Clara, > > If this is my case, I would act to the following; > > 1.

Issue him a Notification letter of Confirmation as our standard > approach for confirmation of employees. > 2. Pay or provide him all entitlement related to a confirmed employees > in line with his position and category. > 3. If he has problem with the confirmation, get someone with the > right level to discuss with him as to know his reasons. > 4. If your Company can manage or accept his reasons or request > confined to his capabilities & values, revised whatever appropriate. > Such salary adjustment if your confirmation provide a salary > adjustment or position/grading appropriately as to avoid future > request from others. If you management is not able to fit his need, > just advise your views on his request professionally. > 5. No need to send him a letter of non-confirmation. You need to pass > him a confirmation letter whether he accepted it or not the point or > our intention. > 6. Finally, if both party may have no choice to allow him > to resign and he has to follow the rules and give notice of > termination similar to a confirmed employee. > 7. If you do not issue him any letter of confirmation, he shall remain > as a probationer... but on along run if he is benefitting all fringe > benefitsof a confirmed employee, later he may be classified or assumed > as a confirmed employee. > > * In general if you remain him without any letter of confirmation and > he do not entitle to any confirmed employee's benefit, he won't stay > long and shall remain as a probationer sampai tua lah.. > > "The important part here is to identify or know his problem which will > lead to a probable or right solution. Do not act drastically before > knowing his reasons. > > > ***Common reasons of employee do not wish to be confirmed. > > 1. Plan to leave the job. > 2. Confirmation with salary adjustment that is unrealistic or low > amount which does not fit his expectations after knowing what others > get. > 3. Do not wish to have more responsibilities 4. 5. He is a James Bond > .."spy" just to see your business information 5. Once confirmed with > salary increase reached the basic wage of RM1500 with no OT (if your > confirmation is with salary adjustment) 6. Suffering from andropause > like Mano.....!!!!! Jangan marah > > Ismail >

and we do not know for how long. Discuss with her on your business constraint and get ready your proposal to her if bla. I would have the following opinion for you to consider Gather as much information as you can. the manager then decided to further extend her probation due to this and give her time to improve (on humanitarian grounds). Her performance indicators during the 4 months with the former manager. 1. (Talk to her doctor first before you discuss with her on the company business issue) . Written report of her performance appraisal for her existing manager 3. A did not state that she is suffering from any illness. Just 2 days ago.. A informed her manager that she had a fall and broke her shoulder and again has been admitted to hospital. She has been diagnosed with SLE. A is based in Penang (a small sales office with a manager. A has to be on medical leave frequently.. In her offer letter it was clearly stated that probation can be further extended based on performance and confirmation shall be in writing. A was then hospitalized for 3 weeks and went on medical leave for another 3 weeks. after hearing your business constraint. I would welcome advise and inputs to give us more light into this case. . Subsequently. Her manager refused to confirm her and has requested for non-confirmation letter to be issued. 4 months down the probation period. Go and visit her. the branch manager left the company and the sales office is managed by another manager from Shah Alam's office. Noorul Noorul. We need to have a full time Customer service person in the sales office. Thanks to all. Without one.Dear all I have a case here and would like to get inputs from all members. 2.bla bla. she decided to leave with some reasonable proposal too. Prior to employment. The manager claimed that she needs a few months to evaluate her performance and that few months exceeded A's 6 months probation. Obtain information of her conditions. After series of counseling. Who knows. A needs consistent and prolong treatment including chemotheraphy... 1 sales and 1 engineer and A). A's attendance has also become an issue (frequently late on many occasions). the office cannot fully function and we may end up losing a lot of business. Ask her for any probable ideas or options that she may think of to solve your problem. Currently A is still a probationer and is now lying in the hospital bed. is pertaining to a probationer. Therefore. This Employee A (customer service coordinator) commenced work in January 2006 and has to undergo 6 months probation.

Potential MCs upon discharged.This is not but best and common practices. PROMOTION 2. Or if you can gather all this facts and post it to the forum.. learning curve for new hire. etc) Then. No Pay Leave. law implications etc. new base salary. Employer should issue a letter "Offer of Promotion" with a set of new terms and conditions of offer. her performance since she joined . timing compare to hire new and waiting for her to come back. When an employee is promoted. Discuss with her doctor of her diagnosis and probable conditions including sick leave and future treatment and conditions and doctor's opinion. let your manager decide based on your findings and options proposed. When an employee is confirmed in his/her appointment. No.4.(good and bad).of MC so far. it would be more relevant inputs that can be posted to you by other members too. It is not necessary for the employer to obtain any consent for the Notification Letter. when can get.allowances. socso claims. how long will she be in bed. Not to forget. doctors opinion. The Employee will be briefed on the new terms of offer including his/her new area responsibilities. (Salary. new cost.. Once you have gathered he above facts. the law requirement CONFIRMATION OF APPOINTMENT 1. Best regards Ismail Azila. Acknowledgment of receiving the letter if required is acceptable but not consent or agreement by the said employee. new hire have similar problem. include your options which may also reflect a reasonable cause of actions appropriately not only confine to business point of view but other relative aspect of human constraints (If hire. A reasonable and appropriate decision should be made considering various aspects of the case. provide a summary of her profile since she joined the Company together with your proposals that deemed applicable and appropriate with details of all relevant aspects. the Employer will issue a written notification Letter of Confirmation and brief employee on the related terms & conditions of a confirmed employee. Once Employee accepted the offer he/she should signed . while you take in a contract staff. her opinion offered during your visits. I would rather put it in this way... If you simply decide. you can be blame for unexpected situation that may turn out.

This practices will provide opportunity to others too. agreement. conditions to pul back and acceptance space or column for employee to sign as acceptance of offer. new job responsibilities failing to perform. Preferably. If the employee disagree or rejected the offer. WE can also have a situation where the Employer promoted an employee with a hidden agenda for the purpose or intention to remove the employee by giving promotion together with a transfer knowing that he will not be able to perform. then it will be difficult for the Company to address cases where the said employee cannot perform to the job expectations. applicable benefits. . such matter has to be discussed further and the next cause of action should be made whether to revise some of the terms offered or offered to other potential employees. WHY IS IT NECESSARY TO OBTAIN EMPLOYEE'S ACCEPTANCE OR CONSENT FOR A PROMOTION? If a promotion is exercised without employees consent. If he/she failed. wages. no evidence of a specified understanding. When the promotion was given purely as Management Instruction without allowing such employee to agree or otherwise. Therefore. A demotion is not that easy to handle as the promotion was given as instruction rather than an offer. WHAT WOULD BE THE PROBABLE APPROACH OR THE MOST SUITABLE MANNER TO ADDRESS A PROMOTION EXERCISE?.as "Acknowledgement of Acceptance" of the offer which will be an evidence that he/she understand the offer with new role of responsibilities. provide options for a testing period for couple of months as TRIAL PERIOD for evaluation of performance. This type of promotion do happen and may lead to constructive dismissal as it was provided as directive without consent of the said employee. acknowledgment or consent from the said employee for his promotion was available. the promotion will be offered to other potential employees. During the trial period the employee may be entitled to a special "Acting Allowance" of which can be absorbed to his/her basic salary once he/she completed the trial period satisfactorily. Establish a letter which specify the new terms.

It is the duty of employee to obey reasonable request from the employer. SYYeoh Mobile: +6016 220 3268 Fax: +603 5721 6131 Dear Ismail and the rest. it is termination). yes his/she is permanent or under fix term contract or part-timers contract_ etc. Hence. I would say the answer to your question whether a YES or NO is applicable depending on the type or cases of promotion and in line with the respective organistaion policies. The probationary clause come under the practice of employer and it is not stated in any ACTs. . The probationary clause is use to assess performance and also attitude of the employee whether the person suit your company culture or not and your evaluation form needs to clearly show this and your company process must also clearly define this. Best Regards Ismail Mohamed Yes and No answer. As long as the employee is aware of what he/she been assess during probation and areas needed for improvement he /she should works towards employer_s reasonable request. then this request is reasonable request and simple to follow. it is what written in your company_s policy. we can see promotion something like redesignation and company has the right to do so. When a person is recruited. So it is now for both employer and employee to decide where it goes from here. On the other hand. Regards. At then end. if your are forcing a staff to do something that they don't want.Therefore. If a company practices acceptable to confirmation/ promotion etc. you are either forcing him to resign or do a half bake job for you. On one hand. you don_t deem a person confirm unless you have a deeming clause in your contract. When an employee DON_T want to be confirmed what does that tell you? (Aside from his dispute of NOT enough increment after confirmation?) He merely sent a message that he/she is no longer interest in his present work (overall satisfaction) or the environment of the work place and its overall process and can no longer follow it. So the decision will be non-confirmation (yes. the employer need to make a call.

On the other > hand. Daniel Senior Manager. > > Thank you for your inputs. By > then. > In the > event that your performance is unsatisfactory your service may be > terminated or your probationary period may be extended for a further > period not exceeding three (3) months effective from the initial > probation period of six (6) months. At the end of the six (6) months. If he is not > happy with the conformation. > yourperformance will be reviewed and if satisfactory. Merely deem a person confirmed request him/her to serve notice period after confirmation will not work. It is what your company practices that set the precedence at your workplace. whatever the said > employee shall be eligible to any benefit as confirmed employee. Thereafter. he /she is already categorised as a confirmed employee with the > evidence of receiving benefits of confirmed employee. I foresee no reason or the need for the Company to request for > acceptance from an employee for confirmation. > > > > If the above statement is clear. If a Company practice signatory of acceptance for > confirmation and allow employees to accept or otherwise. Human Resources Scicom (MSC)Bhd +603-2162 1088 ext 72101 Dear Andrea. > > I have never heard of an employer issuing a non-confirmation letter > and the employee is still working. the Company need to issue a letter of > conformation as notification only which does not require any signature > of acceptance by the said employee.The end result / any other actions deem fits should be clearly defined in your policy when issue like this is not covers by EA or any other act. that will be a separate issue for > discussion. > > Commonly in the letter of offer under the clause of probation it is > very clear that the contents specifies "(sample) > > PROBATION > > > You will be placed on probation for a period of six (6) months from > the date of your assumption of duty. Ng Kok Hoe. I think it > will create lots of hassle for other employees who may do the same . > extended probation period or service terminated failing to perform > satisfactorily until the end of the probation period. The Company duty is > justto notify to the employee whether he is confirmed or not. It is either he/she is confirmed. the Company > shallnotify you in writing of your "Confirmation of Appointment".

then it is acceptable.00a month etc... > > > ACCEPTANCE FOR PROMOTION > General Comments and opinion. the offer is more > favorable. > > Ismail Mohamed > __________________ .This is not an actual promotion package. referring to Andrea's email on this > matter.00and lose all other skill allowance and also > without OT . The employee has no options in > the confirmation process. Of course non-confirmation must be done with good reason > and after the management has given the employee ample opportunity to > improve. he must provide notice based on > the notice period AFTER confirmation. In fact. > > Therefore. Therefore. Unless. The basis is the promotion package > should be more favorable term and depending on cases by case. confirmation is an affirmation that the > employeeis in permanent service..00 and lose other > currently enjoyed benefits.. > If > he then wishes to resign from service. > > As for promotion. the employee > reserves his right not to accept as the offered terms are less > favourable of his existing benefits.. in this case.> thing. the employee is confirmed upon receipt of such notification > from the employer irrespective of whether he signs his acceptance. > Giving an example if an employee holding a position of Technician > earning a basic salary of RM1475 plus other skill allowances of > RM120. lima puluh cen.. confirmation of a probationer is the prerogative of the > Management. I think we should not treat the same to promote any > employee without their consent as for the business purpose it may not > be > > healthy. the employer just promote him with less > favorable terms such as " Promoted to Supervisor with salary > adjustment of RM30. The employer > may take advantage of cost down for OT to increase the employee's > salary to RM1500. Then. > > My 50 cen. It must be justifiable based on a favorable conditions > offered.. > Since confirmation is a management action (supported by Federal Court > Judgement) there is actually no need for the employee to accept the > confirmation. > > Generally.