HI

I am a fresh graduate under probation in a small firm.

I was offered a new job and had to leave my probation job

in my contract :
- no epf, socso, annual leave, medical leave during probation (basically just work and get money only).
- probation has to give 1 month notice from employer (i assume only if they fire me)
- no written agreement for payment in lieu of notice.

i understand payment in lieu of notice is in the law but in my case, there is no notice period for probation from employee side, am i subject to payment in lieu of notice?

My employer found out about the 1 month notice from employer and and said it was a mistake and changed the contract from employer to employee.

i was told by employer that i need to make payment in lieu of notice for 1 month. my resignation date is 22nd of the month (means i need to pay for the 9 more days right?)

i need clarification as i dont want to be scammed or taken advantage.

when u joined? 1 month notice is calculate from the date of your notice, not calendar month

september of 2020, 6 months probation

the 1 month notice is calculated on the day when you tender the resignation letter.

alternatively, you can talk to the HR/boss directly to wave off the payment in lieu with a mutual agreement, make sure both parties sign off, leaving in good faith is a standard practice if the company and people are good.

i gave him a 2 week resignation as my friend in HR said it's not required for me to give a 1 month notice period according to my contract

I can say there was a dispute with them (my boss) not noticing the contract saying it's from the employer side so now the admin(guy incharge of internal stuff) said that i might have to pay 1 month of salary for short notice

My boss has ignored the fact and just wanted me to finish off the 2 weeks in finishing the job

If your employment letter says 1mth notice, then you should serve 1mth notice. Don't care what the boss or whoever admin, manager, etc, say in your company. You know the reason why they ask you to give resignation letter for 2 weeks notice is that they will spin around and ask you to pay 1mth in lieu of for notice. My boss also has the tendency to do things like that also. But always, ALWAYS follow what your offer letter say, as that's already black and white.

follow what your offer letter say...

how about the HR allowed for early release in the form of letter/email notice?

early release is the prerogative of the employer. that is if u have a good boss or u performed bad enough for them to kick u out earlier

Follow ur offer letter. But if early release, then this is up to ur supervisor ady.

If you don't agree to it, they can't make you do anything. It goes both ways.

at least still can demand or request even though stated in black and white in employment letter.

another scenario, is it companies allowed to buyout notice period but no stated in employment letter?
Or up to employer to offer any acceptable amounts for their compensation? if early released no allowed and demand to buyout.

My current company has no buyout period (or similar clause). I mean sure my HR did talk to me if I wish to shorten my resignation period, I can. The issue is not the HR.. My company is more of a boss's problem. He can ask HR to tell the employee like this regarding the resignation period. But when the employee agreed to it, the boss will flip 180deg and say "I never said that". There aren't even an agreement in the first place lol..

That's why I strongly believe that no matter how much you don't like your company, the rules are rules. You break it, your boss can turn into a psychopath and start doing a lot of things to hantam you lol.

Same case here. No written clause on payment in lieu notice in my contract.

My friend studied HR has confirmed that if they would to force me to pay or hold my salary. It would be against any written documents and i could send a report to HRDF.

However my second friend also went through the same thing and his company said payment in lieu is something in the law so even not in contract, you still need to pay

Company run by single owner is sometimes happens like this. They take advantage and use methods to make them more profitable.

I just hope i don't have to make payment in lieu because i really followed my contract word by word.