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Message Date : 16 Jul 2008 10:09:16 pm
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| Member : |
Roselyna |
| Join Date : |
16 Jul 2008 |
| Location : |
Johor |
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If no extension or confirmation been informed to the employee after the probation period, the probationer shall still remain as probationer accoridng to the court statement below :
" There can, in our opinion, be no doubt about the position in law that an employee appointed on probation for six months continues as a probationer even after the period of six months if at the end of the period his services had neither been terminated or confirmed".
However, i do hear people circulating news saying if the employee have not been notified on his/her status after the probation period, he/she shall be AUTOMATICALLY considered confirmed ( Sounds funny but one of the court case did end this way).
Maybe the CONSULTANT can help on this matter. Thank you.
Regards,
Rose
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Message Date : 11 Jul 2008 09:14:11 pm
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| Member : |
Butterfly |
| Join Date : |
11 Jul 2008 |
| Location : |
Wilayah Persekutuan |
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Hi jinglebells,
How do you know you are not being confirmed?
If an employee never received comfirmation or extention or any officially respond after the probation, the employee is then consider a comfirmed staff.
May I know what and why you want to complain and claim from the company?
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Message Date : 3 Jul 2008 06:58:56 pm
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| Member : |
jinglebells |
| Join Date : |
3 Jul 2008 |
| Location : |
Wilayah Persekutuan |
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I have a question, I am not confirmed after 3 months but there is no letter to extend my probation. what is my status?
I have now resigned from the company, do i get to lodge a complain at the labour office? will i get anything in return? |
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Message Date : 9 May 2008 04:07:11 pm
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| Member : |
tcong |
| Join Date : |
19 Jul 2006 |
| Location : |
Pulau Pinang |
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My previous employer requires that I serve 1 month notice before confirmation and 2 months notice after confirmation. During my probation period I tendered my resignation, I was told verbally to leave without having to serve the 1 month notice. I am told that the company should still compensate me for the short notice. Is this true? If it is, how could this be done as there is no proof (verbal only)?
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The Consultant says...Either party to a contract of service may terminate such contract of service without notice or without waiting for the expiry of that notice, by paying to the other party an indemnity of a sum equal to the amount of wages which would have accrued to the employee during the term of such notice or during the unexpired term of such notice (akin to S.13(1) of the Employment Act 1955).
Without any proof to substantiate your claim (i.e. that it is your former employer who had initiated that you leave without waiting for the expiration of the notice period), there is not much you can do. For all we know, your former employer may counter claim that, without his prior consent, it is you who actually left without waiting for the expiration of the notice period. |
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Message Date : 23 Apr 2008 11:20:56 pm
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| Member : |
teoh3402 |
| Join Date : |
11 Jul 2006 |
| Location : |
Selangor |
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My employer has issued me a confirmation letter after the 3 months probation period has over however I just wonder can I not to accept this confirmation letter as I might leaving the company once I got an offer from other company?
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| The Consultant says...Confirmation is management's prerogative, and is not subject to the employee's acceptance/approval. You are therefore a confirmed staff. |
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Message Date : 26 Feb 2008 05:18:45 pm
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| Member : |
kwy |
| Join Date : |
26 Feb 2008 |
| Location : |
Selangor |
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Even you are under probation period, the employer has no right to dismiss an employee without any valid reason. The normal procedure, the employer shall appraise the employee and giving a time flame to employee improve (extended probation period). If the employee still categorize under poor performance, then only employer may terminate the employee.
The employer should and must to pay / contribute EPF and SOCSO for the employee. This also subject to income tax deduction.
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| The Consultant says...Are you able to tell us the approach provided in Smith and Wood’s Industrial Law (4th Edition) as adopted by the Industrial Court when considering complaints of dismissal of an employee/probationer on ground of unsatisfactory performance? |
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Message Date : 26 Feb 2008 12:05:06 pm
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| Member : |
yylim |
| Join Date : |
20 Feb 2008 |
| Location : |
Wilayah Persekutuan |
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My previous company is now doing 6 months probation. Some of the staffs (including myself) does not really like this arrangement because during probation period, the company can just dismiss us without have to 'compensate' us (the notice is 24 hours.. not feeling too comfortable with this).. correct me if i am wrong.
And, another question, do employers have to pay for our EPF and Socso even it's under probation?
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| The Consultant says...Your idea that "the company can just dismiss you" is not quite accurate in law. |
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Message Date : 26 Feb 2008 11:12:38 am
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| Member : |
yvnnie |
| Join Date : |
26 Feb 2008 |
| Location : |
Selangor |
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My opinion, 6 mths could provide a fair, constructive and effective evaluation. At the same time we could also provide a valuable feedback to IT employees about their performance and receive suggestions for overcoming weaknesses. |
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Message Date : 21 Feb 2008 01:41:26 pm
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| Member : |
yylim |
| Join Date : |
20 Feb 2008 |
| Location : |
Wilayah Persekutuan |
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What is the normal probation period nowadays for IT industrial? I heard some are doing 3 months in old days, but nowadays I think most company are requesting a 6 months probation... |
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