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Terms of Termination during probation period

dydy
Member
Sat, 14 May 2016 06:00:18 PM  (Last updated: Tue, 17 May 2016 09:50:57 PM)

Hi sir/mdm,

I have work with this co for about 2 weeks, and in my offer letter it goes like this in section " You shall serve a probation of 3 months during which your performance will be reviewed. 

At the Notice of termination:

During the 3 months probation period, the company may terminate your employment by giving you 24hour notice if there is an act of misconduct. In any case during your probationary period, the management reserves the right to terminate your employment without having to give you any reason whatsoever. Within the first week of employment, you are not entitled to any claims in any kinds in leiu of loss of management time. Upon confirmation, the management may terminate your employment by giving 1 month's notice subject always to any acts of misconducts whereupon the management reserves its right to terminate your employment within 24hours. 

During your employment, the employee can terminate this agreement by compensating 2 months of the basic salary or giving 2 months written notice. (The management reserves the right to release the staff earlier subject to negotiation). 

And now due to some misunderstanding and misperception, the company has suspended my work and no need to report to work until further notice where they need to discuss my role. 

In this case, can i just tender my resignation with 24hrs release or shall I give in 2 months notice as am still under probationary period. 

I have checked with a few HR friends, they said the offer letter is kind of tricky. 

I need some advice please. Thank your much. 

KL Siew
Administrator
Mon, 16 May 2016 08:00:21 AM

It looks like you can give 24 hours notice and go. If you want to do that, better do that after getting your pay first.

dydy
Member
Mon, 16 May 2016 02:49:38 PM

Thank you KL Siew for your advise. 

So during this suspension of work period, it is advisable for me just to drop by to resign immediately or just wait for their outcome? There are times i just want to get it over and move on, but sometimes i would feels that it is not right to be terminated or being suspense without official notice which i have done nothing harmful to the company at all, just that my boss have some misunderstanding and he is those that do not accept what others said. 

I am fine even if they dun intend to pay, i would just take it as a charity work.... only 2 weeks... i still can afford not to ask for any compensation .... 

Thank you

KL Siew
Administrator
Mon, 16 May 2016 04:49:22 PM

What do you mean by suspension without notice? How long is the period of suspension supposed to be and who gave the suspension and was there any domestic inquiry carried out? Anyway, don't just go there and hand in your resignation, find out more that suspension first.

dydy
Member
Mon, 16 May 2016 05:23:23 PM

Hi KL Siew,
That is the thing, they dun have HR department and seems like only the director that can answer me all this.... one director is in Penang (boss), another madam is in hospital still... i feels so lost this round as I can't just head in the office n drop the letter ... I wish I have never start anything with this co. 
The message simply goes "Hi Candy, Mr Hilary said that you do not need to report to work until further notice and will discuss about your role with Madam Chong" via whatsapp. And have checked with other colleague that they do know that I am not being absent, just that they don't need to know anything... that's it. 
I wanted to call the boss but he got a really horrible temper, have seen him scold ppl and even customers... that puts me on hold until they come back to me, I have also email the other director this morning hoping to get some clarification with them... 
Haiz... can't i just quit like this as am no longer having any more motivation with this type of company where it is entirely one man business. 
 

KL Siew
Administrator
Mon, 16 May 2016 07:07:02 PM

OK, "....no need to come to work until further notice...", what about salary? Will you continue to get your salary during the period until further notice? Although I don't know what have been really going between both you and the company, in my opinion, just don't quit for the time being until situation got clearer. If you do, you may lose your right to fight a case with the company.

dydy
Member
Tue, 17 May 2016 08:46:38 AM

Hi Kl Siew

Have a good morning to you first, thank you for taking the time to reply me, after all, am no longer concern if this co is going to pay me or not as they have done so with previous staff before, and all i wanted to do is to resign from them on 24hr basis, as I really finds it very disturbing when the boss started to shouts, raise his voice, threatened and worst is belittle the staff and even customers. And he still can claimed all he wanted is a conducive working environment for all.... 

I just wish to move on and this time round looking forward to job nearby home. So as what you have read thru the clause of offer letter on "termination" part, I supposed that I can submit letter on 24hrs basis. 

Will do that by today. 

Sincerely Appreciative.

Dydy

KL Siew
Administrator
Tue, 17 May 2016 12:12:06 PM

In that case, since you are under suspension and no longer reporting for work, why not just move on from there instead of putting in resignation? Since the ball is still in their court, this may give you some room to fight if necessary. 

dydy
Member
Tue, 17 May 2016 09:50:56 PM

Hi KL Siew, thanks again for your prompt reply, i sent them an email notification to resign, but there's no news from them at all... 

Just my bad luck with such co. I do not want to go further to fight anything, am not prepare to do it mentally and its going to be pretty time consuming, so hopefully this is the end unless they come back to haunt me like asking for compensation or whatsoever then I have no choice but to go to labour law dep to fight over my rights. 

Warmest Regards

DYDY

dydy
Member
Tue, 17 May 2016 09:50:57 PM

Hi KL Siew, thanks again for your prompt reply, i sent them an email notification to resign, but there's no news from them at all... 

Just my bad luck with such co. I do not want to go further to fight anything, am not prepare to do it mentally and its going to be pretty time consuming, so hopefully this is the end unless they come back to haunt me like asking for compensation or whatsoever then I have no choice but to go to labour law dep to fight over my rights. 

Warmest Regards

DYDY

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