Hi good evening! By the way I am working in the company for more than 2months, am I under probation even if it is not stated in the contract? Somebody told me that the first 3months of the contract is automatic under probation. How true? Can I resign before my 3months? What is the first step I should make on resigning? Thank you so much.
Under probation
Beth7171
13 March 2019 18:55:28
3
XTang
13 March 2019 20:41:39
11242
Not really. Read this from labour law:
The worker may be employed under a probation period if expressly specified in the labour contract, provided said period does not exceed three months. Nevertheless, the probation period may be increased in the occupations to be determined by virtue of the Minister's decision, provided said period does not exceed six month. The probation condition shall only be retained if expressly specified in the labour contract.
Beth7171
14 March 2019 03:59:47
3
So you mean I have nothing to do if I want to resign?
XTang
14 March 2019 14:19:05
11242
No, what it means is that you are under probation if it is listed in the contract that was uploaded to LMRA for your visa. In that case, you can resign by giving 1 day notice even. In writing.
If not, then you have to serve out the full notice period.
Beth7171
14 March 2019 14:31:24
3
Thank you for the response. But can I get a copy of my contract from LMRA since I don't have it?
XTang
14 March 2019 14:32:08
11242
You can try but I don't think so. It is probably uploaded in the EMS system. Ask your employer.
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