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Cessation of Employment

DahMakan
Member
Wed, 25 Apr 2018 10:33:16 PM  (Last updated: Thu, 26 Apr 2018 12:30:15 PM)

Dear Sir / Madam,

I'm writing this to get some advice on my current "Cessation of Employment" .

In 2008, I joined the company as a Fixed term hire until Sept 2014 and then converted as Regular staff. Now, on April 2018 I received the Cessation of Employment (VSS) with a lum-sum settlement  .However, the sum is only calculated based on the conversion period as regular (2014 -2018).  My Fixed term period is not calculated here, which I believe is not unfair. The fixed term contract was directly from the company not from the third party job hunters.

I Inquired this calculation to HR, but they said the fixed term is not counted as its not in the company policy neither in Malaysian Labor law. I have both my contracts with me (fix term & regular) none of the clauses says the employer will calculate the VSS payment only based on the regular conversion. When I asked the HR, they could not provide any black and white to proof such policy.

I worked there for almost 10 years now, and the VSS payment their giving is unfair.This is one of the IT companies in the US . 

Can somebody help me to clarify whether I'm entitled for full 2008 - 2018 settlement or just from 2014-2018 .

Please help.

Thanks.

Gon
Contributor
Thu, 26 Apr 2018 11:09:50 AM

To answer above need all detail for each contract (starting date, cooling period, position, job description, job level, job job nature etc etc) starting 2008 until present

If all maintained the same,no cooling period then you might can challenge it

you may refer case below to get better understanding.

HAN CHIANG HIGH SCHOOL PENANG HAN CHIANG ASSOCIATED CHINESE SCHOOLS ASSOCIATION AND NATIONAL UNION OF TEACHERS IN INDEPENDENT SCHOOLS, W. M'SIA [1988] 2 ILR 611

DahMakan
Member
Thu, 26 Apr 2018 11:33:16 AM
Originally posted by Gon on Thu, 26 Apr 2018 11:09:50 AM

To answer above need all detail for each contract (starting date, cooling period, position, job description, job level, job job nature etc etc) starting 2008 until present

If all maintained the same,no cooling period then you might can challenge it

you may refer case below to get better understanding.

HAN CHIANG HIGH SCHOOL PENANG HAN CHIANG ASSOCIATED CHINESE SCHOOLS ASSOCIATION AND NATIONAL UNION OF TEACHERS IN INDEPENDENT SCHOOLS, W. M'SIA [1988] 2 ILR 611

Hi There, 

I have all the information regarding the contract. I can share this offline. Are you an advocate?if yes, i can meet up to discuss further .

Gon
Contributor
Thu, 26 Apr 2018 11:39:43 AM

i not haha, just normal hr only

bear in mind, during the fixed term contract, if they change ur title, level job scope, having cooling period between contract (mean a gap between two contract), It will very hard for you to prove the contract continuity from the previous contract.

If all the same, then it shall consider as non genuine fixed term contract and shall calculated from 2008.

Plus, during the conversion to regular staff, did the contract mention about previous joining date recognition or not

DahMakan
Member
Thu, 26 Apr 2018 11:56:18 AM
Originally posted by Gon on Thu, 26 Apr 2018 11:39:43 AM

i not haha, just normal hr only

bear in mind, during the fixed term contract, if they change ur title, level job scope, having cooling period between contract (mean a gap between two contract), It will very hard for you to prove the contract continuity from the previous contract.

If all the same, then it shall consider as non genuine fixed term contract and shall calculated from 2008.

Plus, during the conversion to regular staff, did the contract mention about previous joining date recognition or not

I see. No worries.

I'm doing the same role since 2008 and there is no change in my job scope. No cooling period, joined immediately as a regular and continued what  I was doing in this company.

I have couple referral/confirmation letters that i request from the company for loans and other stuffs.. In this letter, it's clearly stated my start date from the 2008 to present . There is no gap . 

But during the process of conversion...its a normal process for company to sent for separation exercise. However, I dint leave the company. My role and the salary was credited as BAU.

Gon
Contributor
Thu, 26 Apr 2018 12:24:18 PM

Mean there is separation exercise in between and you signed?

DahMakan
Member
Thu, 26 Apr 2018 12:30:15 PM
Originally posted by Gon on Thu, 26 Apr 2018 12:24:18 PM

Mean there is separation exercise in between and you signed?

no i didnt sign anything..just normal process.

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