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Thread: Question about job termination within probation

  1. #1
    Member kiama's Avatar
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    Default Question about job termination within probation

    If there is such a situation:

    In the employment contract states

    a. either employer or employee can terminate employment by giving 1 month written notice or salary in lieu.

    b. 3 months probation period applies.

    After started work for just 2 weeks the employee is only verbally informed he is terminated and will be paid salary of the 14 days.

    Should the employee question about the salary? shouldn't it be 1 month instead?

  2. #2

    Default Re: Question about job termination within probation

    think that the 1mth notice only applies after the 3mth probation period is over.
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  3. #3
    Moderator ortega's Avatar
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    Default Re: Question about job termination within probation

    normally during probation, the notice is just 1 day, both ways

  4. #4

    Default Re: Question about job termination within probation

    normally during probation, the notice is just 1 day, unless stated before employment starts.

  5. #5

    Default Re: Question about job termination within probation

    Probation, legally speaking, exists only as an informal arrangement between two parties, i.e., the employer and the employee. MOM nor SG employment laws affect what is agreed between the two parties, or so I understand.

    It is required by law, that FINAL warnings MUST be issued in WRITING. Similarly, terminations need to be issued or followed up IN WRITING. If no such document exists, then legally, the employee is not deemed to have been terminated. However, harping on technicalities would not put the employee in a better porition in this instance. In short, it serves no purpose.

    In the case stated,

    a. either employer or employee can terminate employment by giving 1 month written notice or salary in lieu.

    b. 3 months probation period applies.

    it seems (to me) that simply, a 1-month notice is required for termination of contract by either party after confirmation.

    MOST companies in SG practise a 24-hour termination 'rule' within a probation period, and if that is the case with the employer in the situation you mentioned, it seems that the employee has benefitted by being offered 2 weeks' salary in lieu (of what??? it is not clear). But the employee seems to benefit in this case.

    The employee, in this instance might be much better of keeping quiet and taking the money that the employer has so graciously offered. Not all HR personnel truly understand the labour laws here.

    I am not a lawyer.
    Last edited by Feinwerkbau; 20th November 2006 at 01:52 AM.

  6. #6

    Smile Re: Question about job termination within probation

    'graciously offered'? i think not. it is earned salary for 2 weeks' work.

    although no t&c specifically on notice of termination during probation in your employment contract, it may have adopted provision/s of our employment act by a short statement to that affect.


    Quote Originally Posted by Feinwerkbau View Post
    MOST companies in SG practise a 24-hour termination 'rule' within a probation period, and if that is the case with the employer in the situation you mentioned, it seems that the employee has benefitted by being offered 2 weeks' salary in lieu (of what??? it is not clear). But the employee seems to benefit in this case.

    The employee, in this instance might be much better of keeping quiet and taking the money that the employer has so graciously offered. Not all HR personnel truly understand the labour laws here.

    I am not a lawyer.

  7. #7
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    Default Re: Question about job termination within probation

    I got a fren who worked in a MNC.. encoutered this situation also.. 3 months probation and then got terminated. They asked her leave on the same day.. surrender latop and company pass. She was paid an extra 2 weeks of free pay based on Singapore Labour Laws

    The reason she got terminated is because the boss has a work chemistry issue with her, according to her the boss was a easily stressed up man.. bang table.. throw handphone.. and shout dirty words.. heavy smoker and ate lunch alone ! both of them often worked till 8-9pm.

    As for now, she is in a new job but lower pay, however her colleagues and boss are nice family oriented people. Lots of medical and staff benefits also.. Work compared to the previous was a totally different one, she leaves on the dot home and tea breaks can be a long as an hour with colleagues.

    From her lesson, it seems to me.. High Pay means More Stress... Less Pay means Less Stress. Fair and Square.

  8. #8

    Default Re: Question about job termination within probation

    usu it wld be salary for period worked plus pay-in-lieu of notice to be given during probation period. this is what i encountered in 1 of the job who deemed me unsuitable after 2 weeks. i got paid 2 wks plus pay-in-lieu of 1 mth

  9. #9

    Default Re: Question about job termination within probation

    Should read the contract more clearly. It will normally state termination period during probation.

  10. #10
    Member kiama's Avatar
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    Default Re: Question about job termination within probation

    Quote Originally Posted by waileong View Post
    Should read the contract more clearly. It will normally state termination period during probation.
    Nothing is mentioned about termination during probation, just this:

    Quote Originally Posted by kiama View Post

    a. either employer or employee can terminate employment by giving 1 month written notice or salary in lieu.
    Is there a breach of contract?
    Last edited by kiama; 20th November 2006 at 02:44 PM.

  11. #11

    Default Re: Question about job termination within probation

    Quote Originally Posted by kiama View Post
    Nothing is mentioned about termination during probation, just this:
    u mean there was no mention of termination terms during probation? if they dun, they r only obliged to give u 24hrs notice

  12. #12
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    Default Re: Question about job termination within probation

    Under probation usually 24 hr notice. They not happy they tell you to go.

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