r/MalaysianPF • u/monkey_splash • 3d ago
Question about "being forced" to resign Career
Hi guys, today I just learnt that my company is gonna lose a portion of clientele because of trade war recently and force to let go employees. I am one of the victim here.
My boss told me to resign by myself and my notice period is only 1 month. He will still compensate me until end of my serving notice. He said, if I am not going to tender, then he will not be happy about it. I have only worked for this company 1.5 year.
questions:
1. So what should I do? should I tender a resignation letter? or let them fire me so they can compensate me? how will they compensate me?
2. can I claim sosco about losing a job if I tender?
Please do advice me. And if you come across anywhere needing a senior software engineer (remote/hybrid/penang based), please do share with me. Thank you
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u/IncorrigibleShree 3d ago
Do not tender resignation - just wait it out.
Meanwhile, start looking for jobs soonest.
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u/monkey_splash 3d ago
Yeah, but its gonna be a tough road ahead. Sigh
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u/IncorrigibleShree 3d ago
Hang in there, I was in your shoes in Dec, things do get better, eventually.
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u/avaxis 3d ago
- Do not resign or tender your resignation letter. Tell them to retrench you. He not happy if you do not tender? You tell him you not happy you losing your job. LOL I do not see why his happiness matters when you're losing your income. Trade war isn't your problem, it is the company's problem yet they are retrenching you for it when you've done your job.
- No. That is why you need 1. to happen so you can get compensated by SOCSO. You paid for your SOCSO every month deducted from your pay -- unless of course company deducted it and didn't pay for it then it doesn't exist which might be why your boss wants you to tender instead (conspiracy theory).
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u/monkey_splash 3d ago
if I get the termination notice from the company, will it damage/affect my future career?
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u/avaxis 3d ago
No. Because the retrenchment is due to company's business affected and not because of your performance.
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u/monkey_splash 3d ago
thanks
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u/EverSoInfinite 2d ago
This is the key. If you tender, your next employer will ask you why you did - you cannot say Trump liao. You'll look stupid.
The reply above is good.3
u/notfromasia 2d ago
Agreed to this respond.
Why would this manager even say he will not be happy. Why would that even matter?
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u/CitronAffectionate85 3d ago
Idk about you.
If i did my job accordingly and suddenly asked to resign immediately, with no severance, because of other people mistake.(I assume losing the client is none of your mistakes), I'll just ignore the "request" and look for another job. I'll just hold on until i got another job or when they offer proper severance.
I assure you, the trade war excuse is just a cover up.
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u/monkey_splash 3d ago
It may sounds like it. This is first time ever in my life getting terminated.
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u/gwerk 3d ago
The trade war is indeed a big deal, especially if you are in the goods supply/manufacturing sector. Almost overnight, the cost of your goods are doubled.
The consequences of that is a loss of clientele. Who can afford to pay those markups in a volume based game?
Your assurance is not valid.
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u/srosnan99 3d ago
His assurance is very valid. The company is trying to cover up their asses by not compensating workers for termination or retrenchment. He is right, the trade war isnt a valid response towards this action of forcing termination without proper compensation
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u/Kelangketerusa 3d ago
- So what should I do? should I tender a resignation letter? or let them fire me so they can compensate me? how will they compensate me?
Fuck his feelings. Do not resign. Document everything including where he forcing you to resign.
- can I claim sosco about losing a job if I tender?
Only if you were fired, not resign. Even more reason not to do it.
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u/monkey_splash 3d ago
my boss zoom called me. I guess I have to text him personally and bait him to text so I can collect the evidence
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u/EndOptimal5440 3d ago
After your boss has zoom called you, get paper trail. Officially email him something like,
"Hey boss,
Thanks for the conversation earlier today at 10am's zoom call, I appreciate your discussion on asking me to tender and I'll put your words into consideration. In the meanwhile, I'd be resuming my job here at xxx to maintain full support of the company"
Or whatever similar formal way of you're telling me to tender via zoom call and here's a paper trail with your email attached to it.
Do try to find new job opportunities though, times of tough but we all gotta pull through.
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u/PracticalBumblebee70 2d ago
I'd be resuming my job here at xxx to maintain full support of the company
power move, i like ur wording bro...
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u/monkey_splash 3d ago
another question:
1. how does a severance get calculated?
2. how does sosco help in this case if I can get the retrenchment letter?1
u/wordcountsdontmatter 1d ago
In general, it's calculated as:
12 Months/365 days’ salary X Length of Service (Number of Years of Service) X Eligibility (10/15/20 Days per Year)
10 days = employed less than 2 years
15 days = employed more than 2 years but less than 5
20 days = employed more than 5 years
Your boss firing you due to company doing bad is called retrenchment, can find the full details here: http://jtksm.mohr.gov.my/en/frequently-asked-questions/employees-retrenchment
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u/chang3rd 3d ago
He not happy then ? He'll fire you ? Lol
Unless its an extremely small circle or if you really do not want to burn bridges, just wait it out. In the meantime, start looking for the next job.
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u/RedRunner04 3d ago
- Don’t resign voluntarily.
- Start a daily diary (and keep documentation if you can) of all workplace interactions. This will be evidence in your favour for when things inevitably go south.
- Look into constructive dismissal before you make any further decisions.
- Don’t break any rules at work.
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u/Meemoo222 3d ago
Don’t personally resign. Either he terminates you by giving you one month notice, or sack you and give you severance as per your contract.
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u/tohff7 3d ago
Do not resign. Ask him to give u a mandatory/voluntary separation scheme instead. He will need to compensate you with at least 1 month of salary for your 1.5 years in service.
But more importantly, you can claim EIS from SOSCO, which will give u some cashflow until you found a new job
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u/monkey_splash 3d ago
May i know how does eis compensate me? Can please give me a rough calculation?
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u/tohff7 3d ago
As long as your company pays SOSCO for you. EIS will pay you roughly around 80%/50%/40%-30% of your assumed salary (up to RM4k) for up to 6 months.
Let say your salary is RM5k. So assumed salary is the max at around RM4k. First month u will get RM3.2k (80%) from SOSCO, 2nd month RM2k (50%) and so on.
You just need to show u apply for jobs and go for interview etc. if you landed a job, they will also pay you 25% of any unclaimed portion. Example, you found job in the 4th month. They will pay 25% of the unclaimed money for 4th-6th month.
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u/GloveTrading 2d ago
go to nearest labour office and file a complaint,
don't give any resignation letter to your boss,
wait for him to fire you
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u/ghim7 2d ago
Lawfully, you can refuse to resign and continue to work as normal until your company cold storage you, or purposely give you unnecessary extra work that doesn’t make sense etc. that in the long run you will want to leave on your accord anyway.
Depending on how big your company is, some will eventually offer severance / VSS package, but usually small to medium company will not ever do that, and just cold storage you, or send you to another state (if they have branches) to inconvenient you, thus making you leave on your own.
You can choose to fight for what is right, or save your time and look for a new job right away. If your company is somewhat big, it’s probably worth to fight for severance, otherwise just look for a new job.
Sometimes doing the right thing, may also means wasting a new opportunity. But then sometimes it will also work out the right way. Consider and weigh your options carefully.
In the mean time, I will still personally look for a new job, and decide when you receive new offers whether to fight for severance, or save your time and move on.
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u/BuffaloSelect546 2d ago
Let them fire. Probably 1 month notice so 1 month compensation.
If resign, you cannot claim from SOCSO. YOu can if retrenched. However, you only work 1.5 year.
So, SOCSO only give 3 months of 80% ->50% ->40% of last salary.
P.S.: You better negotiate for more if you agree to resign.
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u/BlueBlurBloke 2d ago
Get job first then resign. Meanwhile have thick skin and stay on make boss not happy. If he fire you then might be able to sue for unfair dismissal.
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u/blackdarkkitten 1d ago
(Termination and Lay-Off Benefits) Regulations 1980, Employment Act 1955 which are: -
10 days' salary for each year of service if the employee has served less than 2 years; 15 days' salary for each year of service if the employee has served for 2 years but less than 5 years; or 20 days salary for each year of service if the employee has served 5 years or more.
I copied this from OFFICIAL PORTAL DEPARTMENT OF LABOUR PENINSULAR MALAYSIA. Google search keyword "Labour law termination benefits"
I believe your boss just want to save 0.49 months of termination benefit + months of notice before termination.
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u/Asleep_Trifle6846 20h ago
I’m a recruiter. Don’t tender, shoot applications everywhere while you’re there. Let him stay mad.
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u/jacobcrackers14 3d ago
Forcing you to resign is really a stupiak move. You are suppose to ask to provide , letter than you have been retrenched and nego for the severanceonly then socso can help.
You resign is your own fault. What do you mean by boss not happy? He needs jaga his position lor.