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Probation & Compulsory Service

Fri, 04 May 2018 12:16:09 PM  (Last updated: Fri, 04 May 2018 03:59:37 PM)

Hi all,

Employee offer letter stated

1. Probation period for 6 months

2. Compulsory service 18 months; in event of employee resign - liable to pay 6 months salary within 30 days of termination notice

3. notice; 2 months

4. salary; RM 6,600 

Question; is it allowable/normal for employee to be liable of 6 months salary?  there's a big amount to pay approx RM40k just in case the employee found out if employer or working conditions not as expected prior resigning.

Fri, 04 May 2018 03:59:37 PM

Hi Idzshah,

Is this for foreign worker? As it is quite contradict between clause.

1) It has probation period but at the same time has compulsory service. For me, what ever happen, the employer need to hired this guy at least 18 months regardless the outcome of the probation.

2) What is the purpose for clause No.3 if you resign in 2 months notice but still liable to pay 6 months in lieu.

3) Normally the compensation are in lieu of resignation notice. Therefore, if the notice need at least 2 months, then affected parties are entitled for 2 months compensation.

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