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Notice Period and Compensation Calculation Query

Sun, 03 Nov 2013 11:56:45 AM  (Last updated: Sun, 03 Nov 2013 11:01:56 PM)

Dear MyLabourLaw,

I have been working in this company for 5 months now. As per the offer letter stated,

"You will have to undergo a probation period of 3 calender months from date of commercement of employment. At the end of this period your performance will be reviewed by Management who reserve the right to confirm or terminate your employment, or to extend your probation period."

My current situation is management did not review my performance despite over 5 months from commencement date. I seeking for answer however no response from management about the performance review.

Under the clause Termination of Service, offer letter clearing stated as "During probation period, your services maybe terminated by giving 30 days notice by either party. If you are a confirmed staff, your services maybe terminated by either party with 2 month's notice or 2 months salary in lieu of such notice is required."

My current salary is composed with basic salary and fix car allowance. 


1. Am I considered as confirmed staff or I still serving probation?

2. If I were deemed as under probation, my notice period should be 30 days?

3. If I choose to resign now and giving 24 hours notice, I should compensate company 1 month salary. But the 1 monthy salary is from basic salary only or basic salary + fix car allowance? I am thinking why should I compensate fix car allowance if I were not apply it on my last month since I am giving 24 hours notice. 

Hope to get your professional advice so that I can convery clear message to my company beforehand. Thank you so much! 

KL Siew
Sun, 03 Nov 2013 05:09:13 PM

I think it would be better that you consult the Labour Department and get a official view and convey to your company. To me, you may still be considered as unconfirmed and the indemnity you are going to pay should include the fix car allowance.

Sun, 03 Nov 2013 11:01:56 PM

Thanks for your advice. I agreed your point where I believe I am still considering as unconfirmed staff. In this case my resignation notice should be 1 month for unconfirmed staff. 

Have a good day! 

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