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> Unconfirmed, but Not Terminated?, What does Labour Law say about it?

kilmasis
post Jan 3 2011, 09:53 AM


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Hi all

I'm hired under a Charity Organisation, and I started on the 22nd of April 2010.

After 6 months of probation, my probationary period was extended to 22nd December.

It's now the 3rd of January 2011, and I have yet to receive a B&W on confirmation or termination.

My aunt says that it's not easy to NOT confirm an employee, and that according to labour law after the probationary period has expired, if I am still hired under the company and no B&W is given, it means I'm automatically confirmed as a permanent staff.

I've attempted to google Malaysian Labour Law, but I can barely find any useful info, much less the law itself. I found a site that says "only if it's stated in the official letter", but it doesn't quote the labour law exactly, so I'm looking for a more substantiated response. I'm quite anxious to know if I'm here, there, or caught in Inception's "Limbo" because it'll affect the decision I'm making on whether to leave the organisation or not.

Thanks in advance ><

Edit: Problem solved. My CoS states I'll remain a probationer until a letter is given. Having said that though, what DOES the labour law state about unconfirmed staff?

This post has been edited by kilmasis: Jan 3 2011, 10:37 AM
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kelvin_tan
post Jan 3 2011, 09:58 AM


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@kilmasis
by default an employee is considered a permanent staff if he / she completed probationary period for 6 months regardless of whether he / she received a confirmation letter.

However for your case since your probation got extended, it may be a different issue.
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anep
post Jan 3 2011, 09:58 AM


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mayb they extend ur probation?
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kelvin_tan
post Jan 3 2011, 10:16 AM


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In the first place, once a company threatens to extend your probation, why are you not looking for a new job already? You will always be "second class" within the company.

If you gave it your all to the company (assuming you did. If you were lazy, etc then you deserve it) and the company doesnt appreciate it, leave. find better opportunities elsewhere.
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Joey Christensen
post Jan 3 2011, 10:21 AM


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There's a similar case which can be associated with yours: Consolidated Plantation Berhad vs All Malayan Estates Staff Union, the Federal Court held that if an employee continues employment after probationary period, he is still an probationer.

However, the game play will be different if there is a clause in the Contract of Service (CoS) stating that when no confirmation is received after the probationary period, the employee is deemed to be confirmed.

Regards, Joey

This post has been edited by Joey Christensen: Jan 3 2011, 10:23 AM
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kilmasis
post Jan 3 2011, 10:25 AM


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it wasn't the company that doesn't appreciate it. It's my manager who's inexperienced but acts like she knows everything (while doing nothing).

I stayed on because the Vice Exec Chairman 'borrowed' me from my manager for some time. Now that the VEChair is leaving, I'm left with either to tender resignation asap, or wait for the new CEO to come in and hopefully sledgehammer some sense into my manager (that would be the only reason why I'm staying). Even my other colleague under her who's much older and came in later than I did admits that she's not fot to be in her position.

I like the company and the work i'm doing. I like the kids we're caring for, and I like the fact that I'm working to make things better for them. The VEChair has had absolutely no issues with me, nor do any of the other staff. Only the prissy manager and her 'dumb blonde' attitude does.

Edit Ninja-ed: @Joey, that's the one I saw. Which is why I'm confused as to what the Malaysian Labour Law actually states.

This post has been edited by kilmasis: Jan 3 2011, 10:29 AM
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71ers
post Jan 3 2011, 10:26 AM


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Is there a reason stated by them for not confirming you ?
In my company, there is a checklist on confirming a staff ... if any one item of the checklist falls below expectation, we can't confirm the staff.
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Joey Christensen
post Jan 3 2011, 10:29 AM


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QUOTE(kilmasis @ Jan 3 2011, 10:25 AM)
it wasn't the company that doesn't appreciate it.  It's my manager who's inexperienced but acts like she knows everything (while doing nothing).

I stayed on because the Vice Exec Chairman 'borrowed' me from my manager for some time.  Now that the VEChair is leaving, I'm left with either to tender resignation asap, or wait for the new CEO to come in and hopefully sledgehammer some sense into my manager (that would be the only reason why I'm staying).

I like the company and the work i'm doing.  I like the kids we're caring for, and I like the fact that I'm working to make things better for them.  The VEChair has had absolutely no issues with me, nor do any of the other staff.  Only the prissy manager and her 'dumb blonde' attitude does.
As much story telling there is to be told...Is there any clause(s) on probationary or any sort of probationary related clause(s) stipulated in your CoS?

Regards, Joey
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kilmasis
post Jan 3 2011, 10:36 AM


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QUOTE(Joey Christensen @ Jan 3 2011, 10:29 AM)
As much story telling there is to be told...Is there any clause(s) on probationary or any sort of probationary related clause(s) stipulated in your CoS?

Regards, Joey
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Hmm I believe you may have guided me to the answer.

"3.1.3 - You will remain a probationer until a written letter of confirmation has been issued by the comapny to you."

Guess I skip-read that part of the cos. Error in due dilligence on my part. Thanks Joey.



Having said that though, what DOES the labour law state about it?
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Joey Christensen
post Jan 3 2011, 10:48 AM


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QUOTE(kilmasis @ Jan 3 2011, 10:36 AM)
Hmm I believe you may have guided me to the answer.

"3.1.3 - You will remain a probationer until a written letter of confirmation has been issued by the company to you."

Guess I skip-read that part of the cos.  Error in due dilligence on my part.  Thanks Joey.
Having said that though, what DOES the labour law state about it?
Case study shown earlier is out of the window. Here's comes the O-U-C-H moment and the "...Clause 3.1.3" is written in a crystal manner and until a written letter of confirmation has been issued by the company to you, you'll remained as a probationer.

Regards, Joey

p.s: You don't have press your luck on Labout Law as the court ruling has been held and cross reference on different but related cases has been studied upon, and the killer...the clause is there already.

This post has been edited by Joey Christensen: Jan 3 2011, 11:07 AM
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kilmasis
post Jan 3 2011, 10:57 AM


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got it. Thanks for the guidance joey.

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