Monday

Employment Act and Probation

You may heard of your company Human Resource Department practitioners say that ...
"Employment Act says that you cannot take leave during probation"
"Employment Act says that you cannot take MC during probatino"
"Employment Act says that after 6 months of service considered as confirmed employee"
"Employment Act says that you work less than 3 months so you have not confirmed"

The above statement usually said by the non-HR trained HR practitioners and subsequently he/she confuse everyone including employees, subordinates, peers and his/herself.

Please ask the following questions to whoever who told you the above statement:
"Are you really the HR practitioners?" or
"Are you HR trained?" or
"Don't come and BS me"

I hereby challenge anyone who read this article to do the words search on "Probation" and "Confirmation" from Part 1 to Part 16 of Employment Act, total 140 articles. If you can find a single word of "Probation" and "Confirmation", you can knock my head : )

Employment Act does not mention anything about probation and confirmation at all time.
Probation and Confirmation is the system / policies where your company determine to ensure the suitability of the new employee or to set a period for your company to assess the new employees performance.

The employer cannot determine whether employee is entitled to mandatory leave by using the probation period. For example, annual leave and medical leave can be taken after 3 months of service, but not the company probation period.

As for the non-mandatory leave, such as paternity leave, compassionate leave and etc, then only can be determined by the employer whether to grant the employee before / after the so called probation period.