RegisterLog In

Probation period ended (6months) yet not confirm. CAN I TERMINATE WITH 24HOURS NOTICE?

Kezl
Member
Wed, 30 Mar 2016 01:57:20 AM  (Last updated: Wed, 30 Mar 2016 03:30:47 PM)

Probation was 3 months and extended to 6 months. I am now in my 7th months and yet there is no confirmation. My question is this. Can I terminate the contract and leave by merely giving 24 hours notice? 

In my Appointment letter, it stated 1 month notice under probation and 2 months notice if confirm. But the thing is, by not confirming me, can I safely argue the fact that it has passed the probation period and thus, if no confirmation is reached yet at this point, the Appointment letter is deemed terminated. The Employer would need to re-appoint me if they wished to hire me.

There is no case laws on the side of the Employee and I find that is unfair. To feel insecure as the Employer could just terminate you on certain grounds while not confirming you after end of probation period. Kindly advice.

Thank you.

Kezl

KL Siew
Administrator
Wed, 30 Mar 2016 01:38:32 PM

No, you still have to give one month notice.

Kezl
Member
Wed, 30 Mar 2016 02:20:31 PM
Originally posted by KL Siew on Wed, 30 Mar 2016 01:38:32 PM

No, you still have to give one month notice.

Dear KL Siew,

Q1: Do you mean to say the Employer would be able to withhold your status of employment even after probation period and yet not confirm you yet if an employee leaves, he/she has to still satisfy the 1month notice period? 

Q2: What would be the scenario like if an Employee were to give a 24hours notice. Because I strongly believe for the part of an Employee who has passed his/her probation period of 6 months and yet not confirmed has automatically terminate the Appointment letter as the terms had been breached by the Employer.

Kindly advice KL Siew and everyone. I am sure many of us may be in such situation.

Thank you in advance. 

KL Siew
Administrator
Wed, 30 Mar 2016 03:30:47 PM

1. Yes, that's correct, still have to give one month notice. The employer has the right to confirm or not to confirm depending on how he evaluates the performance of the employee. 

2. It is not advisable to give 24 hours. That may result in the employer make a claim for one month salary from you as indemnity. Go and get a second opinion by giving a call to the Labour Department for official advice.

  This topic is closed