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change the position and cut the salary

Fri, 10 Jan 2020 10:53:39 AM  (Last updated: Sun, 12 Jan 2020 11:52:42 PM)

Good afternoon Ms Siew,

I have a staff and she been working with the comapny almost 3 years and basic salary is above RM 5 K. In her position of the appointment letter was to become Designer. She only staff to do the design, and now she force to receive another job of graphic design.

Now, company was hired another designer, and she mostly focus at graphic now.

Problem that facing is if company wish to demote her postion and cut her pay, because management think her currently job not suitable to designer.

Actually do we really broke the rules & regulation of labour laws?

Actually, it quirck urgent......


KL Siew
Fri, 10 Jan 2020 05:40:10 PM

I think she should bring the matter up with the Labour Department. She should go there personally to lodge a complaint and let them look into the matter.

Sun, 12 Jan 2020 11:52:42 PM

Hye Jassyong,

I agree with Ms Siew that the employee may bring up the matter to the labour department. To add on this, he also may filed a complaint at the Industrial Relations Department for any claim for unlawful dismissal. 

In your case, the employer should not demote and/or deduct employee’s salary without any valid reasons as this may amount to fundamental breach of his/her contract of employment. This may also lead the employee to walk out from his employment and claim for constructive dismissal at the Industrial Relation's department.

I also note that you mentioned he was forced to do graphic design and your company had already appointed another designer. This is also may amount to fundamental breach by the Company should the employee was tasked outside of his job scopes and functions i.e. outside from his terms of employment. 

Your company should be very careful on this. If at all, the employee’s performance is actually the real issue, you may need to issue a warning letter to give him opportunity to improve his performance. Should he failed to improve, the necessary actions then may be imposed such as demotion and/or termination. 

Should you seek any futher inquiry, kindly feel free to contact me (