Because of Covid-19 pandemic, now every other day also got retrenchment news. Ok lah, some is really bo bian need to retrench because the company buay dong liao. But hor also got some sibei suay kuan towkay who like to suka-suka luan-luan pok people one.
So, if your towkay luan-luan pok you how?
As an employee, what are your rights? What are some things to look out for? And if you believe you’ve been wrongfully dismissed, what are things you can bring out to cham siong with your boss?
Lai lai, let lao niang tell you.
According to NTUC’s assistant secretary-general Patrick Tay, here are some of the things you need to know:
Wrongful dismissal means what ah?
Last year in April 2019, the tripartite partners (MOM, NTUC and SNEF) have togetherly developed a set of guidelines on what constitutes wrongful dismissal under the Employment Act liao.
Under this set of guidelines hor, wrongful dismissal is when your towkay:
- discriminate you because of your age, gender, religion, marital status, family responsibilities and disability
- deprive you of the benefits that you are entitled to like maternity benefits
- suka-suka punish you for exercising an employment right and then anyhow give you a false reason for dismissal.
If you kena these hor, you will also need to show proof how these reasons are not legit one lah.
What if my towkay suka-suka say my performance very poor and then “force” me to resign?
Your towkay cannot just pok you like that one lah. Even if say you poor performance also need to justify one leh. And your towkay also need to sit down with you and do a performance review with you first. Must give people chance one mah, tio bo?
Cannot just one day wake up, see you not happy then pok you like that or force you to quit one lah. Fair and square.
But hor, if you got misconduct – like you steal things, dishonest, never behave at work, guai lan to your towkay or throw your company’s face – then paiseh hor, your towkay also got the right to pok you without notice ok. If misconduct is cited as the reason, then your towkay must prove this lah.
So, if my towkay got give me notice before he pok me, means it’s not wrongful dismissal ah?
If your towkay give you notice and tell you, “paiseh ah, my company no need you liao, so next month onwards you no need to come to work, goodbye” means your towkay is 混帐东西 (arsehole) sia.
Tio lah, redundancy is a legitimate reason for companies to let go of their workers, but it should be the last resort. Your towkay should see if can put you in another position or not, see if can send you go training and upskill and tyou or not first before they pok you.
And if bo bian, really no other choice liao but must retrench, the company also need to follow proper procedure when they conduct the retrenchment exercise. Towkay also need to give proper retrenchment benefits to retrenched workers, which is issued by the Tripartite Partners.
Also hor, if during this COVID-19 period, a company suka-suka go retrench workers, Gahmen support like the Jobs Support Scheme and the simi work pass privileges all these will tio suspended one.
If you believe you are a victim of wrongful dismissal, mai panic first
Before you go and look for your towkay and KPKB him for wrongful dismissal, don’t be lazy, go and take out your employment contract and scan through first. Make sure you never violate any of the terms first then can talk loudly mah, tio bo?
In the event that you cannot solve the issue with your towkay nicely and if you don’t have union to back you up, you can go file a claim for mediation with the Tripartite Alliance for Dispute Management (TADM). If your dispute really too complicated liao, your case will then be level-up and be referred to the Employment Claims Tribunal.
If you are a union member, congratulations! Got union got po-pi. You got short-cut. Just go look for your union. Your union will help you settle everything and if need be, your union will bao toh your towkay to the MOM on your behalf.
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