Silent firing is a practice where employers create an unpleasant work environment for employees, intending to push them to resign rather than formally terminating their employment. This can involve isolating the employee, denying them opportunities, or deliberately neglecting their professional development.
According to Universiti Malaysia Kelantan’s Professor Dr. Balakrishnan Parasuraman, such actions could be considered constructive dismissal under Malaysian employment law. Constructive dismissal occurs when an employee feels forced to resign due to intolerable working conditions created by the employer’s unfair treatment.<br>
While “silent firing” isn’t explicitly defined in Malaysian legislation like the Employment Act 1955 and the Industrial Relations Act, any employer action that causes an employee to feel unfairly treated or sidelined without proper procedures could be seen as a breach of the law. Professor Balakrishnan emphasizes that employees should not be demoted, dismissed, or pressured to resign without due process, which includes conducting domestic inquiries, providing sufficient notice, and maintaining documented performance appraisals when performance issues are cited.
Employees who believe they are victims of constructive dismissal have legal recourse. They can file a complaint with the Labour Department. If conciliation efforts fail, the case can be taken to the Industrial Court for resolution. It’s crucial for employees to understand their legal options and seek advice if they believe they are being unfairly pushed out of their jobs.
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