I'm sure 99% of the employees out there would probably know that there is something call Labor Law. But how many of you know how to use it to defend yourself in a company? Or how many of you out there who knows that the law exists and also knows that your company is wrong but is too chicken shit to use it? I know I'm not. In fact, I just made a call to the Labor Law Office earlier today. (No, I didn't have an argument with my company. This problem has got nothing to do with me.)
Here's what happened:
My colleague sent in her resignation letter two days ago and is now serving her resignation notice of two weeks. Today, the HR Department told her that she can pack her bags and need not report to work anymore tomorrow. Considering this is The Company that is terminating her, I asked if she is getting any compensation from The Company. She told me that the HR Department said that The Company has the right to terminate you and give you an early leave after you send in your resignation should they feel that you have no use for The Company anymore.
(Time to think: Who's right and who's wrong here?)
My colleague, who doesn't want any trouble and just wanted to leave, began to pack up her stuff. Feeling sorry for her, and pissed at the HR Department for thinking that they're God, I decided to make a call to the Labor Law Office to find out what is right and what an employee can do to defend him or herself should this ever happen to any one of us. (*touchwood*)
Calling the Labor Law Office, I talked to a kind lady who, after hearing about my story, told me that The Company CANNOT just terminate you as they wish. According to her, The Company will have to give you a black and white letter, saying that they no longer needed your service and is giving you an early leave…BUT they will still have to PAY YOU for the notice that you are serving, just stated in your employment contract.
In other words: they need to give you money if they want you to go before your time. (For the first time, I feel that the law is on the right side.)
In my opinion, most Malaysian employers practice some sort of invisible communism act on their employees. They always think that they are always right and they can do whatever they want to get you to work things their way. (Even though they know that it is wrong to do so.) A few every good examples of what Malaysian employers always do:
1. They tend to give the employee a RM1500 salary and claim them to be on Executive Level. In this way, the employees will not be eligible to claim overtime (OT) and the employers can now legally work them like a dog.
2. Employers will usually extend the probation period to the maximum level, (usually 4 to 6 months) so that they can NOT increase the employee's salary and save on salary.
3. Employers tend to force their employees to sign legal documents that say things like: "Top management will not be responsible for any of the employees' action," or "By signing this, I agree to be terminated by my employer without further notice."
4. Employers will force their employees to work during absurd hours of the day, like say: 6AM to 6PM on a Sunday and pay them as little as RM36 (for the whole day's work) to carry things up and down lorries and to mend booth at convention center right after completing their hard labor. (I bet even illegal immigrants earn more than that per day!)
The thing with Malaysian employees is: they know that Labor Law exist but they are too afraid to use it. Why? Because if news of them using the Labor Law against their employer spreads out, chances are, they might not be able to get another job for the rest of their life.
Most Malaysian employers are a bunch of brutal creatures that will exploit their employees as much as possible and pay them shit. An employee who fights back and sue a company with will usually lose out, thanks to something call corruption and also something call "the boss is always right" policy, which is practiced in Malaysia (and just about everywhere else in the world). The only difference is: Everywhere else in the world, employees are better treated than those who are stuck in Malaysia. The only way for us to defend ourselves is to know our rights. So, don’t be afraid to pick up the phone and call the Labor Law Office, if you have any doubt in mind.
A Jessism © 18102006
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7 comments:
*Clap*
u should print it out n show to HR department.. haha...well done man! YEAH!!!!!
Thanks, babe~!
(UPDATE: After asking my colleague to tell the HR bitches that she called the Labour Law Office herself to enquire, the idiotic people at the HR Department told her that The Labour Law "kept changing every now and then" and they - The HR people - will call the Labour Law Office to double check themselves.
Since The Company is definitely in the wrong, my colleague got paid for her early leave, and has already left the Company.)
lol, thanks for the update...
yeah! Labour Law Office "waN sui"!!
hahahaahahaha... all the best to rabbit... :P
the first 'executive' sound familiar.
i know a person who works for an NGO. his job is to infiltrate a company by posing as a new employee...he gets the job and gets in without any trouble...once in, he collects data...and once he has enough proof of employee mistreatments he files a suit against the company on behalf of the employees. The NGO sustains itself from a portion of the money of the settlement!
:P
Yes, LMF. very familiar HoR? :P
Linus, tell your friend to come here. We're currently hiring. Haha..
The staff turnover for just the publication department in the past six months: We lost two editors, three designers, and two multimedia designers. Not counting the two secretaries, two nutirtionists, four in marketing, two in finance, and those that I left out. Sigh...
Em...i listened part of the "stories" from both side(rabbit & mama), i can't say who is wrong, but just both are hurt i think. Of couse, rabbit did very well to not let HR too arrogant.
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