Lawyerment Discussion Forum
The Malaysian Law Discussion Forum for All
Forum Home | Sign In | Sign Up | Search | Help | Lawyerment HomePost a New Message | Reply this Thread | Printer

Home / Malaysia Employment & Labor Law / Employment Law
Termination for Probation Staff
Notice Period?

New MessageTermination for Probation Staff (modified 0 times) shanny
Is a company can terminate a probation staff immediately without notice?
If yes, how is the payment for salary?

Is there any notice period for termination of probation staff?

14 Apr, 2012 18:10:43

New MessageRE:Termination for Probation Staff (modified 0 times) natalie
Profile | Email
Depends on ur letter of offa
There should b Clause for termination, probation/ permanent staff
26 Apr, 2012 08:51:40

New MessageRE:Termination for Probation Staff (modified 0 times) professional
An employer does not have to wait for a probation period to have run its course before effecting the dismissal of a probationary employee. It would therefore, in appropriate cases be permissible to effect the dismissal of a probationary employee during the probation period itself. Ordinarily a probationary employee may be dismissed for incapacity / poor work performance. If that is indeed the case, then no less than one week’s notice of termination has to be given to the employee. If, however, the employee has misconducted him / herself, and is found guilty of serious misconduct, summary termination is permissible. Such dismissal will, however, have nothing to do with the probationary nature of the employment then.

Care should be taken not to be seen to have dismissed a probationary employee too soon. The purpose of probation is to give an employer the opportunity to evaluate the employee’s performance before confirming the appointment. The period allowed for such assessment should therefore be proper and fair in the circumstances.

03 Jul, 2012 15:30:41

New MessageRE:Termination for Probation Staff (modified 0 times) professional
A period of probation for a new employee will provide an organization with the time required to fairly assess the suitability of that person for longer term employment within an organization. However, legal duties do arise at the point of hiring and continue through the probationary period. A properly drafted offer letter or employment contract will clarify both the employer’s and the employee’s responsibilities during the probationary period and will provide legal protection to the organization in the event that the employer determines that the person is not suitable for the organization for the longer term.
12 Jul, 2012 15:18:03

Post a New Message | Reply this Thread | Printer | Forward
All times are MYT

Copyright © 1999-2015 All rights reserved

Privacy Policy | Terms Of Use | Contact | About Us | Advertising Opportunities
Disclaimer - Please Read Carefully

These Bulletin Board pages are intended as a public service primarily to allow non-lawyers and lawyers to share experiences and opinions with other non-lawyers and lawyers. They are NOT intended to be a source of advertising, solicitation, legal advice, self-promotion or disparagement. Lawyerment assumes absolutely no responsibility for postings or their content. Visitors may post questions, comments and replies without prior review by Lawyerment, but we reserve the right to delete any postings (in whole or in part) for any reason at any time.
However, the fact that a posting remains on site NEVER means that it has been approved or endorsed by Lawyerment. By making a posting you are agreeing that the material you post becomes the property of Lawyerment. Lawyerment is a unit of Magnificent Communication. Visitors should exercise great caution when reading this (or any other) Bulletin Board. Be aware that those who post messages may not be who they claim to be. Never to rely on any advice in legal matters except from an attorney you have retained to represent you and your interests. To locate and retain an attorney we suggest you visit our Lawyerment Lawyers' Directory.
Click here to visit for 1000's of answers to legal questions. Please read our Privacy Policy and Disclaimer & Conditions Of Use.
Copyright © 1999-2015 All rights reserved