I have a few questions about employment.

First, is it a must for companies to issue you a letter or to inform you with substantial proof (email, etc.) that you have become a confirmed employee in order to be officiated as such?

If yes and if the company fails to produce that said letter, am I allowed to terminate my term of employment earlier than the notice period as per signed in the agreement? The agreement states that the confirmed employee has to serve a 3-month period after the request of termination is given.

Thanks in advanced.

This post has been edited by Kevmeister: May 9 2013, 06:44 PM

I am not sure whether after being confirmed , we are getting any letter but I would assume there should be a black and white letter saying you are confirmed for any legitimate company.d

For myself, it is stated black and white that , after being confirmed , its one month notice for both parties . Before being confirmed , one week notice for both parties . Its explicitly stated in the offer letter . How about yours?

Thanks for the reply.

No mention of notice period before confirmation but I do however have not received any black and white on being a confirmed staff whatsoever, despite having passed the probationary period of 3 months.

This post has been edited by Kevmeister: May 9 2013, 07:43 PM

Go and talk to your Manager.Then go to the HR Manager and ask.

Usually if the probation period is 3 months in the last month I will go and ask my Manager if I'm confirmed.

If HR doesn't give you a letter by or before the dateline, you are free to leave.

Let's say your dateline is today 10/5/2013 and you have not received a letter of confirmation.

It's your right to ask your manager and the hr manager if you are confirmed or not.

Don't be scared to ask.It's your right to ask and to know.

I really hate HR and a Manager that can't decide if they want to confirm a person nearing the end of
the probation period.

If the period is 3 months, after 2 months you should already make up your mind if you
want to confirm an employee and shouldn't wait for the last minute.

Again, it's your right to ask.

from pesaraonline

A probationer who receives no confirmation after the end of the probationary period, is he or she considered confirmed or not confirmed?

In 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. In this case an Indian Supreme Court case was cited and in that case, it was held "There can .... no doubt about the position in law that an employee appointed on probation for six months continues as a probationer even after the period of six months if at the end of the period his services had neither been terminated nor confirmed."

However, if an probationer who receives no confirmation after the probationary period but is given a salary increment, he or she definitely has a strong case that the employer is satisfied with his or her performance.

Again, the position will be different if there is a clause in the contract of service stating that when no confirmation is received after the probationary period, the employee is deemed to be confirmed.

It's been quite some time since my probationary period has ended (about 3 months or more) and no confirmation letter nor notification was given and I've recently (last month) handed in my resignation request letter and I was 'forced' to serve my 3-month's period. But, I'll take your advice and confront them on this issue.


As the highlighted, it was (and is) not deemed in the clause.

Its probably not the most helpful to say this now but we should make all efforts to clarify our employment status with our employer. Especially in cases like yours where you intended to leave "soon" and maybe you should have done that before probation ended.

3 months notice is very long esp if you're a junior staff or not in a key role. Also since you just joined not long i dont see why they want to hold on to you for another 3, unless this role is very hard to fill.

Yup, they're having a hard time finding my replacement but I would like to leave as soon as possible as I'm getting offers to fill immediately, this has been my only barrier from moving on.

i got my confirmation quite late but there is a black and white paper.

but in your case,hmm....its still better to ask for hr or ur direct higher ups.

sometime, it's a cue your employer hinting to you, they don't like to confirm you.

No worries,you are STILL a probationer.

¬Not deemed confirmed unless there is an express act confirming the employee by means of letter,email and etc.,and you acknowledged that.
¬You still have not receive benefits that only a permanent employee is entitled to,e.g. increment,benefits.

Point taken.

I'll definitely raise this issue when I speak to my boss today.

but what if...confirmation letter is sitting in the HR office and already signed by company director but i refused to accept the confirmation letter. Due to personal reasons i asked for probation to be extended, and the management agreed to this...though they were like

can they play dirty later and say that i am already confirmed should i want to leave soon?

This post has been edited by bonkers28: May 10 2013, 01:57 PM

Okay, I've resolved this issue after speaking to my boss.

He did acknowledge me as a confirmed staff but without proper black and white, I was able to refute my claim of not being officially acknowledged as a confirmed staff. Also, he already got the hint that I did not want to stay and allowed me to go.

Let's just hope my Creative Director can also be on that same page (my CD is my direct superior).


p.s. Thank you all with the helpful suggestions

This post has been edited by Kevmeister: May 11 2013, 03:18 PM