Recently my friend started a job in a MNC company.

This week is his 4th week, and he was terminated on this Monday morning, without performance review/appraisal.

The reason being terminated is due to "can't meet company expectation".

He is begging the GM to give chance, but the GM said he can't do anything. Everything is set by management at overseas HQ.

What can my friend do?
Pls advise.

Does he feel he has grounds to sue for unfair dismissal? What does his contract say?

It called probation for a reason

Yes, he feel this is unfair dismissal.

Shouldn't the GM to provide at least once counselling/performance review/appraisal before sudden termination?

What’s important to understand here is that a probationer enjoys the same rights as a confirmed employee. This basically means that employers cannot terminate a probationer’s service without just cause or excuse; affected employees on probation can make a claim to the Director-General for Industrial Relations for unfair dismissal if they feel that this right has been infringed upon.

Can they terminate you during probation? Yes. It's in the agreement.

If the GM says he didn't deliver up to expectation, then ask GM to show evidence of so. MNC should do this professionally.

Also, personal advice in life. NEVER BEG In life. Always guard your integrity and if anything, just discuss professionally.

Can
Probation worker can be terminated without advance notice

The GM already said wasn’t up to expectation and it was set by oversea so no mattter what u ask for actual reason u won’t get it

Just move on

But if your friend just started work, wouldn’t he be signed on at least a month long probation basis?

Not really. A standard clause included usually allows either parties to end the contract without any reason without any notice period during probation. When it is served, you don't have to come the very next day.

He is lucky to get terminated less than a month, rather than 3 or 6 months down the road into probation period.

Begging during probation signifies the person does not fit for that role.

The layoff exercises are quite rampant past few months. The first one to go, are the ones that joined quite recently.

Pity.

Not even a month must be a really terrible worker.

No kindly proceed to lodge complaint to labour department

Poor performance is not a reason to sack a probationer. The company should gv opportunity for him to improve. Your friend shall proceed to report to JTK within 60 days from the date of termination. He has 99% of success in getting reinstatement but most of the time the industrial court will award compensation >12 months or <36 months remuneration in lieu of reinstatement

No you cannot terminate the person even if the contract allows. The court will only concern principle of equity in deciding the unfair dismissal by the employer

cannot, cannot, cannot simply terminate employees without any reason include probationers

(probably one misconception spreading around Malaysians that employers can simply terminate probationers on the spot and without any reason).

probationers have the same right as any regular employees

still need to dish out proper warning (preferably written warning letter).

another misconception among Malaysians that must have 3 warning letters before termination (no such law as this but just a common practice among companies). One warning letter is enough (before termination) and allow a specified timeframe for the said employee to improve.

probational

He still not yet official worker as he still consider as part timer as he doesn't fulfil he doesn't fulfil 8hrs a day 40hrs a week for 4 weeks right?

I might be wrong.

for further info

https://althr.my/resources/probation-malays...nfirm-automatic

What’s important to understand here is that a probationer enjoys the same rights as a confirmed employee. This basically means that employers cannot terminate a probationer’s service without just cause or excuse; affected employees on probation can make a claim to JTK for unfair dismissal if they feel that this right has been infringed upon.

The term “just cause and excuse” generally means that as employers, you must have valid reason to dismiss an employee — whether they are on probation or not. ‍

This post has been edited by JimbeamofNRT: Apr 20 2024, 08:57 AM

a probationer is already an employee of the company.

I am abit concern of the usage of the word "begging" here. Pls dun tor Sui Kar malaysians! What's so special about this MNC that one needs to beg??