The difference between VSS, MSS and retrenchment is simply the voluntariness of leaving the position employed, and the mode of which this is done.
When hiring new employees, employers will usually put them on a “probation”. The purpose of the probationary period is to allow employers to assess whether the new employee is suitable for the role and whether they will be a good fit for the company.
“It will be clear that the underlying basis of the doctrine of [forced resignation] is the existence of facts showing that an employee was put under compulsion to resign and that if he declined to do so, the employer would proceed to dismiss him in any event.”
Sexual harassment in the workplace is nothing new, and as I write this article I feel as if I may be beating a dead horse. Though this area has been extensively discussed, I will do my best to not only discuss the legal aspects of it, but also offer practical solutions to both employers and employees.
The Industrial Court dealt with the issue of an employee who was placed on a fixed term contract after being retired in Wong Mei Yoke v Tien Wah Press Malaya Sdn Bhd  1 ILR 20. The decision of this case changed the legal landscape on fixed terms contracts in Malaysia.
The use of video conferencing in Courts is not new. Due to COVID-19 and the Movement Control Order, the civil courts have also allowed more hearings to be conducted online. We have even recently seen a Court of Appeal hearing live-streamed on the judiciary’s website. Can the same be adopted by the Industrial Court?
Employees whose monthly salary does NOT exceed RM2,000 is protected under the Employment Act whereas others are considered as the “Non-EA Employees” which will usually be governed by the terms of their contract of employment. However, most employers still use the Employment Act benefits as a guideline or “bare minimum”, even for the Non-EA Employees.
Although the notice period issue is only looked at from the lens of an employee most of the time, it should not be overlooked that employers similarly have rights to ensure that a resigning employee complies with their contractual obligations. An abrupt resignation or abandonment of employment can cause an employer loss and damage as there would be an unplanned vacancy.
According to the Cambridge Advance Learners Dictionary, an ‘employee’ is defined as “someone who is paid to work for someone else”. While the word in itself appears to encompass all employees, not all employees are provided for under the Employment Act 1955.
It does not take a genius to be aware that the economy is not in its best state right now. Thus, it is only natural that such a situation would clearly affect the employment status and jobs of many. Some of these scenarios may include employees becoming dissatisfied with their current employment or even start questioning as to whether it is simply time to move on and spread their wings elsewhere.