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Terminate under probation

Emily
Member
Tue, 03 Mar 2020 03:06:03 PM  (Last updated: Sun, 08 Mar 2020 06:35:06 PM)

Today I receive a letter from my boss's driver. He is giving authority from my boss to act on behalf of him. 

He told me today is my last day and tomorrow I no need come to work, cause I still under probation. I ask you have to give me a valid reason to terminate. The first reason, I'm not communicate with my boss. All this while, I'm dealing with my manager, everything I aslo report to her. Second reason, I'm not signing the letter that 20% salary deduction start from 1 March. Due to Corona virus and the business is making loss for 2 years, thus boss wants to deduct all the staff salary. 

Can I report to labour law for this case and claim my EIS of loss of employment ?

KL Siew
Administrator
Wed, 04 Mar 2020 03:57:04 PM

You can personally go to the Labour Department(Jabatan Tenaga Kerja) to lodge a complaint about the matter. You must go there personally.

ShzwnyShahdan
Member
Wed, 04 Mar 2020 08:46:37 PM

Hye Emily, 

May i know how long is your probationary period? 

I agree with Mr Siew. If you have been terminated before the expiry of your probationary period, you may go to the IR department to lodge a complaint under Section 20 of the Industrial Relation Act for a claim of unlawful dismissal. This is also based on the fact that there's no reason being given for your termination. 

(nienasya@hotmail.com)

 

Emily
Member
Thu, 05 Mar 2020 04:28:31 PM
Originally posted by ShzwnyShahdan on Wed, 04 Mar 2020 08:46:37 PM

Hye Emily, 

May i know how long is your probationary period? 

I agree with Mr Siew. If you have been terminated before the expiry of your probationary period, you may go to the IR department to lodge a complaint under Section 20 of the Industrial Relation Act for a claim of unlawful dismissal. This is also based on the fact that there's no reason being given for your termination. 

(nienasya@hotmail.com)

 

In the offer letter, they are not mentioning the probation period.

They only mentioned at the Termination of contract. Employment of the staff member may be terminated by either the staff member or the company by giving of one day notice during the probation period. If the staff member is terminated on disciplinary grounds and/or misconduct, the company is entitled to dismiss the employee without notice or payment in lieu of that notice as provided by common law.

Until today, they still don't want to give me termination letter. On that day they terminate me, they only give me the salary adjustment letter. they dedcut 40% of the March salary. 

I still need go to work, cause they are not giving me termination letter. They terminate me not in the proper procedure. Where should I report ? Can I report as constructive dissmissal ? What can I do no ? Kindly advise. 

KL Siew
Administrator
Thu, 05 Mar 2020 05:15:28 PM

I think the better way is for you to personally go to the Industrial Relations Department and discuss the issue with the officer there and see what is best course of action for you to take.

ShzwnyShahdan
Member
Sun, 08 Mar 2020 06:35:06 PM

Hye Emily,
 

Given the fact that you already received a termination letter from your boss ( as mentioned in your earlier post on 3.3.2020), im of the view that it's too late now for you to claim for a constructive dismissal. I do understand your concern about the clarity of your contract of employment. But since you already had been terminated, you may then lodge a complaint at the Industrial Relations Department for their next course of action. 
 

(nienasya@hotmail.com)
 

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