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Related Topics

• Firing
• Sexual Harassment
• Disputes
• Pensions
• Workmen's Compensation
• Employees Provident Fund (EPF)
• Social Security Organization (SOCSO)
• Occupational Safety & Health Act (OSHA)

WHAT IS PROBATION ?

Probation is a period during which the employer monitors the employee's performance also known as a working test period.

The probation period is normally spelt out in the contract of service or letter of appointment.

If an employer deems it necessary, probationary period can be extended.

During the probation period, an employer has the right to terminate the service for poor performance, misconduct, lacks the necessary aptitude or skill required in the position or under other similar conditions. Termination under these conditions may be without notice.

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.

WHEN SHOULD WAGES BE PAID TO EMPLOYEES ?

Wages less any lawful deductions are payable not later than the 7th day after the end of wage period.

Where a wage period is not specified in the contract of service, the wage period shall deemed to be 1 month. A wage period shall not exceed 1 month.

Where an employer wishes to extent the payment of wages time, permit must be obtained from Director General of Department of Labour.

Where an employee terminates the contract of service under normal termination, wages to such employee shall be paid not later than the day when the contract of service is terminated.

An employer has the right to deduct the following items from an employee's wages without the employee's permission :

• Overpayments made by mistake during the immediate preceding three months from the month in which deductions are to be made
• Indemnity due to the employer under Section 13(1) Recovery of advances of wages provided not interest is charged on the advances
• EPF, SOCSO contributions, income tax and other items as authorized by law.

An employee has the right to be given by an employer, at or before the time at which any payment of wages is made to him, a written itemized pay statement. The statement shall contain particulars of the gross amount of wages, the amounts of any variable any fixed deductions from the gross amount and the purposes for which they are made such as EPF, SOCSO contribution and income tax, and the net amount of wages payable.

WHAT IS AN EMPLOYEE'S LEAVE ENTITLEMENT ?

An employee shall be permitted to annual leave leave of not less than the following :

• 2 years service - 8 days for each year of service
• more than 2 years but less than 5 years service - 12 days for each year of service
• 5 years or more service - 16 days for each year of service

Where an employee has not completed 12 months of continuous service with the same employer, such employee's entitlement to paid annual leave shall be proportioned to the number of completed months of service.

An employee is not permitted to annual leave due to the following :

• if absent from work without the permission of the employer and without reasonable excuse for more than 10 per centum of the working days during the 12 months of continuous service in respect of which such employee entitlement to such leave accrues.
• if dismissed after due inquiry

An employee shall be permitted to paid sick leave of not less than the following :

• less than 2 years service - 14 days in each calendar year
• more than 2 years but less than 5 years service - 18 days in each calendar year
• 5 years or more service - 22 days in each calendar year
• hospitalization is necessary as certified by a registered medical practitioner - 60 days in each calendar year

An employee is not permitted to paid sick leave for any period during which the employee is receiving periodical payments under Workmen's Compensation or SOCSO.