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 Probation and notice period, payment in lieu of notice problem

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TSJaRizite P
post Jan 13 2021, 02:53 PM, updated 5y ago

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Probation
5 posts

Joined: Jan 2021
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.
TSJaRizite P
post Jan 13 2021, 02:57 PM

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Probation
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Joined: Jan 2021
september of 2020, 6 months probation
TSJaRizite P
post Jan 13 2021, 03:04 PM

New Member
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Probation
5 posts

Joined: Jan 2021
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
TSJaRizite P
post Jan 15 2021, 09:46 AM

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Probation
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Joined: Jan 2021
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.

 

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