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Expiry of probationary period

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Dita
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Expiry of probationary period

Postby Dita » Tue, 04 Dec 2012 8:13 pm

At the last week of my probationary period, my immediate manager told me that he would like to extend my probationary period since my performance doesn’t meet his expectation. I told him that I’m not agreeable to this decision.

Then two days later, 2 HRs and me had a meeting regarding the extension of my probationary period. We didn’t get the agreement.

Since all the notifications are verbal, I asked HR for the written notification. One hour after the expiry of my probationary period, HR sent me an email with the exact decision of probation extension.

Hrs and me had another meeting one day after the expiry of my probationary period. I was told that the extension of probationary period is by default without my confirmation. I still need two (2) months notice period if I would like to resign my job.

My contract states that ‘If your employment is not to be confirmed, this Employment Contract will cease and determine on the last day of the probation period and no further payment need to be made by BMSI in respect of such termination.’

What confuse me is that the written notification of extension happened after the expiry of my probationary period, what is the state of my employment? Is it true that I’m still under probationary period?

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

Many thanks!
Last edited by Dita on Wed, 05 Dec 2012 6:15 pm, edited 2 times in total.

offshoreoildude
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Postby offshoreoildude » Tue, 04 Dec 2012 8:38 pm

It sounds a bit off but I think you're attitude sucks anyways. I doubt you'll be offered continuing work anyways - they're just stringing you along until they get someone else lined up. The problem for you is how to leave without a penalty - correct? (PS -you're not an Indian national per chance?).
Now I'm called PNGMK

Dita
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Postby Dita » Tue, 04 Dec 2012 9:39 pm

offshoreoildude wrote:It sounds a bit off but I think you're attitude sucks anyways. I doubt you'll be offered continuing work anyways - they're just stringing you along until they get someone else lined up. The problem for you is how to leave without a penalty - correct? (PS -you're not an Indian national per chance?).


My understanding of the contract is that if my position is not confirmed before the expiry of my probationary period, the contract will simple cease and terminate without further payment from me, and no notice period neither. But what HR told me is totally different.

PS. I’m not Indian.

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Sergei82
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Postby Sergei82 » Tue, 04 Dec 2012 9:45 pm

Do they pay you less during probation?

Dita
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Postby Dita » Tue, 04 Dec 2012 9:50 pm

Sergei82 wrote:Do they pay you less during probation?


It should be the same.

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JR8
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Postby JR8 » Tue, 04 Dec 2012 10:03 pm

Boil it down for us to 3 sentences or less: What is it that you want out of this?

bro75
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Postby bro75 » Wed, 05 Dec 2012 11:37 am

Some companies have this laid out plainly on the employee handbook or contract:
For probationary employees, notice period is XX days (usually 2 weeks).
For confirmed employees, notice period is XX days (usually 1 to 2 months).
In lieu of notice, the employee can pay the employer equivalent to XX days salary (equiv to notice period) and vice versa.
Look for this clause (if any) in your contract or employee handbook. Without this clause, it will be difficult for you to argue for resignation with shorter notice period.

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ecureilx
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Re: Expiry of probationary period

Postby ecureilx » Wed, 05 Dec 2012 11:46 am

Dita wrote:At the last week of my probationary period, my immediate manager told me that he would like to extend my probationary period since my performance doesn’t meet his expectation. I told him that I’m not agreeable to this decision.

Then two days later, 2 HRs and me had a meeting regarding the extension of my probationary period. We didn’t get the agreement.

Since all the notifications are verbal, I asked HR for the written notification. One hour after the expiry of my probationary period, HR sent me an email with the exact decision of probation extension.

Hrs and me had another meeting one day after the expiry of my probationary period. I was told that the extension of probationary period is by default without my confirmation. I still need two (2) months notice period if I would like to resign my job.

My contract states that ‘If your employment is not to be confirmed, this Employment Contract will cease and determine on the last day of the probation period and no further payment need to be made by BMSI in respect of such termination.’

What confuse me is that the written notification of extension happened after the expiry of my probationary period, what is the state of my employment? Is it true that I’m still under probationary period?

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

Many thanks!


If you are talking of the BMSI - well, they are not kids .. they know the stuff

And HR works as per advice of your supervisor .. so you vent it on HR

So, you want to leave ? no, you cannot, as they employer extended your probation. Now read the contract for the exit clause, like, during probation how many days notice you need to give .. etc. etc. which is 2 months. If you planned to knock off, you should have preemptively notified them accordingly ..

Is it legal ? Yes, it is legal. Are you trying to inteprete the contract to suit your need to jump job or exit ? Me says YES !

and take it from me, you engage a lawyer, as a neighbouring country people tend to do, to force employer to keep people not needed in continued employ .. and vice versa, and nitpicking the terms and conditions .. forget about working in Singapore .. that's my 2 cents

Now, again, if it is BMSI (as per your words) they are not small and they have a legal team to write up the contract .. good luck.

If you are going to leave Singapore, go ..

Cath C
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Postby Cath C » Fri, 07 Dec 2012 10:32 pm

I understand that it's pretty stressful beingtold that your performance isn't what your boss wants it to be. They are able to extend the probationary period and, in my experience as an HR Manager, there has to be a pretty major change for an employer to suddenly be happy with someone after the probation has been extended.

You talked about a lawyer, but imagine what would happen if you successfully challenged the decision - you might stay at the company a bit longer, but your boss will remember that you weren't performing andthen gota lawyer involved. I know that it feels unfair to you, but your career at that company wouldn't recover from something like that. And you would always wonder whether they really appreciated your work or if they just keep you on because they have to....I suggest finding another role, let them know about your notice period and move on when you can as per your contract.

Hope you find something that you're great at with a company that likes your work.


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