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Non-Confirmation of Employment

Wed, 25 Jan 2017 01:38:36 PM  (Last updated: Wed, 25 Jan 2017 05:53:53 PM)

Dear Mr KL Siew

A Sales Executive joined on 01.11.2016 undergo 3 months’ probation and it going to due on 01.02.2017. Upon joining she declared herself with the marital status is single but last week we have unofficial conversation via watapps she told me that she is pregnant for 13 weeks.
Before she shared with her news, Management has decided not to confirm her employment due to her tardiness record was bad. During her employment, she took a number of leaves (No Pay Leave & Emergency Leave) and also Sick Leave. Her punctuality was bad, late in and early out as well.

Yesterday I told her that Management not going to confirm her employment status and she was so shocked and replied me that she is going to take action to court on her dismissal case as she is pregnant. I have explained to her case is not dismissal but non-confirmation of employment. It is not fair to the Company as she is not even advised Management officially on her pregnancy and her never update her marital status till to-date.

As a friend, I told her that this job not suitable for her as she shared with me that she has anemia during her pregnant and her job need to stand for long hours at the mall. To her if she is not confirmed she will be jobless and none of the companies will hired a pregnant lady. She wants to enjoy her maternity allowance and secure her job here.

It will be not fair to the Company as we are not victimization her on her pregnancy but on her tardiness record. As an employee, an implied clause that need to be punctual to work and work according to the schedule given. We do not want to create the negative impression to other that we are dismissed her due to her pregnancy yet the actual scenario is due to her tardiness record.

Please advise us rationally on her unpleasant case and the final conclusion Management willing to extend her on monthly basis to monitor her tardiness for improvement. We will monitor her attendance for the next one month if still the same will give her the non-confirmation letter. We do sympathy her and let her celebrate her Chinese New Year happily and allow her emotion to mellow down.  

Thank you in advance and await for your reply.


KL Siew
Wed, 25 Jan 2017 05:53:53 PM

Yes, the company can extend her probation for her to improve. If ever there is any misconduct, it would be better to conduct a domestic inquiry first before deciding what penalty to mete out.

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