Ahad, Januari 29, 2012
Morning all (referring to the time i am writing this entry)
Simply i just can't get my eyes close and my mind is so actively thinking...so i decided to prepare some work and happy to share the preview of it with all.
Many asked what am i actually do in office, okay..out of many roles, 1 of it is to handle Industrial Relations, mainly it relates to Labor Laws in Malaysia particularly to 3 major ones namely Employment Act 1955, Industrial Relation Act 1967 & Trade Unions 1959.
Certainly i wish not to further elaborate those laws this time, plus you can always google about it.
Tonight, i intended to share about section 20 under the IR Act 1967 which is Constructive Dismissal. I remember listening about it for 1st time during the IR Seminar in Impiana KLCC last 5 months. Somehow, this topic interest me the most.
In brief, Constructive Dismissal (CD) is not really a dismissal. Let's make it clear, dismissal is an act of an employer firing or terminating its employee from employment...got it? however, in the case of CD, the one who terminating the contract of employment is the employee himself, common term...resign lah :)
Why do people resign? they are so many due courses. But most of the time it is due to the conduct or behavior of the employer or the company. Simple word, employee walking out because he/she feels that he/she is being mistreated or not wanted by the company.
Sadly, many of us do not realize that we have a right to claim CD and just walk over without justice.
So anytime an employee feel mistreated (valid case), demotion for instance, he/she should formally in writing claiming the CD to his/her ex employer. Ha, yes they have to resign 1st and then claiming CD. Bring the case to Industrial Relations Department, if they win the case, IR office will either ordering reinstatement or they will get monetary compensation.
There are many other instances of CD such as transfer to a different location, substantial changes in job function, reduction of wages and many more...
Obviously, i am not a lawyer and just sharing what i know with all to further read.
Insha allah next time will share on other section or topics...