Termination during Probation Period

[Needneed123]

Would like to have some advice on terminating during probational period. Understand that probation is for both parties, the company and the employee. However, the clause in my contract stated the following:

“Probationary period is 6 months from date of appointment. During the probation, the company is entitled to terminate your employment by giving you 3 days notice. On the other hand, you are not entitled to terminate your employment with the company during the probation period.”

Under notice period states:

“Your employment with the company may only be terminated by either party giving the other two months prior written notice of intention to terminate employment.”

Would like to understand under both clauses that if I were to terminate my employment by the end of probation period, do I still have to tender two months notice period for termination? Does the notice period applies to the probation period as this contract seems to me is only for the probation period. I’m also curious that if the notice period applies, would I be able to declare my intention for termination 4 months into probation so that I can terminate by the end of probation.

[PNGMK]

What a draconian contract. I'd say you're best bet is to advise the company you don't intend to accept an offer for permanent status once you're probation is completed. This is because a change of status means effectively a change of contract. If you inform them now of course they may immediately terminate you and I suspect they will. On the other hand you don't want to complete your probation and find they expect this two months BS.
If you have a reason to leave quickly I guess you need to notify them ASAP but personally I'd wait until you have completed probation by one day (and become officially permanent) and then give them two months notice. If they try to march you put then demand two months pay for garden leave. Screw those jerks.

[sundaymorningstaple]

If you earn more than $4,500/month you are not covered under the Employment Act, therefore your only recourse is what is written in your contract. If you didn't actually read your contract before you signed it, you are on your own. If you earn less than $4,500/mo Termination and notices MUST be the same for either party. Therefore, I'm assuming you fall under the former and not the latter.

[PNGMK]

If you earn more than $4,500/month you are not covered under the Employment Act, therefore your only recourse is what is written in your contract. If you didn't actually read your contract before you signed it, you are on your own. If you earn less than $4,500/mo Termination and notices MUST be the same for either party. Therefore, I'm assuming you fall under the former and not the latter.

I think OP is in an interesting position (unless he/she is desperate to leave) and could potentially walk out with a leaving present if he/she negotiates well.

[sundaymorningstaple]

Maybe, but OP has already shown us that reading for detail is not a strong point, even when uprooting and moving to a new country. But yes, you are entirely correct. IF...

[Needneed123]

If you earn more than $4,500/month you are not covered under the Employment Act, therefore your only recourse is what is written in your contract. If you didn't actually read your contract before you signed it, you are on your own. If you earn less than $4,500/mo Termination and notices MUST be the same for either party. Therefore, I'm assuming you fall under the former and not the latter.

I actually fall under the latter. But with such clauses, I’m unsure if employment act is able to override the clauses stated in the contract which is quite a clear cut in that sense. After all, it’s a contract signed by both parties willingly. I have to admit I disregarded that clause because I was sure I would enjoy what I will be doing but it seems otherwise.

[sundaymorningstaple]

Even though you signed it, you may still have a case with the MOM. If the contract is in violation of MOM/Employment Act then it is basically voided. It costs nothing to find out. A couple of email and/or a trip to the MOM might just get your sorted or you can go online to the MOM site and start reading up on the FAQs. They have a pretty extensive FAQs library there. Or if you think you can do it, follow PNGMK's suggestion.

[Nlucy]

I think from what is quoted here, logically you can inform them that you want to leave by 4 months + 1 day (exact 4 months may not be good for you) into the probation, because that means you terminate after probation (by 1 day), and if they want to use the 3-day thing to terminate you immediately, which they will likely do, you can either choose to take that since you want to leave asap, or argue and make it fussy for them and work for another 2 months, as 'notice' is different from effectively 'terminate', that's up to you. Just my opinion.