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Resignation during extended probation period (urgent)

Nyu Seng
Member
Fri, 23 Nov 2012 02:57:03 PM  (Last updated: Fri, 23 Nov 2012 06:25:30 PM)

Hi all,

I've joined a company during June and by the appointment letter it says that my probation period is 3 months or more.

The thing is when i sign the probation contract it says that i need to give them 2 months of notice even if i'm still on probation period.

But after 4-5 months of my working period i did not receive any sort of notice regarding my confirmation from my company.

So i've decided to resign since i did not see any intention of the company to keep me.

I've written a formal resignation to the company on the 1st Nov saying that I will leave the company on 30 Nov due to reasons above and HR did not reply me but my Senior Manager replied in written saying that all formal resignation is acknowledge 

Yesterday (22 Nov) only HR replied me saying that if i want to leave this month i need to pay them back a month's salary due to 2 months notice period of resignation signed.

The company did not give me any notice of confirmation whatsoever but still they want me to serve 2 months as resignation period.

Do they have the rights to do so ? Keeping a employee under probation period for as long as they want ?

If I leave the company by the end of this month does it means that i've breached their contract even they did not give me any notice of extending or terminating my service ? 

and I've already signed another appointment letter to another company since they gave me a better offer saying that i should start on 3rd Dec.

If i failed to show up on that day or if i gave them notice before the said day can they take legal actions against me ? saying that i breached their contract ?

Kindly advise cause I don't know what i can do anymore. 

P/S : sorry for my bad grammar. 

Regards

Nyu 

KL Siew
Administrator
Fri, 23 Nov 2012 03:35:53 PM

You have to give two months notice. Since you have given only one month notice and don't the time to work for another month, what you can do is to pay one month salary as indemnity in lieu of notice.

Nyu Seng
Member
Fri, 23 Nov 2012 03:54:57 PM
Originally posted by KL Siew on Fri, 23 Nov 2012 03:35:53 PM

You have to give two months notice. Since you have given only one month notice and don't the time to work for another month, what you can do is to pay one month salary as indemnity in lieu of notice.

But they did not give me any notice about extending my probation and just plain wasting my time. 

Can i use this against them?

KL Siew
Administrator
Fri, 23 Nov 2012 06:25:30 PM

It does not matter whether they give or not. When the written notice period is two months, then two months notice must be given.

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