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Disparity in termination notice for probation; employer to give a shorter notice than employee

Mandy WSK
Thu, 10 May 2012 05:19:50 PM  (Last updated: Thu, 10 May 2012 05:50:18 PM)

Hi there,

I'm having a dilemma regarding my probation contract which I have signed without knowing the labour law here in Malaysia. I have been in the company for more than half a year and have received a confirmation letter but I have been stalling on signing the confirmation letter as I wish to move to another company.
The problem I have is that it is stated in the probation contract that I need to give a 2 months notice for resignation but the company only needs to give me 7 days notice if they wish to terminate my contract. From what I have been told, the termination notice has to be equal for both sides; meaning if I have to give 2 months notice for resignation, they have to give me 2 months notice as well if they wish to terminate me (please correct me if I am wrong on this).
So now I'm wondering if I can use that to negotiate for a shorter notice period. Since it is written that they can terminate me with 7 days notice, I should be able to give a 7 days notice to the company as well.
I do not want to burn bridges with the company and wish to maintain a good relationship with them so I would like to negotiate the notice down to 1 month.
Please advise and share your experience on whether this is legally possible. Thank you  :)
KL Siew
Thu, 10 May 2012 05:44:58 PM

That was for probation period, what about the required notice period after confirmation, which you already have received? Is it still trhe same, 2 months for you and 7 days for employer? If it is, there should not be disparity, as you said.

Mandy WSK
Thu, 10 May 2012 05:50:18 PM

It is still the same in the confirmation letter but I have no signed it. So it is not considered valid anyway right? But in my current situation, if i want to leave in 1 month instead of 2, would I have to pay compensation for the 1 month?

Looking forward to your response. Thank you :)

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