Re: Terminated and reappointed- any termination benefits? (URGENT-TQ)
Greetings, My factory changed new management and they offer us reappointment. I'm an officer from Quality Control section oversea around twenty lab assistants. Salary more than RM2K. My jobs include: supervise the lab assistants, verified the lab results, troubleshooting on analyses and instruments and others as required. Some hands-on but not always more than 50% of the daily working hours. My questions are: 1) Am i entitle to any termination benefit as those below RM1.5K entitle? 2)what does it mean by 'manual labour' in First Schedule? Is Quality Control included? Please advice and thanks in advance for the help.
Regulation 8 of the Employment(Termination and Layoff Benefits)Regulations 1980 states as follow:
" 8. (1) Where a change occurs (whether by virtue of a sale or other disposition or by operation of law) in the ownership of the business for the purposes of which an employee is employed or of part of such business, the employee shall not be entitled to any termination benefits payable under these Regulations, if within seven days of the change of ownership, the person by whom the business is to be taken over immediately after the change occurs, offers to continue to employ the employee under terms and conditions of employment not less favourable than those under which the employee was employed before the changed occurs and the employee unreasonably refuses the offer.
(2) If the person by whom the business is to be taken over immediately after the change occurs does not offer to continue to employ the employee in accordance with paragraph (1), the contract of service of the employee shall be deemed to have been terminated, and consequently, the person by whom the employee was employed immediately before the change in ownership occurs and the person by whom the business is taken over immediately after the change occurs shall be jointly and severally liable for the payment of all termination benefits payable under these Regulations. ........"
So, it says if you are offered to be reemployed with terms and conditions which are not less favourable, you are not entitled to termination benefits. Although you are not covered by the Regulations, you may not be entitled if the same principles apply. Seek a official opinion from the Industrial Relations Department concerning your case.
About the question of 'manual labour', to put it simply, if a person is employed more for his knowledge, he is then not a manual labour .Although 'manual labour' is not defined in the EA, it is actually not difficult to decide who is one and who is not. For you, you are surely not a manual labour, trust me.
KL Siew has put up a sister site by the name of mylabourlaw.net, which is in effect a more user-friendly version of the present popular pesaraonline.net. The site is in the process of being fine-tuned but it is fully functional. You are invited to visit the website at http://www.mylabourlaw.net and give your views or suggestions. Queries can be posted and be responded from there as usual.