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Termination Notice for Probation

Belinda
Member
Fri, 26 Aug 2016 09:50:33 AM

Dear Mr. Siew,

Can you advise on the following:

Q1. What is the meaning :
Provided that this section shall not be taken to prevent either party from waiving his right to a notice under this subsection.

~Notice of termination of contract
12. (1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.
(2) The length of such notice shall be the same for both employer and employee and shall be determined by a provision made in writing for such notice in the terms of the contract of service, or, in the absence of such provision in writing, shall not be less than—
(a) four weeks’ notice if the employee has been so employed for less than two years on the date on which the notice is given;
(b) six weeks’ notice if he has been so employed for two years or more but less than five years on such date;
(c) eight weeks’ notice if he has been so employed for five years or more on such date:
Provided that this section shall not be taken to prevent either party from waiving his right to a notice under this subsection.

Q2. If a probationary resigned request to discharge immediately, since the employee is still under training there is no point of paying another 2 weeks notice period salary can we agree to waive the notice period?

Q3. If this happened to confirmed employee, can we waive the notice period also?

Thank you.

Regards,

Belinda

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