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Donald low
30/12/2010 03:57:18
Re: Probation termination

Dear Mr. Siew,

Thanks god that you do provide a proffesional view on labour law issue. I'm a Insurance loss adjuster hired by local adjuster firm, i have been offer RM 1,200.00 for the probation period which is start from 19th May 2010 to 18th November 2010 whereby the company will provide car allowance and mobile phone allowance upon confirmation,but then the company don't provide any company vehicle or mobile phone during my serve of probation, for your information i have to travel for 300km(return) for outstation case , 60-100km(return) for local case . I was informed by admin clerk that i don't entile for anual leave during my probation. Yet in the offer letter it is clearly writen that i entitled 14 days paid leaved for each completed year of service. The company then verbally extend my probation period at some day in 14-16th November, i recieved the extension probation offer some day after 18th November, but the date stated is 18th November by no black and white reason stated why company extend my probation to 31st December 2010.There is a note that company have the rights to terminate my services by serving me two weeks notice without assigning any reason. i'm then can't remember whether do i sign and agreed the offer of extension probation period.
I'm then over hit the company mininum survey cases and compliance which is not writen in my offer letter in the month of December 2010(Before that, my survey cases are accordingly improve on survey and compliance from June 2010 to November 2010 although i couldn't reach the minimun survey . I was then been informed by a insider on 29th December 2010, that the company would ask me to write in a notice of termination service to the company on the next working day.

I would like to seek your advise on my enquiries stated below :

1. Do the company have the rights to terminate me within 24hrs before end of my probation period with/without any reason?

2. Do i have my rights to claimed my car allowance,phone allowance for my whole probation period if the company terminate at end of December?

3. How do i claim my anual leave?

4.Since i was not notify for the termination of service 14 days before the end of my probation, i hardly to get a job offer out there in Malaysia during this year end, i felt haunted and worried of my income, do any law protect me ?
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KL Siew
30/12/2010 09:02:51
What you actually need to do is to go personally to the Labour Office and make a complaint and let them look into the matter.
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