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Angela
lawsul@yahoo.com.tw
04/05/2009 19:51:10
Re: Change of Ownership without Notice

Hi Sir

I have work with a company for 13 years. Recently, there is a change in ownership.

Our office is in Kuching, the new employer will transfer the whole office to Sibu. Our old employer has not inform us on this matter before the transfer. After 3 weeks, we have not see the new employer, and there is no and plan on how to remove us. Please help, please advise us.

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KL Siew
kl_siew@yahoo.com
04/05/2009 20:37:24
I strongly advise you to consult the Labour Department in Kuching.
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Angela
05/05/2009 15:58:13
dear Mr Siew,

do you see any case valid from my explaination?
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KL Siew
05/05/2009 16:24:56
I don't know, things look like pretty unclear. You can always seek explanation from your employer about your suspicion if you want to or just carry on with your work as usual as if nothing has happened.
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Angela
05/05/2009 16:33:34
We have no changes to speak to our ex employer, because he is not in kuching.

The new employer has he office in Sibu, and they have decide to transfer some of the department to Sibu, eg accounts department etc., so those people in kuching have no choice but resign???

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Angela
05/05/2009 16:34:24
about our ex employer

after the transfer, his is not in kuching but in australia.....
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Angela
05/05/2009 16:44:50
if we refuse to re-allocatet to sibu...(which is the new office)

should be have any option if we do not want to be allocated?

The distances is too far from our original office, please help.


rumous has come out from the office in Sibu, and they are many staff had resign after serving the compay for many years, i just feel like it is unfair to the employees
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KL Siew
05/05/2009 17:06:56
Are you still getting your salary? From where?
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Angela
05/05/2009 17:12:02
getting the salary from the new employer (until today i havent receive the last month salary.

they have decide to reallocate the accounts department to sibu (which there are currently 7 of us), they had minute it down. in ended of may..
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Angela
05/05/2009 17:14:56
most of us staying in kuching not sibu (5hours journey drive).
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KL Siew
05/05/2009 17:18:27
So, just waste no time, complain to the Labour Department or the Industrial Relations Department in Kuching.
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Angela
05/05/2009 17:35:27
Siew, complain on what ground? can you see any specific case?

i have made an appointment with the IR in kuching
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Angela
05/05/2009 20:14:08
Siew

Thanks for reply

but i need a clearer route to make a complain,

this is what happened

begining of this month, the management and the new employer had a meeting in Sibu, there are 2 things that is concerns to the employee (which mention by some of the people had attended the meeting):-

1) the current employed monthly paid supervisor (permenant) must change mode of employment by contract (position switch from employee to contractor) with immediate effect.

2) the accounts department in Kuching must move to Sibu (the new head office) proposed by the new employer, to take effect on 30 April 2009, but my senior manager has reject his proposal, but change the reallocation to 30 June 2009, then some the redundant staff must resign from the company.

3) downsizing the current office from 16 employees to 4.

all the above has been annouce by our manager in Kuching office on 13 of April 2009.

======================================================

my collegue has made an approach to the IR in Kuching for their advice, but they say there is no case, saying there is nothing wrong after my collegue explained what i have explained to you.

nevertheless, i will go and make a complaint myself, but i must know what to convince him/her on the matter.

should i make a compliant

1) on the old employer of not handling proper procedures on the old employees,

2) not giving option of choice, since the old employer know what the new employer will do to the old employees (transfer the accounting department to sibu), so what happen to the employees in Kuching? should they take the advice from the employer to just resign from the new employer.?

3) if they make the transfer to sibu, can we (7of us refuse to be transfer), the distance is too far. (if they just order us to do the transfer in the fews months time, what next? if we refuse to transfer, can they dismiss us without compensation?)


please help
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KL Siew
05/05/2009 22:55:38
Please answer the following question clearly:

1. Have you received a transfer order from the new employer transferring you to Sibu. and what the letter exactly said? No more "if".
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Angela
06/05/2009 09:00:54
Yes, no black and white,but orally.

Now, i have to finish the audit work until begining of June and help them to transfer the whole accounting system to Sibu before 30 June, we are worried, what next?

the whole accounting department is desolved for sure on 1 july 2009. we just want to know our standing now, where should we work? Should this implied something? people are resigning because afaird of begin to transfer. These people have work for the company for more than 5 years.

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Angela
06/05/2009 09:15:57
I just want to find out what are the sensible things to do, before it is too late.

People are resigining without compensation, after they have work for the company for so long. It is unfair to us.

Siew, you may think that it is reduculious to ask such a question, becuase we are handless
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KL Siew
06/05/2009 15:08:32
So, the only sensible thing to do is not to resign on your own accord. If you resign, you may not get any compensation. Stick it out until you got concrete instructions from your new employer. If you think the verbal instruction for the transfer is good enough, make up your mind whether you want to go or not. If you don't want to go and there is nothing mentioned about transfer in your contract of service, tell your new employer so in writing and let them take follow up action.

Meanwhile, acquaint yourself the Employment(Termination and Layoff Benefits)Regulations, at http://pesaraonline.net/terminationbenefits.htm

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Angela
06/05/2009 17:13:36
Dear Siew

Thanks for your advice, i am very clear now on my standing.
Thank you very much.

and thanks for the reference above.

It just that these people are ah peng (), no matter how i will follow the law that is protecting us.

thanks again
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