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Ask to resign during probation period & COVID-19

SK
Member
Thu, 21 May 2020 02:57:48 PM  (Last updated: Mon, 01 Jun 2020 12:14:29 PM)

Hi good day,

On 19th May 2020,my HR manager called and asked to resign due to unsatisfactory performance,I’m still in probation period, I joined this company on 14th January 2020 as an accident claim manager and earning RM 7K.

Below remarks stated inside my offer letter

“ SIX months of probationary period which may,at the Management’s discretion, be extended for longer period as deemed necessary. Employee is deemed to be on probation until and unless confirmation letter is issued. The management reserves the right to terminate your service due to unsatisfactory sales performance.

The notice of termination of service on either side must in writing.The period of notice required for probationers is ONE WEEK written notice or ONE WEEK salary in lieu. Once you are confirmed in your employment the notice of termination of employment to be given by either party shall be ONE MONTH notice or ONE MONTH salary in - lieu thereof.”

Due to Covid 19 pandemic, my company closed for business on 18th March 2020 and resume their operation on 29th April 2020.

On 19th April 2020 - received email from HR “that below measures will be implemented for our motor group :

i) All monthly allowance ( such like acting allowance, travelling allowance, petrol allowance, etc ) will be temporary suspended from April 2020 onwards until further notice,

ii) All Managers/ General Managers/ Dealer Principals level staff to apply leave for 10 days in April 2020 for the MCO period ( from 01st - to 28th April ); in which company will bear 50% ( 10days ), and the other 50% will be from staff leave application ( 10 days ).

On 20th April 2020 - I revert to HR that I'm applying unpaid leave 1st April 2020 till 10th April 2020,as I'm still in probation period

On 27th April 2020 - received email from HR “ Staff Voluntary Salary Reduction” due to our business of Motor Group has been adversely affected due to the MCO imposed by the Government, as such I agreed to contribute 20% salary deduction as I’m still in the probation period and required this job badly due my monthly commitment.

On 30th April 2020 -Upon receive payslip, HR deducted my salary base on 7 days Unpaid Leave and utilize 3 days pro-rate annual leave as my contribution toward company measures.

On the 18th May 2020, received an email from HR, asked to sign Staff Voluntary Salary Reduction letter that indicate that ”I hereby agreed to voluntary reduce my monthly basic salary by 10%, with effect from May 2020 until December, 2020 , due to the current state of business in the ongoing COVID-19 pandemic crisis caused severely impact on our business development and “With this I declare and confirm that I shall not take any claims or take any legal actions against the company due to the salary deduction voluntarily”

On 19th May 2020,I wrote email to HR to consider my tenure of employment with the company until 31st July 2020 since I am still under probation (my joining date with The Company is 14th January 2020). as I required time to seek for new job opportunities. In addition, I request to specify the reason in the termination letter that my termination is due to COVID -19 pandemic adversely affected Company's business, as a reference for my future career enrollment.

On 21st May 2020 - I called HR, since didn’t get an update on my email. My HR manager told that she not able to give time till 31st July 2020 and required to seek Board Of Director advice and ask me to wait till next week.

1. What are the implications if I am terminated will it affect my next job / will I be able to get any sort of compensation 

 2. Do my negotiate fare asking for a letter

3. Can I ask for salary compensation?

4. What are my rights exactly?

5. Can I sign the voluntary reduce my monthly basic salary letter ?

Beside, my employer spreading the word around that I’m not performing and ask to leave my current position to colleagues and also to co-works from current office and branches.I feel embarrassed with this unetiquette and unprofessional way since I had created a very good reputation in the motor industry. People know me well within the motor industry and I felt ashamed when people keep approaching me and ask words regarding tho issue that I’m encountering

Seeking for your advice is much appreciated.

SK

ShzwnyShahdan
Member
Mon, 01 Jun 2020 12:14:29 PM

Hye there,

Under Industrial Relations law, a probationer enjoys the same rights as a confirmed employee where he/she cannot be dismissed without just cause and/or excuse.

Based from the facts given, your employer may not dismiss you prior to the expiry of your probationary period unless your employer has a good ground to dismiss you i.e. on the ground of poor performance or misconduct.

In fact, your employer should not force you to resign from your employment which you may lodge a complaint of unlawful dismissal i.e. force resignation at the Industrial Relations department. In this regard, you should have a concreate evidence in showing that you have been influenced and/or induced and/or forced to resign.

Should your poor performance is the real issue, the burden of proof would be on your employer to prove such allegations. Generally, there should be written warnings or performance appraisal that should be done in a case of poor performance.

In the event that your employer terminates you from your employer prior to the exipry of your probatinary period, you then need to lodge a complaint within 60 days from your dismissal date at the Industrial Relations Department (IRD) for a claim of unlawful dismissal. 

The IRD will then notify both parties to come for a conciliation meeting where the approach is to find any amicable solution between parties (including monetary compensation to be agreed by parties). Should there will be no amicable settlement, the IRD then will refer the matter to the Minister for further deliberation and to decide whether the matter will be referred to the Industrial Court or not.

If you have any further inquiry, kindly do not hesitate to contact me (nienasya@hotmail.com)