Kenneth LK Na

12/26/2008 10:59:02 PM
Re: Confirmation long overdue & probation has extended

Hi Siew,

I would like to find out more about my employment’s confirmation as I joined my current company on April 9, 2008 as business development manager and was offered a basic monthly salary of RM7,500.00 with six (6) months of probation period. Thus, my confirmation due date suppose to be on October 8, 2008 based on our signed employment letter.

However, there wasn’t any confirmation letter issued to me neither official letter to inform me whether to confirm my current position or to extend my probation period. Nevertheless, my superior called me into his room together with my HR manager on December 19, 2008 and announced that he will extend my probation period simply because I did not fulfill his given sales target since day one I joined.

Up todate, I received no official letter of extending my probation which has made me very annoyed and puzzled. My questions are as follows,

a) Is there any clause state that after 6 months (Stated in my employment letter) due for confirmation and there wasn’t any form of official announcement, I would be considered confirmed staff? Alternatively, since my superior decided to extend my probation period then I would like to know is there any guidelines or how long more could he extend further?

b) Due to delayed in my confirmation, I lost my 13 month bonus (Should be calculated pro-rated so I should get half a month of my salary as bonus) which I suppose to enjoy if I was confirmed in the month of October as it was our company financial's cut off month. Is there any clause that could protect such benefit or for me to pursue further?

c) Just in case I would like to pursue further about my case, is there any government organization could provide their services to me? Is there any other organization besides Labor Office or Industrial Relation Body if they could not provide me any kind of protection? Which clause should I base on for further pursuing of such unfair treatment?

Your prompt reply and answers are greatly appreciated and thank you.

Warmest regards,

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KL Siew
12/27/2008 9:24:54 AM
Sorry, I have deleted the personal details given by you, not necessary here.

Since you are a manager, the Industrial Relations Department is the place for you to seek advice. However, I don't think there is any organization that has the power to deal with your type of case about confirmation of post. Times are not so good now, just be patient.
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