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Sunshine
07/12/2015 16:28:13
Re: 关于Downsizing

公司打算关闭其中一间店铺,同时也打算在别的商场开一间.
如果员工不愿意从那间关闭的店转去新的店做,可以叫他们自动辞职吗?
又或者公司可以叫他们做多一个月当作通知?
还是需要作出赔偿?
谢谢!
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KL Siew
klsiew.my@gmail.com
08/12/2015 09:05:35
请慢慢参看下面劳工法令12(3)。然后亲自上劳工局一趟询问官方的意见。有关赔偿你可以参看Employment(Termination and Layoff Benefits)Regulations.

12(3) Notwithstanding anything contained in subsection (2), where the termination of service of the employee is attributable wholly or mainly to the fact tható

(a) the employer has ceased, or intends to cease to carry on the business for the purposes of which the employee was employed;

(b) the employer has ceased or intends to cease to carry on the business in the place at which the employee was contracted to work;

(c) the requirements of that business for the employee to carry out work of a particular kind have ceased or diminished or are expected to cease or diminish;

(d) the requirements of that business for the employee to carry out work of a particular kind in the place at which he was contracted to work have ceased or diminished or are expected to cease or diminish;

(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

(f) a change has occurred in the ownership of the business for the purpose of which an employee is employed or of a part of such business, regardless of whether the change occurs by virtue of a sale or other disposition or by operation of law,

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 paragraph (2)(a), (b) or (c), as the case may be, regardless of anything to the contrary contained in the contract of service.

(4) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.
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Sunshine
08/12/2015 10:15:40
Hi,
这个:
(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

我看了他们的appointment letter, 有这个:

PLACE OF WORK
4.1 You will normally be required to work at XXX but you may be required to work at other locations specified by us within Kuala Lumpur.

意思说如果他不接受就可以叫他们自动辞职又或是公司可以叫他们做多一个月当作通知?

谢谢!
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KL Siew
08/12/2015 11:01:27
你叫他们辞职他们可以不要辞职。如果你们解雇他们可能又得赔偿如下面Termination Benefits Regulations:
"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.

看来是相当复杂是不是? 你们还是向劳工局请教请教为妙。
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