Resignation
Guest
My friend currently working for a company. Now she wanted to resign. But the boss insist on her giving 2 months notice.
Here is the situation.
"There was 3 months or additional probationary period" Upon confirmation the employee will be notify by written notification. Upon confirmation the employee must give 2 months notice"
However she has been working for over 6 months but never receive any confimation notice, except for a salary increament of RM100. Her boss never give her sign any confirmation notice. Does this mean that she already been confirmed as a permanent employee??
As i Know there was a law statiing that upon satisfactory completion of the probation period, the employee must be informed in writing by the employer stating revised wages and other terms and conditions where applicable.
But her boss never gave her a confirmation notice. Except for the RM100 increament. "So in this situation must her gave a complete 2 months notice to her company"?
Administrator
Can you reproduce the actual clause or clauses pertaining to termination of service and notice period in her appointment letter? There could be something about notice before confirmation and after confirmation. Meanwhile please read up something about "Probation" at http://www.pesaraonline.net/probation.htm
Guest
This is part of written of the contract
Probationary Period
To determine a fair assessment of your performance and suitability of your appointment, you are placed under probation for a period of three (3) months. The probation may at the discretion of the Company be extended for another three (3) months.
Confirmantion Of Employment
On satisfactory completion of your probation, the Company shall inform you by a notice in writing, and thereforth either party may terminate this contract by giving to the other party at least Two (2) months written notice of termination of contract, or in lieu of notice, by payment of a sum equal to Two (2) months' last drawn salary.
The Company, however, reserves the right to terminate your emploment immediately in the event of misconduct, breach of trust or other wrongful act.
In all circumstances, a proper handing over of outstanding work matters, (x company) property and debriefing to the superior must be conducted before departure. Under no circumstance can annual leave be used to offset the notice period except with the express permission of the Company after a proper hand over is completed to the satisfaction of the Company.
This is what is stated in the contract. Through the 9 months of service in the company she did not receive any notice about confirmation of employment. There is only a increament of RM100 of the basic salary.
She is giving 1 and half month notice to her boss, however the boss determine her to give complete 2 months notice before she can leave the company. Effecting from 7/9/09 till 31/10/09 but here boss determine that it must be 7/09/09 until 7/11/09. Any advice on this? thx.
Guest
Another thing is that she has been working for this company since 1/12/08 until now 7/09/09. Everymonth the EPF amount is correct, except for January there is no EPF payment at all as shown in the EPF statement. Why is it so??
Furthermore she found out another weird case from her partime colleague. For example her partime colleague salary is RM1500. and the person was paid in full amount of RM1500. Ok that is correct. But how come in his/her pay slip there is stated that there is a deduction of EPF payment??
Administrator
Since there was no mention of the required notice period for termination of service during probation, the one and half months notice given by your friend appears to be reasonable. Since her employer has not given a confirmation in writing as mentioned in that clasue, your friend should still be under probation.
Now, it is for your friend to get something official. Advise her to bring along the appointment letter and consult the Labour Department or the Industrial Relations Department.
