August 06 2019 0Comment

Is There a Law in Malaysia that Can Protect You in the Event that Your Boss Forces You to Resign?

You consider yourself to be a pretty good employee. You do your job pretty well and you always assure your boss of your great performance in every possible way. Unfortunately, there can be instances where you and your boss may not get along and because of such rifts, your boss could potentially want you out of the company.

Your employer might know a thing or two about the law, which is why they just cannot fire you for no good reason. So, what do they do instead? Well, in most cases, they will make the work environment so unbearable for you that the only logical thing to do would be to forcefully exit the company.

They might hold off on your salary for a month or two, increase your workload about twice or thrice your original work, or perhaps they will disregard your request for sick or vacation leave.

Whatever the case may be, if it so happens that your boss does this to you, there is actually something that you can do. You can acquire some legal services to help you in this regard. But, what exactly is your case against your employer?

Constructive Dismissal

Whenever you work for a company, they are mandated by law to provide you with a contract that protects both you and their rights. Constructive Dismissal happens in the event that your employer forces you to resign of they happen to do something that breaches the contract that you have signed.

The Employment Act of 1955 and the Industrial Relations Act of 1967 provides certain protections to workers in that they are given the power to sue their employers under specific grounds. Basically, the two pieces of legislation state that no worker should be terminated without a just cause.

Just to be clear, the grounds for constructive dismissal are too broad to cover in this article, but I will give you the most likely cases. The factors may include:

  • Every worker has a job to do based on their job description. For instance, if you are hired as an IT analyst, you should not be forced to do some accounting work or anything that is unrelated to your field of specialization. If the employer transfers you to a position where you have to do work that is completely unrelated to your field, then that can be a grounds for constructive dismissal.
  • The law mandates that every employer should pay their employees on time. In the event that they are found out to deliberately delay payment, then they can be sued by the worker.

Two Things

Before you can sue your employers, the Malaysian court would require an employee to satisfy two things:
a.Did your employer do a breach of contract?
b.Did you resign under grounds that your employer made it so much harder for you to work in the company (i.e. making you work in tasks that you are not capable of doing, etc.)?

If you satisfy both grounds, then what you will need to do is to go to the office of Industrial Relations and they will guide you through the process.

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