By:
Bryan Lui (Co-Managing Partner) [bryan_lui@luibhullar.com]
Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh_bhullar@luibhullar.com]
Navigating Job Scope Changes: Understanding Your Rights in Malaysia
Have you ever been asked to perform tasks beyond your initial job description? Wondering if this is fair and whether it justifies resignation and a claim for constructive dismissal? This article clarifies your rights regarding job scope changes in Malaysia.
What is a Job Description?
A job description outlines the general duties and responsibilities associated with a specific role. Ideally, it should be provided during the recruitment process or before formal acceptance of employment, ensuring candidates are fully aware of their obligations.
Example: A marketing executive's job description might include "developing social media campaigns," "conducting market research," and "preparing marketing reports."
Why is a Written Job Description Important?
The case of Yeo Teck Seng (KL) Sdn. Bhd v Foong Seong Hor [2003] ILJU 6 highlights the importance of clearly defined job scopes. While employers have discretion over whether to provide written descriptions, doing so offers significant advantages. Oral agreements are prone to misinterpretation and difficult to prove in disputes.
In Yeo Teck Seng, the employer claimed the employee’s scope included sales and client acquisition, based on an oral agreement. However, without written evidence, the court ruled the employer failed to establish the employee’s awareness of these duties. Consequently, the employee's dismissal for failing to perform these unspecified duties was deemed unfair.
Example: Imagine an administrative assistant is suddenly dismissed for failing to generate sales leads, a task never mentioned in their initial job description or during employment discussions. Without written documentation, the employer would struggle to justify the dismissal.
Can My Employer Change My Job Scope?
Employers possess managerial prerogative to amend job scopes, but this must be exercised reasonably. Drastic changes can lead to constructive dismissal claims.
In Yap Soo Hong v WRP Asia Pacific Sdn Bhd [2018] 4 ILJ 8, an Accounts Executive was reassigned to Senior Executive-Canteen/Hostel Operations, a role significantly different from her expertise. Given her lack of experience and training, the court deemed this a constructive dismissal.
Example: A graphic designer hired to create marketing materials is suddenly asked to manage the company's IT infrastructure without any prior training or experience. This drastic shift could be considered constructive dismissal.
Similarly, in Damaso v PSI Peripheral Solutions Inc [2013] O.J. No. 5781 (Ontario, Canada), an employee’s duties were expanded beyond his initial field and computer technician role to include IT administration without additional compensation. The court ruled that resignation due to excessive workload and expanded duties could constitute constructive dismissal.
Example: A data entry clerk is progressively assigned tasks related to software development, requiring specialized knowledge they lack, without any additional training or compensation. If this leads to an unmanageable workload, it could be grounds for constructive dismissal.
Changes Due to Technology
However, adapting to technological advancements is generally expected. In Cresswell v Board of Inland Revenue [1984] 2 All ER 713, revenue clerks were required to use a computerized system instead of paper files. The court held this was a change in method, not job scope, and employees are expected to adapt to new techniques, even if it reduces job satisfaction.
Example: A customer service representative initially handling phone calls is now required to manage online chat support and email inquiries. This is a change in method, not a fundamental shift in their core job function.
Key Takeaways and Recommendations
Written Job Descriptions: Clearly define duties to avoid misunderstandings and facilitate performance evaluation.
Example: A written job description for a project manager should explicitly list responsibilities like "budget management," "team coordination," and "client communication."
Flexibility vs. Clarity: While flexibility is sometimes needed, well-drafted, legally reviewed job
descriptions can balance flexibility with clarity. Consult an employment contract lawyer Malaysia to ensure your job descriptions are sound.
Example: A startup might include a clause in the job description indicating that employees may be required to perform "other related duties as assigned" to accommodate the company's evolving needs, but this should not be used to justify entirely unrelated tasks.
Reasonable Amendments: Employers must exercise managerial prerogative reasonably. Unilateral, drastic changes can lead to litigation. Consult an industrial relations lawyer Malaysia for advice.
Example: Before reassigning a sales representative to a completely different department, the employer should discuss the change with the employee, provide adequate training, and consider any potential impact on their career.
Open Communication: Prioritize communication and negotiation to reach amicable agreements.
Example: If an employer needs to assign additional tasks, they should discuss the reasons with the employee, explain the benefits, and consider offering additional compensation or training.
Legal Consultation: Seek employment law advice Malaysia from an employment lawyer in Malaysia or an employment law firm in Kuala Lumpur to avoid potential legal pitfalls.
Protecting Your Rights
If you believe you have been subjected to unfair job scope changes, you should consult an employee rights lawyer Malaysia. If you believe you have been unfairly dismissed, you should seek a wrongful termination lawyer Malaysia. If you have experienced discrimination, consult a workplace discrimination lawyer Malaysia.
Understanding labour law Malaysia is crucial for both employers and employees. If you are searching for “employment lawyers near me” in Kuala Lumpur, know that an experienced legal professional can help you navigate these complex issues.
Comments