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My Employer try to make me leave the company voluntarily?

CYY0117
Member
Sat, 15 Feb 2020 03:41:33 PM  (Last updated: Sat, 15 Feb 2020 04:05:04 PM)

Dear Admin,

Recently the company i'm working with is undergoing restructring in the organization. 
Certain departments has been dissolved.
Rumors has been flying around that many will be retrenched as the company is downsizing and cutting cost.
Not long after, i receive a phone call from my superior verbally cite that i am one of them being chosen to be retrenched.
HOWEVER, the company wants me to leave by resigning. I did not accept that idea and demand a written termination. He then threatened that if i dont resign voluntarily, the company will transfer me back to the HQ, in a different state, to another department, with a different function. i cut off the conversation. 3 days later, he then called me again to follow up, telling another story, saying that what is my consideration on the transfer? i refuse to answer and discuss, and tell him to give me written notice. A day later i receive the Notice to Transfer stating only the effective date and name of division. I am required to report to HQ at a different state in less than 24 hours. i immediately wrote back an object letter stating all the reasons - short notice, vague job function, and the whole story i have stated earlier. 
Upon the receipt of my objection letter, the company HR did not contact me nor my superior. i was left hanging. Then a New Transfer Notice is fired at me on a Saturday, notifying me to report on Tuesday, Job Title and Monthly Salary (remain unchanged).

My question Is, does this already constitute to constructive dismissal?
i am left with no choice but the leave the company now.


 

ShzwnyShahdan
Member
Sat, 15 Feb 2020 04:05:04 PM

Hye,

First of all, it should be noted that it is the prerogative power and/or contractual rights of the company to transfer its employees to any of its subsidiaries and/or group of companies and/or within its group/branch and/or department. As long as it is done with good intention and not to victimize its employees. This shall include any reorganization exercise done in the Company. 

However, if the said exercise and/or transfer has resulted you receiving lower salary and/or has offered you with less favourable terms and/or resulting demotion in your position, the Company seems has acted in breach of your contract of employment. In most cases, the breach led the employee to walk out from the company and claim for constructive dismissal.

In other words, the said reorganization exercise/transfer should not in any manner affect the terms/conditions and/or benefits that you’re enjoyed prior to the transfer.

With regard to your concern, it may not be a good reason for you to walk out and claim for a constructive dismissal looking at the fact that you've been offered with transfer with no less favourable terms. Should you reject the aforesaid offer, the Company will left with no other choice but to retrench you with termination/retrenchment benefits. If you're willing to tender resignation and not to receive any compensation, so be it. But the Company should not in any manner force you to resign. 

Be that as it may, if you have any strong evidence to show that the said transfer and/or retrenchment exercise was done in view to victimize you, you may then lodge in IR department for constructive dismissal. However there are steps that you should consider before you resign and claim for constructive dismissal. 

But one should always be guided that it is the prerogative rights of the Company to transfer its employees as long it has been done in good faith and in view of the business needs/direction of the Company.

Kindly do not hesitate to contact me for any further inquiries.

(nienasya@hotmail.com)

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