About my current job situation

0POSTS

8 years ago

Dear Readers,
Hi, may I consult about my current work situation?
I am currently working at a pretty big multi national company. This is my fourth year in 2017 with them, in April 2018 I will be exactly 4 years working with them. In the previous years I have all strong performance review. I was thinking that I will get another same review at least this year since I had more over time work hours this year (from the count of claimed over time invoices that got approved). However They reviewed me for poor performance and they kept mentioning at my mistake at work that I barely made.
They gave me 2 options, first option, I can resign voluntarily by signing a resignation letter within 1-3 moths with no compensation for 3 months or with 1 month compensation for 1 month resignation and they will give good feedback to other company. Second option is I have to take Performance Improvement Program (PIP), they will review me every week/biweekly basis, if I don’t make improvement then they will fire me and will give me 4 months compensation, but with poor performance feedback to other company.
I am now in the midst of signing the voluntarily resignation letter now since I think this is the better option to take with good feedback. I feel like I am being forced to resign in this company.
My questions are:
Is this legal action by any company to force an employee to resign like this?
If it is legal, then I will move on to look for another job which is pretty hard since I am in my middle age and Its been awhile I work with this company.
If it is illegal, any action you could recommend I should do next?
Thank you

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lukereg ViP

2114POSTS

8 years ago

If you are in New Zealand then you should contact a lawyer to discuss this rather than us.
Working overseas as an expat is always about constant good performance without error or issue and if you are on yearly contracts teh company is not obliged to keep rehiring you.
You should look at the effects this will have on you over what the company is expecting from you and really seek professional advice from the country that you are currently in .

guestposter77 Guest

0POSTS

8 years ago

Thanks for the reply, I am currently in Indonesia. I have been a permanent employee since I hired the first time. I have Contacted ILO but no response. I contacted 2 lawyers which I found their article posted about this forced resign in the website, 1 of them has no response, the other one is actually work closely with the company I worked for so they can't help me.

abdulkhalil Banned

684POSTS

8 years ago

So you are an Indonesian employee working for a multinational company in New Zealand or Indonesia?

Personally I feel that if a company does not want to keep me or is not happy with my work, then prospects for future promotion do not exist and I might as well move on and find another job. I'd take the compensation along with the good letter of reference. A good letter of reference is important.

I also probably wouldn't take a lawyer, which in my opinion is money down the drain, and I wouldn't want to sue a multinational company because that would take over your life and create enormous stress and not help your future job prospects since you'd never get a good letter of reference. By the way, sue them for compensation or to keep your job

Bottom line is that the company can say that your performance is lacking and rather than firing you they wanted to offer you the chance to resign.

If a company doesn't want you then it's time to move on. Don't waste their time and don't waste your own.

From my own personal experience, and I am 60 years old, it's good to change jobs or even direction, and what I've experienced is that even though you may initially go through a little hardship, you'll end up happier and probably with something better in the future as long as you have confidence in your own ability. Obviously you are unhappy in your current situation and it must be very stressful. Why hang on?

abdulkhalil Banned

684POSTS

8 years ago

By the way, you describe this as the company forcing you to resign.

If, as the company says, your performance falls short of their requirements, then don't they have the right to terminate your contract? By offering you alternatives to better yourself on their PIP Program or to be able to resign with some compensation might be considered as going beyond what they are required to do. It may also depend on the terms and conditions of termination in your employment contract, i.e. period of notice, compensation, reason for termination etc. All this information we do not have.

I am not taking sides in this matter and obviously we are hearing just one side of the situation, but if this is a multinational company their HR department more than likely knows exactly what they are doing.

MF24 Member

12POSTS

8 years ago

Hi,

If you are a member of a trade union, contact them to help you. If not join a trade union to support you struggling for your rights using labour laws whether they are local or international ones.
Good luck

Yours sincerely

Michel

guestposter77 Guest

0POSTS

8 years ago

Thanks for all the replies.

guestposter77 Guest

0POSTS

8 years ago

No They don't. on my contract, termination by employer only happen when you have committed crime and/or doing drugs.

abdulkhalil Banned

684POSTS

8 years ago

So what you seem to be saying is that the company cannot terminate your contract based on poor performance?

If you still have this situation and haven't found another job yet, and still want to fight their decision than take a lawyer. However, your legal costs might could be high and that is something you need to take into account.

My belief is still that if your employer is trying to get rid of you, move on to somewhere where your ability is appreciated.