Probationary Period

During interview none of the recruiter can assure that the candidate 100% met their requirement and most important things to perform in the job. This is where probation period important for the employer to assess his/her suitability of the job he/she is assigned to do. Qualification and skill alone may not make one a good employee, other factors such as aptitude and attitude towards work and fellow workers must also be tested before he or she can be confirmed to take on the job.

Probation Clause
The probation period is normally spelt out in the contract of service or letter of appointment or may be in the Collective Agreement for unionized staff. Sample probation clause as follows :

You shall undergo a probationary period of six months from the date of commencement of employment. However, the said probationary period may be shortened or extended by a further period of six months at the discretion of the Company, at the end of which, your employment will either be confirmed or terminated. Unless and until you are informed in writing, you shall remain under probation.

If the employee is found to be lacking in a few of the above attributes, it is advisable for the employer in a cordial manner, to guide, provide training, one-to-one discussion with a view to improving him.

At the end of the probation period (3 weeks before confirmation date), HR will normally initiate the confirmation process by sending necessary assessment form/notification to the HOD. Subsequently, the HOD will do the assessment and forward to HR for further action.

Extension of probation

An employer may extend the initial probationary period to a further period of 1-3 months (depend on Company’s policy). The decision to extent or not to extent the probationer must be based on fair labour practice.

Before employer decide to extent the probationary period they must make sure that the you have been warned for any performance that below standard and you have been given reasonable time and opportunity to improve during the period of probation and not after the probationary period ended. The warnings should have been clearly communicated preferably in writing.

The probationer should also been offered correction, guidance,advice and assistance to meet the needs and the expectations of the employer. There should be a comprehensive appraisal on your performance.

In such an event, the employee should be informed, in writing, before the end of the probationary period, that his probationary period is being extended. Good HR practitioner will put in writing the specific areas where improvement is expected.

Termination of probation

The law on probation states that a probationer’s services cannot be terminated before the end of his/her probation period.

Probationer cannot be terminated without just cause. However, the employer could terminate the services of an employee on probation, if the employee does not measure up to the employer’s satisfaction (i.e for poor performance, misconduct, lacks the necessary aptitude or skill required).

But the satisfaction must be reasonable and the employee has to be given opportunity to improve himself and warning must be given if poor performance persists.

Termination under these conditions may be without notice. If an employee on probation has reasons to believe that terminations of his service was mala fide, he may seek reinstatement under Section 20 of the Industrial Relations Act.

Confirmation employment

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. Certain companies has the following clause

“when no confirmation is received after the probationary period, the employee is deemed to be confirmed.”

In this case, clearly stated that in the absence of confirmation letter after probation period, you will be considered as confirmed staff.

Resignation during Probationary Period

An employee may also quit the job if he/she dissatisfies with the job, even without waiting for the end of the probationary period. The notice period is in accordance to contract of employment. The notice period shall be less than normal period for confirmed staff. Sample of termination clause during probationary period as follows :

During the period of your probation, either party may terminate your contract of employment by giving the other, a written notice of not less than one month or by paying an indemnity equivalent to one month’s salary in lieu thereof.

Incoming search terms:

• resignation letter during probation (11)
• sample of non-confirmation letter during probation (5)
• Probationary period under employment act 1955 (5)
• RESIGN DURING PROBATION PERIOD in malaysia (4)
• industrial law malaysia probation period (3)
• probation period employment act 1955 (3)
• malaysian employment act of 1955 probation period (3)
• probation in malaysian law (3)
• sample confirmation letter after probation period (2)
• Malaysia’s Employment Act 1955 probation period resign (2)

Tags: Employment, probation period, probationary period, tempoh percubaan

Category: Career Tips, Employer, Employment Act 1955, Malaysia Labour Law