RegisterLog In

Poor management. Resignation to give lesson to company

zeeeeeeeeh
Member
Wed, 15 May 2013 01:51:38 AM  (Last updated: Thu, 23 May 2013 08:42:41 AM)

Hi. I am seeking for guidance and advice.

I am currently working in a poor management company. I am still a probationer and it is less than a month that my probation period will be over. In fact, all workers here are probationers even though the company is 1 year old. I heard a lot of things happened in the company due to the bad management.

 Anyway, the definition of poor here is:- 1) they not paying us EPF. They said it is because it is stated in contract of service that we will only be given EPF after becoming a confirmed staff. (the contract is so wrong. I know right about EPF) 2) they mistreat us. Always asking us to do stuff out of our job scope. I am a teacher. Expecting me to clean the toilet bowl? Oh please. 3) they don’t give fuel allowance even if they ask us to get something outstation. 4) they never give us chance to suggest something even for the sake of company well-being. If doing so, may result in termination.

Situation 1: I suggested to the management to hire a cleaner because the place is so messy since we don’t have enough time to care every corners of the company. (why expecting the teachers to clean the toilet bowl or vacuum the class?) He said ok, no problem and he will think about it.

The next day, he came to office and told the customer service that he is going to kick one of the teachers for insulting his company which is also his secondary home.

Situation 2: Since we cant have freedom of speech, I made a facebook consists of workers and ex-workers of the company. I posted a picture of 2 admins carrying a huge plastic of rubbish with a title of “picture speaks thousand of words”. Few days later, the management carries out a short meeting and only invited few representatives from each departments. My friend came out from the meeting and told me, the management mad about the picture posted and he said it is bad for public image. He said it seems like the person who posted that want to condemn company.

He ever said that bringing down the rubbish to the ground floor is actually admin job scope. So, why getting mad?

I admit I did that because I am unsatisfied with the management but it is never meant to condemn the company. I have been waiting to be called for official warning session but then nothing so far. Instead, I just heard rumors that the management is going to terminate my service after my probation period is over. They also have been looking for a new candidate teacher to be interviewed.

We, all the workers of the company are not satisfied on how the management deal or manage the company. We have been discussing to resign at same time since the contract says either party can terminate within 24hours notice. And the reason behind is just for giving lesson to the management.

My question is,

1)      Can they take legal action on us for resigning at same time and causing the company to be closed? Can they hold our wages as the penalty doing so?

2)      Let’s say, I wait until the management officially terminate me. Are they allowed to do so without official warning before terminating me? I was told that, I don’t have to worry since so far, the management never gave me official warning either  verbally or in written. So my dismissal is unjustified for not letting me to defend myself. Explain please.

KL Siew
Administrator
Wed, 15 May 2013 09:52:26 AM

You are asking for guidance and advice as you said.

Of course, there is nothing to stop a person from running his business badly. However, for me, I would get the hell out of the place when the first opportunity arises. What is the point working there.

Even if you are wrongfully dismissed, are you going to go to the Industrial Relations Department to make a claim for reinstatement under Section 20 of the IR Act? I definitely don't want to fight to go back to a badly run company.

zeeeeeeeeh
Member
Fri, 17 May 2013 11:00:24 PM
Originally posted by KL Siew on Wed, 15 May 2013 09:52:26 AM

You are asking for guidance and advice as you said.

Of course, there is nothing to stop a person from running his business badly. However, for me, I would get the hell out of the place when the first opportunity arises. What is the point working there.

Even if you are wrongfully dismissed, are you going to go to the Industrial Relations Department to make a claim for reinstatement under Section 20 of the IR Act? I definitely don't want to fight to go back to a badly run company.

I dont know any act or law. I am abit afraid when everyone decides to give lesson by resigning together since i am not sure if my employer can take legal action on us or not. No i wont fight for going back there. But  I will fight if it will make the company get sued. Just little trauma working here.

what if I resign now and the company doesnt want to pay my last working month there? I am trying to find solution so that we the workers can get benefit and that company will get abit lesson.

everyone now preparing resignation letter but i want to wait till i get my wages. afraid that if everyone leaving and left me alone here, my workload will be ALOT MORE than usual. for your info, there were alot old staffs who resigned and didnt get their payment. i am in between now. i want my wages but i dont want to stay here for getting alot more trouble.

KL Siew
Administrator
Sat, 18 May 2013 07:58:40 AM

True, some people, like you,  will fight for a principle.

I think in your case, (1) For non payment of EPF or SOCSO, you can make a complaint at these organisations. (2) It would be much better for you to get some official views of your problems. Go personally to the Labour Department or the Industrial Relations Department and discuss the issues with some of the officers there. You may get a better understanding of your case that way. However, you must be aware that they cannot do much about those admin matters like extra work load, job scople.

zeeeeeeeeh
Member
Thu, 23 May 2013 12:58:53 AM
Originally posted by KL Siew on Sat, 18 May 2013 07:58:40 AM

True, some people, like you,  will fight for a principle.

I think in your case, (1) For non payment of EPF or SOCSO, you can make a complaint at these organisations. (2) It would be much better for you to get some official views of your problems. Go personally to the Labour Department or the Industrial Relations Department and discuss the issues with some of the officers there. You may get a better understanding of your case that way. However, you must be aware that they cannot do much about those admin matters like extra work load, job scople.

Updating info.

We already lodged complain to EPF so far and EPF already sent their representative to the company. As the result, management will start paying EPF for this month. But oddly, the remaining 2 months ago (April and March) will be accumulated in May, which means that the management deduct the wages this month for paying EPF of 3 months. After calculation, we are getting half of our basic salary only. I will contact EPF to confirm about this if it is allowed. (crazy.. how could I live my life with that amount)

By the way, all the workers are not getting full salary even none of us taking a leave. We dont have annual leave since they say, probationers can only take unpaid leave. But yea, none of us take a leave. Unfortunately, the management cut one day salary off which is coming from the day after General Election Day. For your information, General election day(5th May) was on our rest day;sunday. So, there was a replacement on the next day of general election which was 6th May. There was even a noticement about it. Sadly, the management take off the noticement papers from every corners of the company and claim that he never gave any off day on that day. He claimed that our contract also said that we cant have any leave even on public holiday. Can you comment about this please?

p.s  I am trying to get help from labour department personally, it is just that i am lacking of time to do so. i am planning to go to perkeso also. only EPF so far, i could lodge complain. i probably wont be that long staying in this company after getting my salary. it is beyond my limit now

zeeeeeeeeh
Member
Thu, 23 May 2013 01:04:37 AM

Before I forgot, I would like to ask if the contract is valid if one clause said, 

"EPF and SOCSO contribution is only for permanent staff"

I was informed that, the contract itself is not valid as it is violating labour rights. Correct me if I am wrong. Or, the contract is still valid and the clause is independent to the contract?

KL Siew
Administrator
Thu, 23 May 2013 08:42:41 AM

1. As for replacement for the GE13 on Sunday, I think management need not comply with the directive of certain statement Government. You can cross check with the local Labour Office.

2. Since as you said, EPF has already visited the company as a result of your complaint and told the company to pay EPF, I can take it that the clause mentioned by you is not valid. Personally, I think that clause is not valid for EPF and SOCSO. EPF and SOCSO laws are protective laws and employers will not be easily let off because of a certain clause in the contract .

  This topic is closed