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Conciliation process at Industrial Relations Department

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asked on Oct 25, 2017 at 15:06
by   Amber1333
edited on Nov 9, 2017 at 07:15
 
I have a scheduled conciliation, with industrial relations department for unfair termination. I have a few questions concerning the process:

If you are reinstated by the industrial relations process or the conciliation process what happens? Especially after your position has been given away, your room destroyed, things stolen and broken. 

Also are you offered compensation for the extra stress and expenses it has cost you. Can I ask for it?  I am a foreigner and spent over 6 months looking for a job in Malaysia and then another 3 to get here. 

What is the average compensation given?
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7 Answers

answered on Oct 28, 2017 at 23:07
by   jeff005
edited Nov 9, 2017 at 07:27
 
If you are reinstated by the industrial relations process or the conciliation process what happens?
There is no reinstated if the position is taken over by others. The company terminate the "replacement candidate" starting another round at the courts?

If there are no wrongdoings at your part, you may be compensated what is stated in the Foreign Employment Contract filed with the Immigration Department. AND  have a valid Foreign Employment Permit. The "Permit" is a non-removable sticker on the pages of your passport and other relevant "stamp(s)".

All foreign employment workers must lodge a report to the nearest Labour Department, only then the case will be transferred to Industrial Relations.

Two entities are involved:
1.  Malaysia Labour Department
2.  Country's Embassy

Also are you offered compensation for the extra stress and expenses
Currently I am not aware that there are such laws pertaining to foreign workers.
You may apply Laws of Torts.. but the lawyers advanced fees can kill most people.

A case originating from the Industrial Relations Court can start from RM30,000 for foreigners, apart from deposits have to be tendered with no fixed lawyers costs.
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answered on Oct 29, 2017 at 02:02
by   Amber1333
edited Nov 9, 2017 at 07:31
 
The conciliation, with industrial relations department for unfair termination happened and nothing was decided and they stated it will be sent on to the next level for review.  

I attended a conciliation in which my employer refused to reinstate me, offered no compensation and is refusing to pay me my last pay.  I cannot ask on other forms about the firing because I am being accused of being a troll no one gets fired for those reasons; they are laughable.  

So the next step is it will be reported to head quarters then another conciliation process? reports to the director of general?  Hon Minister? the Industrial Court?  I'm so confused?  Then I must report to KL?  Its all so very confusing to me. 

My employer stated they cancelled my work visa but refused to provide me with paper work and said it was cancelled through a police report.  How can a police report that pertains to nothing about my employment cancel my work visa?  The police report doesn't even have anything to report?  Also if I am terminated, I believe its my employers responsibility as stated in contract to provide me with a ticket back to my home country.  

I have a copy of the decision after the domestic inquiry that took place at my work, is that a termination letter? How can they cancel my work visa without a termination letter? 

I'm so confused?
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answered on Oct 29, 2017 at 06:16
by   jeff005
edited Oct 29, 2017 at 06:26
by   jeff005
We here are equally confused by the way you post.
Now your ex employer has made a police report.
Now you have a DI  conducted at you.

How can they cancel my work visa without a termination letter?
A employer can cancel any work permit at any one time.
The police report against you is a legal requirement to cancel your work permit at IMI.

Also if I am terminated, I believe its my employers responsibility as stated in contract to provide me with a ticket back to my home country.
Provide that you have a valid working permit issued by IMI dept. Your work permit may be still under processing. Another issue can be the employer cancelled the work permit application since you never mention that you went to IMI for any biometric finger printing yet.

Do not apply labour laws and processes of other countries here.
For foreign workers this also involves the IMI dept.

Even if you have a legal work permit, now that it has been cancelled, you are to leave within 14 days. The process in court may take you months. IMI may not allow you to be here in Malaysia. You may have to leave first and then come back to fight. Your court case may collapse when you are not legally here at this point of time. Your employers lawyers can apply to set aside any lawsuit. Of course, you can re-enter and file the case again. At the very end, what you may get from the lawsuit is not even enough to cover your legal costs. And if the college refuses to pay, another court application. Going thru all the legal processes is enough to tear you apart mentally plus high legal fees. You do not qualify for FREE  legal aid.

You still do not understand what I have written. The more you ask, you add to your own confusion. You are applying the procedures meant for locals. Do remember that you are not local. Depending on what your ex employer has stated in their report to IMI against you. IMI Malaysia can ban you 3-5 years for re-entry to Malaysia. Even the Great USA Embassy do not interfere in Immigration matters. They have their own home country IMI issues to deal with if you have read their latest reports on Travels into the USA.

In short

YOUR EX EMPLOYER HAVE CHECKMATE u.
GOOD LUCK..!!
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answered on Oct 29, 2017 at 06:35
by   jeff005
edited Nov 9, 2017 at 07:33
 
they stated it will be sent on to the next level for review.
When negotiation or reconciliation fails, the next step is to settle it in Court.

The review is to assess if it can be brought to court.

You have your say, the employer has legal rights to say his or her part too.

We are hearing one side of the story.
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answered on Oct 29, 2017 at 14:54
by   Amber1333
I'm really sorry to upset you with my questioning.  And I don't understand nor do I believe most of what you write as it contradicts what is written on their website. 

I'm really not scared as I'm not a felon just wrongly terminated and if they choose to handle it by ignoring it then placing the blame on me than I hope it becomes reported to all foreigners traveling to Malaysia but I dont believe that is the case as I do not believe what you have explained. 

But thank you for your input.  
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answered on Oct 29, 2017 at 16:21
by   jeff005
edited Nov 9, 2017 at 07:37
 
but I don't believe that is the case as I do not believe what you have explained.
Then you have to take what is written in their website @facevalue. It is okay with me. I do not gain anything nor lose anything. Anyway my answers are not for you only. They are for others too.
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answered on Oct 29, 2017 at 17:47
by   Amber1333
OKay thanks again and if anyone else has any input that would be helpful.  
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