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leong
23/09/2009 17:33:09
Re: STAFF RELOCATION MATTER

Hi.

My company desire to transfer one technician to Shah Alam outlet who previously located at Puchong outlet without increase in his remuneration and position.

My question is: Can the company have right to relocation their staff because there is no such clause stated in the offer letter?

Any action can be taken by the staff if he refuse to transfer due to no black and white stated?

Any clause under EA protect that staff from being relocate to other outlet since that staff 's salary only RM1,200.00?

Thanks & regards
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KL Siew
kl_siew@yahoo.com
24/09/2009 12:10:12
You may have to read Section 12(3)(e) of the Employment Act as follow:

" (3) Notwithstanding anything contained in subsection (2), where the termination of service of the employee is attributable wholly or mainly to the fact that:

.......
..........

(e) the employee has refused to accept his transfer to any other place of employment, unless his contract of service requires him to accept such transfer; or

.......

the employee shall be entitled to, and the employer shall give to the employee, notice of termination of service, and the length of such notice shall be not less than that provided under subsection (2)(a), (b) or (c ), as the case may be, regardless of anything to the contrary contained in the contract of service."

The parties should first find a amicable settlement to the matter so that no one will lose out. So, when the transfer is not possible to be carried, the law seems to say that there is no other choice except for the contract of service to be terminated. When transfer is not mentioned in the contract of service, the employer will have to give notice and pay termination benefits and other obligations under the law. It is really up to the parties now.


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leong
28/09/2009 13:31:41
Thanks for your advise.

After discussion, the staff refuse to accept the transfer. Then company have no choice to give notice of termination.

My question: 1) The staff worked for less than 5 years but more than 2 years. so we need to give 6 weeks' notice?
2) Do the company still need to pay termination benefits to that staff? How to calculate the compensation?

Thanks a lot!
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leong
28/09/2009 14:36:10
for your information, the staff is pregnant, she will deliver child on this coming nov'09.

Thanks.
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