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TRANSFER OR VOLUNTARY RESIGNATION

Mr Dilemma
Member
Thu, 05 Jul 2018 11:24:35 AM  (Last updated: Thu, 05 Jul 2018 12:20:11 PM)

The company that I am working for decided to close our branch with immediate effect (with a very short notice) citing financial reasons. They have offered to transfer all employees to their HQ for continuation of service. We have declined to be transferred, therefore the only other option available is to submit a voluntary resignation (which means, if we do, we would not be able to receive any compensation or unemployment benefits). 

We have asked for a termination instead but the company refused to do that as they will have to pay wages in lieu of notice. 

We have checked with labour department and their comment is that what the company is doing, though it is legal but they have committed immoral practice. 

What should we do? Deep down we know that the company does not require our services anymore (hence to request for voluntary resignation) but refused to compensate us accordingly. We feel like we are being forced to accept either option that does not benefit us at all. All of us are still under probation and have not gone through any probationary assessment. 

KL Siew
Administrator
Thu, 05 Jul 2018 12:20:11 PM

Read up the Employment(Termination and Layoff Benefits)Regulstions see whether you can get some info from there. Do bear in mind, those of you whose salary is more than RM2000 are not covered by the Regul;ations. Apart from that, refer to your contract of service, see whether there is transfer clause in there.

In may opinion, it is safer to go to HQ first and don't resign. If you don't like the place then you can slowly start looking for job opportunities elsewhere.

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