Essay on Rights of Probationer

Individual Dissertation

Question 6

What are the rights probationers within the framework of Malaysian Industrial Contact? In what conditions can a company terminate the service of probationer? Refer to relevant the latest cases to compliment your arguments. В В В

HBH324N Managing Work environment Relations

Term 2, 2011

Done By: Jenny Voon (4211111)


This paper offers an overview of the rights of probationers within the context of Malaysian industrial relations. A probationer can be someone who has been hired to get a limited period on the realizing that the continuation of the agreement will be decided at the end of these period. Although the term " probation” is usually not present in the employment legislation in Malaysia, the commercial and Remarkable Court, however , ruled that the probationer looks forward to the same legal rights as a long lasting employee. Additionally , this newspaper further analyzes the circumstances exactly where an employer can easily and gets the right to eliminate the services of a probationer.


The central pieces of legal guidelines governing the employment legal rights in Malaysia are the Employment Ordinance 1955; the Industrial Relationships Act 1967 and the Employment Regulations 80. The common regulation as manufactured by Industrial and Appeal Tennis courts also serves as an important way to obtain law where the term " probation” was ruled in protect the rights of probationers in the context of Malaysian employment law (Davenport et approach 2000). Relating to Charles (2009, g. 436) in A-Z Guide to Employment Practice in Malaysia, 2nd edn, a probationer is a person employed for a small period together with the understanding that the confirmation or perhaps termination of the contract is only going to be identified at the end in the probationary period. The probationary period, nevertheless , is certainly not limited or specified under the law as it depends entirely on the employer's discretion. In keeping workplace, the conventional practice to get nonexecutives is usually 3 months whilst executive or managerial workers may be necessary to undertake a probationary amount of 6 to 12 months (Charles 2009, p. 436). When it comes to Koperasi Serbaguna Pekerja Felda Bhd sixth is v. Zainal Arifin bin Mohd Noor (cited in Parasuraman et ing 2010, p. 1), the court described that probationary period is an examination of the employee's attributes fantastic capabilities to fulfil duties assigned at the time of employer the opportunity to determine the suitability with the employee intended for permanent job (Charles 2009, p. 436). In general, probationary period enables employers to make the decision whether the new employee is appropriate for the job assigned to him or her. Right here, employers not only consider the two main factors: qualifications and skills, but also the complete aptitude, frame of mind and adaptability in the probationer in the workplace (Parasuraman ain al 2010, p. 1). While engaging a new probationer, it is employer's duty to mention the period and conditions clearly inside the contract appropriate during the probationary period in order to avoid any disbelief between both parties (Memo 2006).

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Methodology & Limitations

Both statute an incident laws prefer facilitate with this research daily news as a source of reference towards underlying concepts of probationers. The Industrial Court docket cases followed in this paper were related to the matter of termination and dismissal of probationers and the rights in the workplace. These instances were being seriously evaluated in which appropriate Courtroom rulings were cited to back up the studies made. This kind of paper also involves the utilization of primary and secondary options. Primary sources were based upon Employment Act 1955 and Industrial Relations Act 1967 while extra sources incorporate Industrial Courtroom cases, journals or reviews as well as rules books. The constraints in executing this research paper were mainly interested in the availability details associated with probationers' rights within the context of Malaysia Professional Relations.

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