Constructive dismissal

sekadar nak share info dari my colleague:

http://en.wikipedia.org/wiki/Constructive_dismissal
In employment law, constructive dismissal, also called constructive discharge, occurs when employees resign because their employer's behaviour has become so heinous or made life so difficult that they may consider themselves to have been fired. The employee must prove that the behaviour was unlawful — that the employer's actions amounted to a fundamental breach of contract, also known as a repudiatory breach of contract.

The exact legal consequences differ between different countries, but generally a constructive dismissal leads to the employee's obligations ending and the employee acquiring the right to make claims against the employer.

ni petikan dari blogger lain, "Idiot’s Guide to Constructive Dismissal (Malaysian Law)"
http://skorcareer.com.my/blog/constructive-dismissal-in-malaysia-definition-how-to-claim/2008/04/16/

In the book: A Handbook of Malaysian Labour Laws, the author outlined 9 possible circumstances that may give rise to a claim for constructive dismissal:

1. Arbitrary reduction of wages, commission, allowance etc
2. Withdrawal of contractual benefits e.g. car, housing, entertainment, free meals, free laundry services etc., provided they are stipulated in the Contract of Service
3. Altering or taking away facilities reflective of the position (for example company direct telephone line, room and personal secretary)
4. Demotion to a lower post, with or without reduction of salary, fringe benefits etc.
5. Transfer to a different location if such transferability is not clearly stated in the Letter of Appointment
6. Substantial changes in the job function, especially if the employee is incapable of performing those functions
7. Behavior by the employer, intended to humiliate the employer
8. Acts of victimization (for example, setting unattainable deadlines, constant fault-finding and harassment)
9. Threatening with dismissal if the employee does not resign from the job

p/s: Disclaimer: ketepatan maklumat di atas tidak dijamin.... aku quote balik author's disclaimer.. heher "You should seek a proper legal advice before acting."