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25/04/2010 11:28:27
Re: Retrenchment Benefits

I am under contract employment. My initial contract was for one year. Following its expiration, my contract was renewed for another one year. The renewal took effect immediately at the ending under the previous contract.

My contract was terminated before I served out the one year. I was compensated only with one month’s salary in lieu of notice as stipulated in the contract of service.

I need your advise on my legitimate rights as an employee.

Can I claim for retrenchment benefits under such case?

What the law says on this?
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KL Siew
25/04/2010 21:03:27
I think you better go under Section 20 of the Industrial Relations Act asking for reinstatement, to be given back the job. Consult the Industrial Relations Department.
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25/04/2010 21:56:07
Making a representation for reinstatement is out of the question. The company resorted to termination because of insolvency.

My last resort is to seek advice as to whether I am entitle to claim for termination benefits.

What the company has done earlier was right or not?
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KL Siew
26/04/2010 08:52:40
If you are covered by the Employment Act (meaning your salary is not more than RM1500), you can try to make a claim for termination benefit at the Labour Department.
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Mr. Sab
31/01/2011 15:14:23
Working in the current position for 3years and with the company for more than 10years. Has been excel in the performance. Suddenly informed as not fit to the current position and asked to move to another completely new function. Can I resign and claim constructive dismissal ? What evidence do I need to obtain to persude constructive claims. There isn't any written letter to inform of this movement other than verbal communication from the Director and MD.
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