TERMINATION AFTER PROBATION PERIOD

[camel500]

My 6 month probation period expired in early january 2011.i received no notice of it being extended ,but also no official letter confirming my appointment.i have had no problems at all and work just continued as normal.

my contract states that the probation period is 6 months and during that period either side can give 1 months notice.

My contract also states that 'after you have been confirmed in your position' either side must give 3 months notice.there is no mention of how this confirmation should be given.

Now ,after around 12 months service the employer is giving me ,and others,just 1 months notice of termination.mainly due to a downturn in business

is this legal or normal here in singapore ? can anyone please recommend a decent lawyer if necessary ?

many thanks!

[beppi]

You should be given three months notice, as per your contract.
The probation is automatically passed and you become a confirmed employee once the period is over (unless it's specifically extended, which it wasn't in your case).
See a lawyer and have him send a nice letter to the employer!

[camel500]

Beppi thanks for your reply.

What you say does of course make sense to me , i wonder if there have been any legal precedents regarding this 'silence' from the company about the probation period/notice period ?

[camel500]

can someone reccommend a reasonable lawyer please ?

[sundaymorningstaple]

can someone reccommend a reasonable lawyer please ?

Isn't "reasonable lawyer" about the same as saying "Military Intelligence"? The two words should never be used in the same sentence.

[camel500]

yes , it is a bit of a misnomer i agree.. however i do need to find someone to look over my contract and find out exactly where i stand on this . ..i would imagine others have been in a very similar situation ..just want to find a solution .

thanks!

[richie303]

Have you tried talking to the company HR department initially and saying "It seems you've made a mistake, my notice period in my contract states 3 months, if you need to let me go in 1 month then you have to pay me the further 2 months of garden leave" and see what your response is. Maybe do this via email.

I would 'suggest' they have made a mistake and not insist that they are wrong and see what comes of it, you don't want to fall out badly at the first step, they may enter into some kind of discussion with you.

In regards to employment lawyers, there is a list of them here.....

http://www.hg.org/law-firms/Employment/Singapore.html

I am sure if you pick on of them they will help. Lawyers are much like anything else, they aren't necessarily good if they work for a large firm or a small firm and cost doesn't always mean the best representation. It's a bit of a "finger in the air" job.

Good Luck! Hope you find another job soon.

[JR8]

Have you tried talking to the company HR department initially and saying "It seems you've made a mistake, my notice period in my contract states 3 months, if you need to let me go in 1 month then you have to pay me the further 2 months of garden leave" and see what your response is. Maybe do this via email.

I would 'suggest' they have made a mistake and not insist that they are wrong and see what comes of it, you don't want to fall out badly at the first step, they may enter into some kind of discussion with you.

+1

This sounds like a sensible first step to me.

[camel500]

Richie 303

thanks very much for your suggestion, i have already spoken to HR and their position is that they have a policy of issuing a letter of confirmation, and they say that it is not only based on performance but also on operational matters e.g if business is slower ..

however i know of others who have also not been given a confirmation letter after the end of probation period who then tried to leave by giving the company 1 month notice...the company tried to insist on 3 months notice ! so they have a track record of inconsistency

anyhow it seems i have no alternative but to get a legal opinion on it before i do anything else .then decide on a plan of action ..i might well try your idea of an email just to see if they give any kind of response.

any more suggestions are warmly welcome !

thanks