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Not allowed to resign during probation

Janedohernow
Member
Sat, 24 Nov 2018 06:40:19 PM  (Last updated: Sun, 25 Nov 2018 01:10:54 PM)

Hi there, 

I have just joined a company literally for a few days and I really do not like the working conditions (superior is very foul mouthed and bad tempered). Totally not what I had signed up for during my interview.

When I checked the employment contract I found that it states that no termination is allowed during probation period (3 months) except by mutual consent. Should I tender my resignation, i will have to pay 3 months salary in lieu of notice.

Is this sort of clause legal by Malaysian Employment Act?

Really appreciate your advise as I am extremely frustrated :(

Cheers

SuharinKL
Contributor
Sun, 25 Nov 2018 01:10:54 PM
Originally posted by Janedohernow on Sun, 25 Nov 2018 01:10:54 PM

Hi there, 

I have just joined a company literally for a few days and I really do not like the working conditions (superior is very foul mouthed and bad tempered). Totally not what I had signed up for during my interview.

When I checked the employment contract I found that it states that no termination is allowed during probation period (3 months) except by mutual consent. Should I tender my resignation, i will have to pay 3 months salary in lieu of notice.

Is this sort of clause legal by Malaysian Employment Act?

Really appreciate your advise as I am extremely frustrated :(

Cheers

If your salary is less than RM2k, then the said restriction clause on termination during probationary period is invalid and void. This is because, it against the Employment Act which allows the employees to terminate the contract of employment by giving the required notice or pay in lieu.

Regards,

suharinsulaiman@gmail.com

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