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Termination Letter for the worker who refuse to transfer branch

Thu, 03 Dec 2015 07:30:14 PM  (Last updated: Fri, 04 Dec 2015 11:23:42 AM)

Dear Sir,

The following are my concerns:-

1) About 4 months ago, the company have official meeting and verbally announce that branch(A) is closing down and worker from branch (a) require to transfer to branch (b).

2) In the appointment letter, there is transfers clause included and 1 month notice on termination of service.

e.g: The management reserves the right to reassign your job functions or transfer you to other section within the group of companies.

3) 1 of the staff works for 10 years (salary above RM5,000.00) refuse to transfer to branch(b) and she refuse to submit resign letter.

Can company write a termination letter to her and just pay until her last working day + annual leave balance?

KL Siew
Fri, 04 Dec 2015 08:06:11 AM

The company may do so after holding a domestic inquiry and give a chance for her defend her case.

Fri, 04 Dec 2015 09:31:57 AM

Thanks for the feedback.

1 last question, just out of curiosity, since she's not covered by EA, regarding to the lay off benefit, can company choose not to pay?

*note: company choose to compensate her, i'm just asking for the sake of knowledge*

KL Siew
Fri, 04 Dec 2015 11:23:42 AM

I was not having the EA or payment of termination benefits in mind. Termination case may come under the Industrial Relations Act (section 20) and may eventually end up in the Industrial Court. Without going through a DI, it will be a disadvantage for the employer. You can also pick the brain of the IR Department about your case.

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