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Damien Siew
Administrator
Sun, 11 Mar 2012 09:56:50 PM  (Last updated: Thu, 15 Mar 2012 02:03:51 PM)

Dear users,

The access control for the labour law forum has now been set to allow you to post your own topics. 

Boey
Member
Wed, 14 Mar 2012 09:39:18 AM

Dear Damien

 

Just seek your advise,I am currently working with 6 months probation and resign 1 month notice follow my appointment stated .If during my probation cannot perform my work by employer, they are right to terminate? Any compensation by employer? My salary above RM 2.5 k. How about if i confirm after probation, employer terminate me?

 

Regards

Boey

Damien Siew
Administrator
Wed, 14 Mar 2012 10:55:47 PM

Hi Boey,

During probation, your employer may choose to not confirm you, or may extend your probationary period. They may terminate your employment if they see you unfit for the job. No compensation will be required of the employer.

After confirmation, termination will not be so easy as they will need proof of consistent under-performance even after training and job familiarization.

 

Boey
Member
Thu, 15 Mar 2012 10:45:37 AM

Hi Damien thanks your advise :) i have another matter from your opinion. My friend is manager post and he working almost 1 year with his employer since 2011 until now. His appoinment letter stated is 3 month probation and confirm must 2 months notice to this company for resiging. My friend get mc 3 days after missing in action. When his colleague calling him, his said he heavy sick and cannot get mc from doctor. He rest at home and take 1 1/2 months.

After recovery his healthy,he receive the letter termination from HR department that he no need to come back work and company agree pay back compensation 1 1/2 months.Should his receive 2 months or 3 months compensation according the appoinment letter or management decided?

I have ask him go Industrial department to clarrified this matter. His salary above RM 5 K. But he refused don't want go. How to settle this matter?

 

Need your advise.

Boey

Damien Siew
Administrator
Thu, 15 Mar 2012 10:56:21 AM

It depends how many days MC he's entitled. He could have exceeded the allowed number of sick days, hence the half month difference. Otherwise he should get 2 months. 

Boey
Member
Thu, 15 Mar 2012 11:18:07 AM

In last year he just take about less 14 days MC. The rest is non paid leave during his absence.If get 2 months should he refer to Industrial Department?

 

Regards

Boey

Damien Siew
Administrator
Thu, 15 Mar 2012 01:30:41 PM

You can ask him to refer to Industrial Relations department.

Boey
Member
Thu, 15 Mar 2012 02:03:51 PM

Thanks your advise

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