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Termination by employer

Fri, 10 Oct 2008 04:00:52 PM  (Last updated: Sat, 11 Oct 2008 04:34:45 PM)

Dear sir,

Below is my details:

1. Manager with salary RM6000/month.

2. Start work 22/09/08. Probation period 3 months.

On 09/10/08 the company inform me verbally to terminate my service till end Oct. Reason is economic downturn, company not much project and i was not required. The written notice will only give few days later.

The offer letter stated:"after confirmation of your employment with the company, your employment may be terminated by either party giving 1 month notice in w

KL Siew
Fri, 10 Oct 2008 04:45:53 PM

1. Leave entitlement for one completed month of service is 14/12 or 1 day;

2. Your last day should be 8/11;

3. You have the right to complain to the Industrial Relations Department. Consult that department with the termination letter;

4. You may discuss with the company about that.

Sat, 11 Oct 2008 02:27:33 PM

Thank you for your advice.

Would you advise on the following please:

1. Should i sign the termination letter before consult industrial relation department? Would it mean i accept the arrangement if sign it?

2. if i request for 1 month salary in lieu of notice and the company agree to it, would it mean a type of counter offer and i accept the arrangement?

Would it has any impact when i fight my right later?

3. my maximum no. of paid sick leave is 14 days each calendar year. It i entitle for 1 day or 14 days up to termination date?

Appreciate your help.

Thank you.

KL Siew
Sat, 11 Oct 2008 04:34:45 PM

I think what you can do now is to wait for the termination letter from your employer. After that you can decide whether you want to proceed to complain to the Industrial Relations Department for wrongful dismissal. If that is what you intend to do, don't ask for salary in lieu of notice as it might prejudice your case as you said.

Sick leave is not prorated, unlike annual leave.

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