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advice regarding - Probation and termination of service

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Anni
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advice regarding - Probation and termination of service

Postby Anni » Wed, 10 Sep 2014 5:18 pm

Hi,

Just wanted to know if the Employer doesn't give a confirmation letter even after 6 months of Probation as per contract. What should you understand that you are confirmed ?

“ Probation and termination of service
You are required to serve a probationary period of six months. During which either you or the Company may terminate this employment by one month written notice. On confirmation of service, the notice of termination by either party shall be three months or payment of salary in lieu of notice. The company may also terminate your employment summarily at any such time without prior notice or payment in lieu of notice if you shall be found guilty of misconduct or breach or non-observance of any of the stipulations herein contained or shall be incapacitated by sickness directly or indirectly caused in the opinion of the aforesaid panel of doctors through misconduct, indiscretion, carelessness or negligence on your part. In the event that you decide to leave the company during the probation period, you will have to reimburse the company the following expenses:
- Joining expenses related to medical examination/ travel/ visa issuance/ employment pass/accommodation etc.
- Training expenses provided by our company.”
Last edited by Anni on Wed, 10 Sep 2014 7:24 pm, edited 1 time in total.

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Wd40
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Re: advice regarding - Probation and termination of service

Postby Wd40 » Wed, 10 Sep 2014 5:52 pm

[quote="Anni"]Dear All,

Request for your opinion and advice regarding the below:

Nationality: INDIAN
Status: Employment Pass
MOM : we checked with MOM and they only help in case salary bracket of foreigners is less than 4500 a month.

I commenced employment with ‘Company X’ (name withheld to maintain confidentiality) in the 2nd week of September 2013 whereby I signed a contract of employment with the undermentioned clauses pertaining (a) period of probation, (b) confirmation and (c) notice of termination.

--------------------------------------------------------------------------------------

“ Probation and termination of service
You are required to serve a probationary period of six months. During which either you or the Company may terminate this employment by one month written notice. On confirmation of service, the notice of termination by either party shall be three months or payment of salary in lieu of notice. The company may also terminate your employment summarily at any such time without prior notice or payment in lieu of notice if you shall be found guilty of misconduct or breach or non-observance of any of the stipulations herein contained or shall be incapacitated by sickness directly or indirectly caused in the opinion of the aforesaid panel of doctors through misconduct, indiscretion, carelessness or negligence on your part. In the event that you decide to leave the company during the probation period, you will have to reimburse the company the following expenses:
- Joining expenses related to medical examination/ travel/ visa issuance/ employment pass/accommodation etc.
- Training expenses provided by our company.”

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ecureilx
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Re: advice regarding - Probation and termination of service

Postby ecureilx » Wed, 10 Sep 2014 6:34 pm

Wd40 wrote:[

How come you always have some problem with employers?


maybe some people are a joy to work with?

:twisted: :twisted:

AngMoG
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Postby AngMoG » Wed, 10 Sep 2014 9:30 pm

Problematic situation anyways, since the contract is not formulated clearly and open to interpretation. It says that your probationary period is six months, and leaves no possibility for extension of such probationary period. On the other hand, the increased notice period only takes hold upon confirmation, which has not been given to you.

Note that the gap here may be filled by company policies, which could stipulate that a probationary period can be extended, or is automatically extended if not confirmed.

If no such policies exist, based only upon the information given, I would cautiously say that you are correct in assuming that you are automatically confirmed. However, if you are willing to test this, you should definitely get qualified legal advice first on whether you have a case.

Also note that in Singapore, the law is in favor of the employer, not the employee...

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ecureilx
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Postby ecureilx » Wed, 10 Sep 2014 10:16 pm

AngMoG wrote:.
Also note that in Singapore, the law is in favor of the employer, not the employee...


except blue collar employees :)

OP, unless the contract states automatic confirmation (which is rare but I have seen same anyway) you should have asked

for termination based on performance companies with the right 'talent' can really make you a poor performer, if they want to ... seen that too ....

Sporkin
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Postby Sporkin » Thu, 11 Sep 2014 10:34 am

I've heard of some companies, notably Microsoft that had a stacked ranking system, inevitably no matter how good you are if your peers are of the same or better caliber, some one will have to end up at the bottom stack.


ecureilx wrote:
AngMoG wrote:.
Also note that in Singapore, the law is in favor of the employer, not the employee...


except blue collar employees :)

OP, unless the contract states automatic confirmation (which is rare but I have seen same anyway) you should have asked

for termination based on performance companies with the right 'talent' can really make you a poor performer, if they want to ... seen that too ....

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ecureilx
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Postby ecureilx » Thu, 11 Sep 2014 12:51 pm

Sporkin wrote:I've heard of some companies, notably Microsoft that had a stacked ranking system, inevitably no matter how good you are if your peers are of the same or better caliber, some one will have to end up at the bottom stack.


I have seen it in a few companies and read about it, in some Chinese oriented companies (including CX I read somewhere)

after every flight the Chief steward has to rank the performance, and should she or he rank everybody is great, she will have to explain why he/she is not being ''objective"' and have to face the music, as simply somebody has to be bad and somebody has to be good !!!

So much so, the men who drive the planes are sometimes treated like plague, and strictly business, lest they put the wrong score, and a new FO had remarked, when the smiled at the waiting air crew and tried to chat while waiting, one of the stewards had blurted out that being friendly with the pilot is not in the post flight review and not obliged to be too friendly (as I am told so .. ).

that's how even tight and best performing teams in some companies loose their shine, when the dept heads are forced to put 2 on top, 2 on bottom and others in the middle, and the ones at the top and the ones at the bottom will have huge discrepancy in pay rise, bonus and all, and the bottom ones are first to go when there is a shake up, simply because HR selects them as they are not good performers

For OP, maybe he was dumped in the bottom, and that's good enough to be thrown out


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