Rights of Probationer
Individual Essay
Question 6
What are the rights probationers within the context of Malaysian Industrial Relations? In what circumstances can an employer terminate the service of probationer? Cite relevant recent cases to support your arguments.
HBH324N Managing Workplace Relations
Semester 2, 2011
Done By: Jenny Voon (4211111)
Abstract
This paper offers an overview of the rights of probationers within the context of Malaysian industrial relations. A probationer is someone who has been hired for a limited period on the understanding that the continuation of the contract will be decided at the end of that period. Although the term “probation” is not found in the employment legislation in Malaysia, the Industrial and Superior Court, however, ruled that a probationer enjoys the same rights as a permanent employee. In addition, this paper further analyzes the circumstances where an employer can and has the right to terminate the services of a probationer.
Introduction
The central pieces of legislation governing the employment rights in Malaysia are the Employment Ordinance 1955; the Industrial Relations Act 1967 and the Employment Regulations 1980. The common law as developed by Industrial and Appeal Courts also serves as an important source of law where the term “probation” was ruled in to protect the rights of probationers in the context of Malaysian employment law (Davenport et al 2000). According to Charles (2009, p.436) in A-Z Guide to Employment Practice in Malaysia, 2nd edn, a probationer is a person employed for a limited period with the understanding that the confirmation or termination of the contract will only be determined at the end of the probationary period. The probationary period, however, is not limited or specified under the law as it depends entirely on the employer’s discretion. In common workplace, the normal practice for nonexecutives is 3 months while executive or managerial personnel may be required to undertake a
Question 6
What are the rights probationers within the context of Malaysian Industrial Relations? In what circumstances can an employer terminate the service of probationer? Cite relevant recent cases to support your arguments.
HBH324N Managing Workplace Relations
Semester 2, 2011
Done By: Jenny Voon (4211111)
Abstract
This paper offers an overview of the rights of probationers within the context of Malaysian industrial relations. A probationer is someone who has been hired for a limited period on the understanding that the continuation of the contract will be decided at the end of that period. Although the term “probation” is not found in the employment legislation in Malaysia, the Industrial and Superior Court, however, ruled that a probationer enjoys the same rights as a permanent employee. In addition, this paper further analyzes the circumstances where an employer can and has the right to terminate the services of a probationer.
Introduction
The central pieces of legislation governing the employment rights in Malaysia are the Employment Ordinance 1955; the Industrial Relations Act 1967 and the Employment Regulations 1980. The common law as developed by Industrial and Appeal Courts also serves as an important source of law where the term “probation” was ruled in to protect the rights of probationers in the context of Malaysian employment law (Davenport et al 2000). According to Charles (2009, p.436) in A-Z Guide to Employment Practice in Malaysia, 2nd edn, a probationer is a person employed for a limited period with the understanding that the confirmation or termination of the contract will only be determined at the end of the probationary period. The probationary period, however, is not limited or specified under the law as it depends entirely on the employer’s discretion. In common workplace, the normal practice for nonexecutives is 3 months while executive or managerial personnel may be required to undertake a