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Resignation while under probation

Tham
Member
Thu, 05 Jan 2017 10:25:13 AM  (Last updated: Mon, 09 Jan 2017 11:42:01 AM)

I have an employee who is resigning while under probation. Her salary is RM4,000. Below are the contract in her appointment letter:

"Probation Period : The probation period is 3 months and may be extended by another 3 months if your job performance were found to be unsatisfactory. During the probation period you will not be entitled to any medical claim, medical leave or paid leave."

My questions:

1) Does the Malaysian employment act requires the employer to pay the pro-rated leave from date joined? Our poilicy is upon confirmation, the annual leave will be calculated from date joined.  

2) She submitted her letter on 30/12/2016 and state that her last day will fall on 30/1/2017 but the actual last day will be on 26/1/2017 as we are observing public holidays from 27~30/1/2017. Must I calculate her salary up to 30/1/2017 or only up to 26/1/2017?

She has threatened to go to labour office if we do not fulfill her request on both issues. 

Thanking you in advance.

KL Siew
Administrator
Thu, 05 Jan 2017 03:55:59 PM

This employee with 4K salary is not covered by the Employment Act. Since you have asked, my comments are:

1. Up to the company to decide.

2. You did not exclude holidays, you only excluded medical claim, sick leave and annual leave. So, I think you should pay up to 29th Jan. (One month notice ends on 29th and not 30th).

Tham
Member
Thu, 05 Jan 2017 07:34:53 PM

She said that she has call up labour office and was to to report if we don't pay her for the pro-rated annual leave. She also insisted that we pay her up to 30/01/2017.

KL Siew
Administrator
Fri, 06 Jan 2017 07:50:57 AM

Very simple, both of you just give a call to the Labour Department, talk to the officer to find out their official advice. She also can talk to the officer together with you.

Tham
Member
Mon, 09 Jan 2017 11:42:01 AM

Thanks so much for your advice, KL Siew.