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Unfair Working Conditions

Akc
Member
Thu, 23 Jan 2020 04:45:46 PM  (Last updated: Thu, 30 Jan 2020 05:16:59 PM)

Hi, i'm writing on behalf of my spouse. 

He was previously working (full time staff) for an organisation, however, around 3/4 months ago, the parent company bought up another business. 
He was then asked to shift to the new company, however, he was not given the option to remain at his current job.
Also, in the new company, he has to take a pay cut AND regulated to a Contract Staff instead.
He has not received any complaints (verbal or written) regarding the quality of his job performance and he has no disciplinary issues also. 

So, my question is that are there grounds for a tribunal complaint regarding the lower pay and contract staff status? 

His boss oversees both the old and new business, and she is a leader that does not lead. Extremely tempremental, unable to give any guidance, no planning and creates a very unhealthy work environment for staff. 


 

ShzwnyShahdan
Member
Thu, 23 Jan 2020 09:41:22 PM
Originally posted by Akc on Thu, 30 Jan 2020 05:16:59 PM

Hi, i'm writing on behalf of my spouse. 

He was previously working (full time staff) for an organisation, however, around 3/4 months ago, the parent company bought up another business. 
He was then asked to shift to the new company, however, he was not given the option to remain at his current job.
Also, in the new company, he has to take a pay cut AND regulated to a Contract Staff instead.
He has not received any complaints (verbal or written) regarding the quality of his job performance and he has no disciplinary issues also. 

So, my question is that are there grounds for a tribunal complaint regarding the lower pay and contract staff status? 

His boss oversees both the old and new business, and she is a leader that does not lead. Extremely tempremental, unable to give any guidance, no planning and creates a very unhealthy work environment for staff. 


 

Hye Akc,
 

Before that, may i know from you whether your spouse has been offered with a new contract of employment by the new company or he was just being transferred/seconded to the new company? In other words, did the previous company terminate his contract of employment before he joined the new company?

Thanks.

(nienasya@hotmail.com)

KL Siew
Administrator
Fri, 24 Jan 2020 11:29:30 AM

In addition to Shzwny's questions, I would like to know:

1. How long has your husband been working with the old company and in what position?

2. You  said it happened 3,4 months ago, did he join the new company with a pay cut and if he did, when?

3. Did you and your husband discuss the problems and what was his intention or action he would like to take against the employer?

Akc
Member
Tue, 28 Jan 2020 12:04:06 PM
Hi guys,He was instructed to resign from the previous company, backdated the letter to a 1 month notice instead of the 3 months stated in offer letter.And he was at his old company for about 18 months and post was the business development manager. Then he joined new company with pay cut and as contract staff in nov 19.Before he was told to resign from old company, the boss had him working at the new company for around 3weeks. His HR manager is also pretty slack and did not offer him any proper guidance. However the she did IMPLY that it was not good company practice to switch a full time staff to contract and that if he was unhappy, he could go to labour law.
KL Siew
Administrator
Tue, 28 Jan 2020 01:37:14 PM

From what you have described, it looks like he really got a bad deal for being too trusting. If I were him, I would continue to work and at the mean time starting looking new job elsewhere. However, you may help him to approach the Industrial Relations Department and have a discussion with the officer there see whether he could give some official advice pertaining to his case.

Gon
Contributor
Thu, 30 Jan 2020 03:01:30 PM

Nothing much he can do. The moment he tendered his resignation and sign the new contract, he lost his right. Otherwise he can claim for contructive dismissal when he is demoted/salary cut.

Better find new job

ShzwnyShahdan
Member
Thu, 30 Jan 2020 05:16:59 PM

Hye,

I agree with Mr Siew/Mr Gon,

Further, even though your spouse has been offered with a new contract of employment, his employer should have offered your spouse with a new contract of employment without any loss of benefits and seniority and in terms which are no less favourable from what he had enjoyed with the previous company. 

Should your spouse is dissatisfied with the new terms of his employment, he may then resign and claim for constructive dismissal. In this aspect, he has to prove that there is a clear breach of contract of employment on the salary cut and/or demotion in his new employment.

However, there are steps that should be observed by your spouse for a claim of contrustive dimissal.

Do not hesitate to contact me for any further inquiries (nienasya@hotmail.com).