Hi guys, I've got a small prob. My fren has not been confirmed by co. A but they still asked me to give 2 months notice. My fren has written what is in the contract and the handbook below. The contract dosent differenciate between a confirmed and a staff under probation. Co A did also give one of his colleague 1 month pay n did not confirm him ( Based on the handbook). He has to join Co B after the notice. Notice was from 19 March to 18 April. He also has 6 days annual leave balance.The co has said that they will hold his pay for April untill he pays 1 more month notice.What can he do?
The contract states
3. Probation and Notice of termination
3.1 You shall serve a probationary period of six (6) months. The probationary period may be extended in writing at our sole discretion for a further period not exceeding another three (3) month(s).
3.2 Following completion of the probationary period including any extension thereof, you shall be advised in writing by us on whether you have been confirmed for regular employment.
3.3 During your employment, your employment may be terminated by either party giving the other party two (2) months' notice in writing or two (2) months' pay in lieu of notice. No reason need be assigned for such termination and no claim by you shall arise out of such termination.
4. Other terms
4.1 You shall be subjected to all other terms and conditions of employment as contained in our Employment Handbook and/or such other corporate manuals as may be issued to you from time to time.
4.2 You shall abide by all terms, conditions, rules and regulations and observe all policies, practices and guidelines relating to standards, work ethics, safety and such other employment related matters currently in force (and updated from time to time) as stipulated in our Employment Handbook and/or other corporate manuals issued to you.
The handbook states,
31. Probationary period
31.1 Unless stated otherwise in your contract of employment, you will be on probation for the first three (3) months of your employment with the Company. We may extend this probationary period for a further period of three (3) months at our discretion. This period will give both of us an opportunity to explore whether or not you are suited to this position.
31.2 During your probation/extended probationary period, your manager will review and discuss your performance with you.
31.3 Having reviewed your performance, conduct, general suitability and compatibility during your probationary period, we will decide whether or not to confirm your employment on a permanent basis.
31.4 At any time during the probationary period including any extension thereof, your employment may be terminated by either party giving the other party one (1) month's notice in writing or one (1) month's pay in lieu of notice. No reason need be assigned for such termination.
Resignation Handbook, Revamp in progress 240614
Mar 22 2010, 11:40 PM
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