KUCHING: Employees facing unreasonable dismissal or retrenchment are urged to lodge a complaint with the Sarawak Labour Department for legal proceeding.
The department’s senior assistant director, Ahmad Lamat, said the verdict of Labour Court could only be challenged in the High Court.
He urged Sarawakians, who were still unaware of their employment rights or clueless about Sarawak Labour Ordinance and those having been mistreated at the work place, to come forward.
“When you are dismissed for unreasonable causes, you should be compensated. If an employer dismisses a worker with no good reasons, people are entitled to some benefits.
“Employees who feel that they are not fairly treated or termination not fairly done can personally come to the department to complain, and we will refer the case to the Labour Court,” he told the press at his office here yesterday.
Under the ordinance, Ahmad said employers found guilty of illegitimate dismissal would be ordered to pay 10-day wage per year for employees of two years’ service and below, 15-day wage per year for those serving more than two years but less than five years, and 20-day wage per year for those with over five years’ service.
He said the Labour Court here heard a case or two every working day, but lamented that many people were not aware of its existence.
Last year, the court handled 839 cases lodged from all over the state, of which 388 cases came from Kuching alone.
Calling on employees in the state to stand up for their benefits and rights, Ahmad said the department would not be able to assist them should they keep
silent of any employment malpractices.
He said, for instance, if salary was trimmed for no good cause, workers must voice their concern otherwise they would be regarded as giving their consent to the move.
“If your salary is reduced suddenly, even by RM1 then it is an issue. Any unreasonable cut or salary reduction without your consent can be deemed as a dismissal.”
He added that no employers had the right to simply serve employees notices to terminate their services.
“Employers can serve notices, yes, but they still have to give good reasons for the dismissal. If an employer terminates an employee because of the
latter’s misconduct, it makes sense.”
He, however, said the department could not help employees, who felt that they were
underpaid.
He said the issue of salary dissatisfaction could not go to trial since “it is the freedom of employers” to decide how much to offer.
On retrenchment, Ahmad said he saw it as a good indication of how healthy an economy was.
As such, the state had a moderately healthy economy since it registered only 61 cases of retrenchment last year and 76 cases in 2010, he said.
“Employers are required to notify the department should they retrench any worker. The figures we have are normal and would be registered in any place in the world.”