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Resigning during Probation

Fri, 23 Apr 2010 04:37:46 PM  (Last updated: Fri, 23 Apr 2010 10:18:38 PM)

My friend signed a letter of appointment dated on 23rd March 2010 while effective date stated on 12th April 2010. She also signed a contract of employment stating the agreement was made on 12th April 2010. According the contract, it stated that the probation period would be for 90 working days.

She informed the company she could only join on 19th April and they agreed. She was offered a new offer letter 4 days later but only with the first cover of  the Contract of Employment stating  the agreement made on 19th April 2010 and letter of appointment with the effective date changed to 19th April 2010 but date of the letter remained 23rd March 2010.

1.  I believe every time a new offer letter or agreement is issued with any changes then it should come along with the whole set of it requesting the employee to resign right and not only the first cover?

 My friend has found out from her other colleagues that the company does not confirm many of the staffs even after a year of service and other problems. She had decided to quit when the new offer letter was issued to her.

So she called "A" company to request for her termination within the week she joined of the application and offer letter, but "A" company stated that she have to pay 2month salary as penalty.

The offer letter has stated that resignation during a year is prohibited as stated in Clause 6, regardless of the status of her employment. According the clause, if the staff resign less in a year then she needs to compensate the company’s 2month salary.

2. Based on my understanding, during probation period, employee can resign within 24hours or anytime within the probation period by or without giving notice. Is that rite?

Pls advice. Thanks


KL Siew
Fri, 23 Apr 2010 10:18:38 PM

It is not true that an employee can resign with 24 hours notice during the probationary period unless it is clearly stated as such. It looks like your friend may to compensate the company two months salary as indemnity  in lieu of notice. Consult the Labour Department  to make sure.

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