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can confirmation of probation be backdated

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pokey
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can confirmation of probation be backdated

Postby pokey » Mon, 17 Jan 2011 3:24 pm

employee signs a contract stating that there will be probation period of 6 monhts. During these 6 months, either party can terminate the contract with a 2 weeks notice. Upon confirmation, notice period will be 3 months. Employee, who is still under probation (as she has not received any sort of formal and informal notification that she has been confirmed) tenders her resignation, with a 2 weeks notice period. Employer, in order to keep her for another 3 months says that he will backdate the confirmation of the probation.

Is backdating of probation confirmation allowed?

in other words,
employee sign contracts on: 1st Jan 2010
employee tenders on: 4th April 2010

employer wants to back-date the confirmation of the probation, to before 4th April 2010, to end the probation early so that, employee will have to serve a 3 months notice instead of 2 weeks.
Last edited by pokey on Mon, 17 Jan 2011 7:11 pm, edited 1 time in total.

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Re: can confirmation of probation be backdated

Postby JayCee » Mon, 17 Jan 2011 3:47 pm

pokey wrote:Employee, who is still under probation (as she has not received any sort of formal and informal notification that she has been confirmed) tenders her resignation, with a 2 weeks notice period.


How long had she actually been at the company when she tendered the resignation? Just because she/you didn't receive a letter saying you were confirmed does not mean that the probation period had not ended and you were still under probation, every single job I have had has had the probation period at the beginning and I've never had a letter saying I was confirmed in any of the companies, once the time period is up that's it you're confirmed

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Re: can confirmation of probation be backdated

Postby pokey » Mon, 17 Jan 2011 3:50 pm

JayCee wrote:
pokey wrote:Employee, who is still under probation (as she has not received any sort of formal and informal notification that she has been confirmed) tenders her resignation, with a 2 weeks notice period.


How long had she actually been at the company when she tendered the resignation? Just because she/you didn't receive a letter saying you were confirmed does not mean that the probation period had not ended and you were still under probation, every single job I have had has had the probation period at the beginning and I've never had a letter saying I was confirmed in any of the companies, once the time period is up that's it you're confirmed


4 months plus when the resignation was tendered. Totally understand that the confirmation is 'automatic' if the probation period is upz..

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Re: can confirmation of probation be backdated

Postby therat » Mon, 17 Jan 2011 3:57 pm

confirmation is not automatic
probation can be extend.

But of course, depend on individual company HR policy.

For MNC, there will have such thing call confirmation letter.

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Re: can confirmation of probation be backdated

Postby JayCee » Mon, 17 Jan 2011 4:11 pm

therat wrote:For MNC, there will have such thing call confirmation letter.


Not in any of the MNCs I've worked for. And we're talking about probation being approved earlier than the stated period, not extended.

OP - as the probation was supposed to be for 6 months, then I doubt they'd be able to say that you passed it in 4 months but they didn't get around to telling you. Without anything in writing the original contract should still stand and that says 6 months, can't see how they would ever get away with this in court as they have nothing in writing nor your written or verbal agreement to it

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Re: can confirmation of probation be backdated

Postby ecureilx » Mon, 17 Jan 2011 4:27 pm

therat wrote:confirmation is not automatic
probation can be extend.

But of course, depend on individual company HR policy.

For MNC, there will have such thing call confirmation letter.


Yah, you need a letter saying you are confirmed, as good companies will give a letter, and if you don't then it is considered that you are not meeting expectations and either your probation is extended maybe or may not be in writing - depends upon the contract.

Legally there is no such thing as automatic, unless specified in the contract

For me - i had a funny and not so laughing situation: was working for a subsidiary of a MNC, no CEO and CFO was acting CEO, and 5 months after I joined, we had a new CEO. Two months later (7 months of my employment) I asked the new CEO for a confirmation and pat came the answer "I havent' seen you performing satisfactorily for 6 months" - well it was not my fxxxup that the guy was just two months into the company, and knowing our holding company is organised and systematic - drove my car to the HQ - at Jurong - and the Group HR Director listened sympethatically and replied that since it is not mentioned that you WILL BE CONFIRMED UPON COMPLETING SIX MONTHS - take it as an extended Probation" :((

I had to suck it up ..

Moral of the story - READ THE FINE PRINT

The only thing you can get away is the three months notice - so unless you are in a position such as manager and so and justifies the 3 months - seek help from MOM - they can advice you whether your job category justified the 3 months or you can fight your way with the legally approved 1 month :D :D

PS: if you get a backdated confirmation, not sure what it is, but employers can confirm you before the six months, and that also means you are eligible for termination benefits - if they terminate you :D

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Re: can confirmation of probation be backdated

Postby therat » Mon, 17 Jan 2011 5:04 pm

If the 3mth notice is stated at the employee contract and she/he sign on the dot.
Mean she/he agree.

She/he cannot go to MOM and say no fair , etc.
Unless she/he can proof she/he can't read.

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Re: can confirmation of probation be backdated

Postby therat » Mon, 17 Jan 2011 5:06 pm

JayCee wrote:Not in any of the MNCs I've worked for. And we're talking about probation being approved earlier than the stated period, not extended.


Either the HR lazy or the company not up to standard

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Re: can confirmation of probation be backdated

Postby ecureilx » Mon, 17 Jan 2011 5:09 pm

therat wrote:She/he cannot go to MOM and say no fair , etc.
Unless she/he can proof she/he can't read.


:D :D I love it .. :D

Well, maybe somebody can clear that - anyway, there is some law that states you cannot offer and accept more than 30 days as notice - I may be wrong though

but then again, once you sue an employer, you will be surprised how many prospective employers vanish into the woordworks .. :D

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Re: can confirmation of probation be backdated

Postby JayCee » Mon, 17 Jan 2011 5:45 pm

therat wrote:
JayCee wrote:Not in any of the MNCs I've worked for. And we're talking about probation being approved earlier than the stated period, not extended.


Either the HR lazy or the company not up to standard


Yeah ok, some of the world's top tier of investment banks and investment companies are not up to standard :lol:

Just accept that things are not as black and white as you think, I understand that this will probably be quite difficult for you :roll:

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Postby sundaymorningstaple » Mon, 17 Jan 2011 6:01 pm

Our contracts are written with automatic confirmation after 3 months stated as such. Also stated is if probation is to be extended it must be before 3 months are up and in writing.

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Postby ecureilx » Mon, 17 Jan 2011 6:56 pm

sundaymorningstaple wrote:Our contracts are written with automatic confirmation after 3 months stated as such. Also stated is if probation is to be extended it must be before 3 months are up and in writing.


And I also worked for an employer where if there is no confirmation after 3 months, consider yourself FIRED :D :D

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Postby pokey » Mon, 17 Jan 2011 7:08 pm

hmm.. abit off topic here.. probably i phrase myself again..

the employer wants to back-date the confirmation after the employee tendered her resignation. In other words, the employer wants to write an email, back-date to before the employee resign, to state that she has been confirmed. The point is to extend the notice period from 2 weeks to 3 months.

Is this form of back-dated probation confirmation legal?

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Postby ecureilx » Mon, 17 Jan 2011 7:23 pm

pokey wrote:hmm.. abit off topic here.. probably i phrase myself again..

the employer wants to back-date the confirmation after the employee tendered her resignation. In other words, the employer wants to write an email, back-date to before the employee resign, to state that she has been confirmed. The point is to extend the notice period from 2 weeks to 3 months.

Is this form of back-dated probation confirmation legal?


Ah - I see ..

so .. to tell the truth - are you ok to stay for 3 months or not ? If you like it, accept it .. if not - say "NO WAY JOSE" :D

And pray, how do you backdate an email ?? That is FRAUD :D CPIB ??

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Postby sundaymorningstaple » Mon, 17 Jan 2011 8:59 pm

Not only that, but the computer system will timestamp the email anyway, regardless of the date typed.


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