alex

8/18/2007 5:47:58 PM
Re: Are the company can change the Employee Handbook any time

Good Day,

As for last year, my company already process a one employee handbook, but without any official inform to all of staff ( without MEMO ), but company already implement the rule inside the employee handbook. My question is
1. inside the employee handbook, the termination contract of service for confirm employee is need 1 month notice, but labour law is need more longer time, which one i should follow.

2. my company employee handbook have a one acticle is about LAY-OFF AND TERMINATION BENEFIT. The sentence is as below :

""2.12 LAY-OFF AND TERMINATION BENEFIT
As per Employment Act 1955 and Employment (Termination and Lay Off Benefits) Regulation 1980.

ĽAn employees who have completed above than 36 months of continuous service with the company will be entitled to get lay-off and termination. Lay-off and termination benefit shall be calculated based on the service period (>36months) and current month salary.""

If i resign from the company, the employer should paid back me the lay off benefits. My boss now want to delate this sentence, are this will against the labour law, because before this company already paid to employee who already resign.





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KL Siew
kl_siew@yahoo.com
8/20/2007 2:48:29 PM
Actually if you resign you are not entitled to termination and lay-off benefits as provided in Regulation 4(3) of the Employment(Termination and Layoff Benefits)Regulations 1980 as quoted below. If what you said was true, your company might have made a mistake by paying termination and layoff benefits to employees who resigned.

"4. (1) Subject to paragraphs (2), (3) and (4), an employee shall be entitled to termination benefits payment where his contract of service is terminated for any reason whatsoever otherwise than -

(a) by the employer, upon the employee attaining the age of retirement if the contract of service contains a stipulation in that behalf; or

(b) by the employer, on the grounds of misconduct inconsistent with the fulfilment of the express or implied condition of his service, after due inquiry, or

(c) voluntarily by the employee, other than under section 13 (2) or the reasons specified in section 14 (3) of the Act. .."

For details of the Regulations please go to http://pesaraonline.net/terminationbenefits.htm


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