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Resignation during probation perdiod

Alvin L
Member
Mon, 29 Oct 2012 05:43:35 AM  (Last updated: Mon, 29 Oct 2012 03:16:52 PM)

This is my case,

In my contract stated a probation period of 3 months and my performance will be reviewed and my appoinment will be confirmed. Probationary period can be extended if necessary.

I am serving the company for the fouth month and yet to received any confirmation letter from the management, neither any form, for instance giving me bonus/ getting medical claim/ etc to implement that i am confirmed staff.

I start working on the 7th July 2012 and i tender my resignation letter on 27th Oct 2012 (almost 1 month after the end of probation), which in the contract stated that during the probationary period either party may terminate this contract giving 2 weeks written notice. I am giving a notice due on 16th of Nov, 2012.

Right after i tender my letter, my company told me that i am already an confirmed staff and wanting to give me my confirmation letter right after my resignation and they claim that according to labour law, the agreement on confirmation can be done prior and my consent is not needed, is that true? ( Whereas, "when no confirmation is received after the probationary period, the employee is deemed to be confirmed." this statement is not included in the contract.) I just wonder is there a new amendment on Labour law?

For my case do i still reserve the right of an probationer which only need to give a 2 weeks notice and i can leave on the date i stated above? Can the company do anything against me if i insist to leave? They already took my resignation letter but saying they will pretend that they didin't receive any. Do advise. Thanks.

KL Siew
Administrator
Mon, 29 Oct 2012 11:01:52 AM

There is nothing in the Employment Act concerning probation or confirmation. It is something between the company and the employee. If the parties cannot settle the dispute amicably and ended up in your salary being withheld, then you may have to bring the matter up with the Labour Department.

Alvin L
Member
Mon, 29 Oct 2012 12:53:54 PM
Originally posted by KL Siew on Mon, 29 Oct 2012 11:01:52 AM

There is nothing in the Employment Act concerning probation or confirmation. It is something between the company and the employee. If the parties cannot settle the dispute amicably and ended up in your salary being withheld, then you may have to bring the matter up with the Labour Department.

As in the contract stated 3months probation. If at the fourth month I still haven't get any confirmation prior to my resignation, I am still treating as probation staff?
KL Siew
Administrator
Mon, 29 Oct 2012 03:14:21 PM

As I said there is nothing in the EA, I can't tell whether you are confirmed or not. However, you may read this article to get some views.

Alvin L
Member
Mon, 29 Oct 2012 03:16:52 PM
Originally posted by KL Siew on Mon, 29 Oct 2012 03:14:21 PM

As I said there is nothing in the EA, I can't tell whether you are confirmed or not. However, you may read this article to get some views.

alright. thanks

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