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resign after probation pperiod

Michelle
Member
Thu, 09 Jan 2020 03:46:26 PM  (Last updated: Fri, 10 Jan 2020 09:46:08 PM)

Hello sir, I would like to seek for your advice on the below matter:-

1. I’ve pass up resignation letter on 7th Jan 2020 after the end of probation  and I was informed that I need to serve 4 months notice instead of 2 months notice. And I have not sign any confirmation. In your expertise opinion, should I serve 4 months notice?

2. If I need to, does the company treating me fairly by setting me serve 4 months notice since I do not hold a high position but just only a teacher?

Below are my Employment letter contract;

Probation & Termination : Your probation period is Six (6) months from your date of
commencement. During the probation period, either you or the Company are required to giving Two
(2) month notice or pay in lieu of notice for contract termination. After the probation period, you
have the right to terminate this employment contract for any reason so long as you provide the
Company with Four (4) months prior written notice of such resignation unless a shorter period is
approved by the Company.
The Company has the right to terminate your employment at any time provided the Company has
provided Four (4) months’ notice or pay-in lieu of notice, and upon your execution of a release in
the form acceptable by the Company.
The Company has the right to terminate your employment immediately to you if:
(a) in our reasonable opinion, you are guilty of serious misconduct or wilful disobedience; or
(b) you are seriously incompetent or inefficient in the performance of your duties;
(c) in our reasonable opinion, you grossly or habitually neglect your duties; or
(d) you are prevented by illness, injury or otherwise from performing your duties for a period of 120
consecutive days in any 12-month period; or
(e) you are guilty of any conduct (including any criminal conviction) which in our reasonable
opinion might tend to injure the reputation or the business of Victoriashire/ Tadika Elit Suria or
(f) you commit a serious or persistent breach or non-observance of this Agreement; or
(g) you willfully give any false or misleading information to us during or in connection with your
employment.

Thank you for your time.

ShzwnyShahdan
Member
Fri, 10 Jan 2020 09:46:08 PM
Originally posted by Michelle on Fri, 10 Jan 2020 09:46:08 PM

Hello sir, I would like to seek for your advice on the below matter:-

1. I’ve pass up resignation letter on 7th Jan 2020 after the end of probation  and I was informed that I need to serve 4 months notice instead of 2 months notice. And I have not sign any confirmation. In your expertise opinion, should I serve 4 months notice?

2. If I need to, does the company treating me fairly by setting me serve 4 months notice since I do not hold a high position but just only a teacher?

Below are my Employment letter contract;

Probation & Termination : Your probation period is Six (6) months from your date of
commencement. During the probation period, either you or the Company are required to giving Two
(2) month notice or pay in lieu of notice for contract termination. After the probation period, you
have the right to terminate this employment contract for any reason so long as you provide the
Company with Four (4) months prior written notice of such resignation unless a shorter period is
approved by the Company.
The Company has the right to terminate your employment at any time provided the Company has
provided Four (4) months’ notice or pay-in lieu of notice, and upon your execution of a release in
the form acceptable by the Company.
The Company has the right to terminate your employment immediately to you if:
(a) in our reasonable opinion, you are guilty of serious misconduct or wilful disobedience; or
(b) you are seriously incompetent or inefficient in the performance of your duties;
(c) in our reasonable opinion, you grossly or habitually neglect your duties; or
(d) you are prevented by illness, injury or otherwise from performing your duties for a period of 120
consecutive days in any 12-month period; or
(e) you are guilty of any conduct (including any criminal conviction) which in our reasonable
opinion might tend to injure the reputation or the business of Victoriashire/ Tadika Elit Suria or
(f) you commit a serious or persistent breach or non-observance of this Agreement; or
(g) you willfully give any false or misleading information to us during or in connection with your
employment.

Thank you for your time.

Hye Michelle,

Based from the abovementioned facts, i provide my views as follows:-

1) As per the terms and conditions of your contract of employment, it has been clearly stated that you are required to serve 4 months notice before you may terminate your contract once you have been confirmed in your employment. 

2) In this context, you have to comply with the aforesaid terms as you are now a confirmed employee (based from the facts that you have completed the probationary period). This can be seen when your employer now requesting you to serve 4 months notice instead of 2 months.

3) However, you may have to check whether your employer has issued any letter of confirmation to you. This is because, in the context of the Industrial Relation's law, a probationer will remain as a probationer until and unless he received a confirmation in writing by his employer.

4) Should you have not received any confirmation in writing, you may then raise your concern to your employer that you are still a probationer and that by serving 2 months notice, it should be in line with your contract of employment. 

 3) To clarify your concern, the Company has not gone beyond the contract and/or had acted unfairly to ask you to serve 4 months notice (should you have been confirmed in your employment) as it has been stipulated as one of the terms/conditions.

Please feel free to contact me for any further inquiries. (nienasya@hotmail.com/0192620359)

Thank you.