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Asking Not to come to work

Infanta
Member
Wed, 13 Mar 2019 10:58:16 PM  (Last updated: Thu, 14 Mar 2019 10:45:14 PM)

Hi There, 

I am a foreign national working in Malaysia. I am in a permanant job. My company was forcing me to submit resignation falsely accusing me. when i challanged those accusations they came with an alternate reason, my employment pass is due for renewal in 1 month time and they are saying there are problems to renew hence asking me resign. (which is fake and  I have proof that company got quota's for renewals as well new applications) Once again I knew they are trying to frame one after the other reason I wrote to them I will not resign rather i will challange them legally. Finally they said they will pay me 2 months notice period and still asking me to resign. 
I have couple of questions. 

1. Can I challange them legally for forcing me to submit resignation? Can they just suddenly ask an employee not to report to work immediately when they ask to submit resignation?

2. It is an Permanant Employment. Can they just pay 2 months notice and terminate my employment?

3. Can I claim for a compensation of 12 months?. Is it lawful? My salary is less than 5000. 

Most of the communicaiton was in Email and Whatsapp. The owners of the company also expatriates. It's an IT company based out of India. 

Please Suggest. Thank you. 

KL Siew
Administrator
Thu, 14 Mar 2019 03:14:40 PM

1. You don't have to resign if you don't want to. But, what will happen if your work permit is not renewed? Will you be illegal to work without a valid work permit?

2. They can, but why should they do it. They may just not going to renew your work permit.

3. You can get lawyer to advise you on that.

By the way, do the owners in India know about the problems you are having in Malaysian office?
 

Infanta
Member
Thu, 14 Mar 2019 07:36:31 PM
Originally posted by KL Siew on Thu, 14 Mar 2019 03:14:40 PM

1. You don't have to resign if you don't want to. But, what will happen if your work permit is not renewed? Will you be illegal to work without a valid work permit?

2. They can, but why should they do it. They may just not going to renew your work permit.

3. You can get lawyer to advise you on that.

By the way, do the owners in India know about the problems you are having in Malaysian office?
 

Hi. 


Thank you so much for your swift response. 

1. I told them I am not submitting resignation. (Probably they thought that could be easier) So they terminated me (There was no letter/notification) only an email asking me not to come to work any more. (The reason of termination is pure office politics which the local heads aware but they do not have control over the heads in India. So the instructions are from India and here they are just following it)

2. Work Permit, it ends by mid next month but I can still stay as a dependant as my husband is still working here and my kid is studying. (Not planning to look for Job)

3. Can a permanant Employee be terminated for no reason. Are they (The employer) not supposed to provide some facts/reasons for terminating. Can they just say I don't want to renew your Employment Pass for no reason. 

4. Yes. Definitely shall consult a lawyer. 

Finally : Every Single one in the company except an admin lady are expatriates and in particular Indian Nationals and every one is Aware of this. There is no HR Department Locally too. 

Just a Final Querry: What is the minimum/maximum compensation one can demand from an employer when the termination is unlawful (When Proven with Evidances - For both local & expatriates). Just wanted to know if they come for a negotiation to close this. 

KL Siew
Administrator
Thu, 14 Mar 2019 08:15:23 PM

In that case, I think you should pay a personal visit to the Industrial Relations Department and discuss the issues with the officer there and get advice as to what action for you to take.

Infanta
Member
Thu, 14 Mar 2019 10:45:14 PM
Originally posted by KL Siew on Thu, 14 Mar 2019 08:15:23 PM

In that case, I think you should pay a personal visit to the Industrial Relations Department and discuss the issues with the officer there and get advice as to what action for you to take.

Noted and really appreciate your assistance. 

Thank you. 

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