possible asking for transfer to other department that you believe can improve your performance.

Regards,

Chinoz

Neace
Member
Fri, 13 Apr 2018 08:20:00 PM

Rhqja

Hi Chinoz.

Is there any possibilities that i will be terminate? Because im currently been given two option which is to resign by my own or termination. I refused to resign becauae i used to have a loan with that bank, and this loan, based on the HR policy, once i resign, i will need to pay an amount  in full, which honestly i dont have such a huge amount. If i choose to resign by my own, its consider like i will need to pay in full.

About transfering to another department, its all based on the another department whether they willing to take or not.

If there is a possibility to be terminate, will my name being blacklisted? Like HR told me? If there is, i can say that termination is due to poor performance for sure. May i fight for it later? By lialising with industrial relation malaysia btw?

Kindly advixe

Thanks.

Chinoz
Member
Mon, 16 Apr 2018 08:10:50 AM
Originally posted by Neace on Fri, 13 Apr 2018 08:20:00 PM

Rhqja

Hi Chinoz.

Is there any possibilities that i will be terminate? Because im currently been given two option which is to resign by my own or termination. I refused to resign becauae i used to have a loan with that bank, and this loan, based on the HR policy, once i resign, i will need to pay an amount  in full, which honestly i dont have such a huge amount. If i choose to resign by my own, its consider like i will need to pay in full.

About transfering to another department, its all based on the another department whether they willing to take or not.

If there is a possibility to be terminate, will my name being blacklisted? Like HR told me? If there is, i can say that termination is due to poor performance for sure. May i fight for it later? By lialising with industrial relation malaysia btw?

Kindly advixe

Thanks.

Hi Neace,

1) Yes, you can be terminated due to poor performance.

2) However, the company cannot simply terminated you solely by this. Like, they need to prove that they have provide you proper training or guidance.

3) Blacklisted on what? Just because they terminated you doesnt means you are wrong. Just honestly tell your future employer why you have been terminated. This is one of the way HR dont want to dirty their hand, they try to make you afraid.

4) Regarding with loan, you need to see back the agreement.

5) Yes, you can fight. It is clear that they will terminate you. Therefore, better start collecting your evidence and discuss with IR for better understanding.

Regards,

Rosdi

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