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 clash...you 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
>
Dear all

I have a case here and would like to get inputs from all members. This
is pertaining to a probationer.

Employee A (customer service coordinator) commenced work in January

2006 and has to undergo 6 months probation. In her offer letter it was
clearly stated that probation can be further extended based on
performance and confirmation shall be in writing. A is based in Penang
(a small sales office with a manager, 1 sales and 1 engineer and A). 4
months down the probation period, the branch manager left the company
and the sales office is managed by another manager from Shah Alam's
office. The manager claimed that she needs a few months to evaluate her
performance and that few months exceeded A's 6 months probation. A was
then hospitalized for 3 weeks and went on medical leave for another 3
weeks. She has been diagnosed with SLE. Prior to employment, A did
not state that she is suffering from any illness. Subsequently, A
needs consistent and prolong treatment including chemotheraphy.
Therefore, A has to be on medical leave frequently. A's attendance has
also become an issue (frequently late on many occasions). After series
of counseling, the manager then decided to further extend her probation
due to this and give her time to improve (on humanitarian grounds).
Just 2 days ago, A informed her manager that she had a fall and broke
her shoulder and again has been admitted to hospital.

We need to have a full time Customer service person in the sales office.
Without one, the office cannot fully function and we may end up losing
a lot of business. Currently A is still a probationer and is now lying
in the hospital bed, and we do not know for how long. Her manager
refused to confirm her and has requested for non-confirmation letter to
be issued.

I would welcome advise and inputs to give us more light into this case.

Thanks to all.
Noorul

Noorul,
I would have the following opinion for you to consider

Gather as much information as you can.

1. Her performance indicators during the 4 months with the former

manager...
2. Written report of her performance appraisal for her existing manager
3. Go and visit her. Obtain information of her conditions. Discuss
with
her on your business constraint and get ready your proposal to her if
bla.bla bla... . Ask her for any probable ideas or options that she
may
think of to solve your problem. Who knows, after hearing your
business
constraint, she decided to leave with some reasonable proposal too.
(Talk to her doctor first before you discuss with her on the company
business
issue)
4. Discuss with her doctor of her diagnosis and probable conditions
including sick leave and future treatment and conditions and doctor's
opinion.

Once you have gathered he above facts, 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,
(Salary,allowances, No.of MC so far, Potential MCs upon discharged,
her performance since she joined ,(good and bad), her opinion offered
during your visits, doctors opinion, how long will she be in bed, law
implications etc. Not to forget, 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, when can get, new cost, new base salary, timing compare to
hire new and waiting for her to come back, learning curve for new hire,
new hire have similar problem, socso claims, No Pay Leave, while you
take in a contract staff, etc)

Then, let your manager decide based on your findings and options
proposed.

Or if you can gather all this facts and post it to the forum, it would
be more relevant inputs that can be posted to you by other members too.
A reasonable and appropriate decision should be made considering
various aspects of the case. If you simply decide, you can be blame
for unexpected situation that may turn out.

Best regards
Ismail

Azila,
I would rather put it in this way...This is not the law requirement
but best and common practices...

CONFIRMATION OF APPOINTMENT
1. When an employee is confirmed in his/her appointment, the Employer
will issue a written notification Letter of Confirmation and brief
employee on
the related terms & conditions of a confirmed employee. It is not
necessary for the employer to obtain any consent for the Notification
Letter. Acknowledgment of receiving the letter if required is
acceptable
but not consent or agreement by the said employee.

PROMOTION
2. When an employee is promoted. Employer should issue a letter "Offer
of
Promotion" with a set of new terms and conditions of offer. The
Employee
will be briefed on the new terms of offer including his/her new area
responsibilities. Once Employee accepted the offer he/she should
signed
as "Acknowledgement of Acceptance" of the offer which will be an
evidence
that he/she understand the offer with new role of responsibilities.
If
the employee disagree or rejected the offer, 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, then it will be

difficult for the Company to address cases where the said employee
cannot
perform to the job expectations. A demotion is not that easy to handle
as
the promotion was given as instruction rather than an offer. When the
promotion was given purely as Management Instruction without allowing
such
employee to agree or otherwise. Therefore, no evidence of a specified
understanding, agreement, acknowledgment or consent from the said
employee
for his promotion was available.

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. This type of promotion do happen and may lead to
constructive
dismissal as it was provided as directive without consent of the said
employee.

WHAT WOULD BE THE PROBABLE APPROACH OR THE MOST SUITABLE MANNER TO

ADDRESS
A PROMOTION EXERCISE?.

Establish a letter which specify the new terms, wages, applicable

benefits, new job responsibilities failing to perform, conditions to
pul
back and acceptance space or column for employee to sign as acceptance
of
offer. Preferably, provide options for a testing period for couple of
months as TRIAL PERIOD for evaluation of performance. 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. If he/she failed, the promotion will be
offered to other potential employees. This practices will provide
opportunity to others too.
Therefore, 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.

Best Regards
Ismail Mohamed

Yes and No answer.

On one hand, we can see promotion something like redesignation and

company has the right to do so.

On the other hand, if your are forcing a staff to do something that

they don't want, you are either forcing him to resign or do a half bake
job for you.

Regards,
SYYeoh
Mobile: +6016 220 3268
Fax: +603 5721 6131

Dear Ismail and the rest,

The probationary clause come under the practice of employer and it is

not stated in any ACTs. Hence, it is what written in your company_s
policy. When a person is recruited, yes his/she is permanent or under
fix term contract or part-timers contract_ etc. 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.

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. It is the duty of employee to obey
reasonable request from the employer.

If a company practices acceptable to confirmation/ promotion etc, then

this request is reasonable request and simple to follow. 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 it is now for both
employer and employee to decide where it goes from here. At then end,
the employer need to make a call, you don_t deem a person confirm
unless you have a deeming clause in your contract. So the decision will
be non-confirmation (yes, it is termination).
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. 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.

Ng Kok Hoe, Daniel

Senior Manager, Human Resources
Scicom (MSC)Bhd
+603-2162 1088 ext 72101

Dear Andrea,
>
> Thank you for your inputs.
>
> I have never heard of an employer issuing a non-confirmation letter
> and the employee is still working. It is either he/she is confirmed,
> extended probation period or service terminated failing to perform
> satisfactorily until the end of the probation period. On the other
> hand, I foresee no reason or the need for the Company to request for
> acceptance from an employee for confirmation. The Company duty is
> justto notify to the employee whether he is confirmed or not.
>
> 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. At the end of the six (6)
months,
> yourperformance will be reviewed and if satisfactory, the Company
> shallnotify you in writing of your "Confirmation of Appointment".
> 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.
>
>
>
> If the above statement is clear, the Company need to issue a letter
of
> conformation as notification only which does not require any
signature
> of acceptance by the said employee. Thereafter, whatever the said
> employee shall be eligible to any benefit as confirmed employee. By
> then, he /she is already categorised as a confirmed employee with the
> evidence of receiving benefits of confirmed employee. If he is not
> happy with the conformation, that will be a separate issue for
> discussion. If a Company practice signatory of acceptance for
> confirmation and allow employees to accept or otherwise, I think it
> will create lots of hassle for other employees who may do the same
> thing.
>
> Generally, confirmation of a probationer is the prerogative of the
> Management. Of course non-confirmation must be done with good reason
> and after the management has given the employee ample opportunity to
> improve.
> Since confirmation is a management action (supported by Federal Court
> Judgement) there is actually no need for the employee to accept the
> confirmation. In fact, confirmation is an affirmation that the
> employeeis in permanent service.
>
> Therefore, the employee is confirmed upon receipt of such
notification
> from the employer irrespective of whether he signs his acceptance.
> If
> he then wishes to resign from service, he must provide notice based
on
> the notice period AFTER confirmation. The employee has no options in
> the confirmation process.
>
>
> ACCEPTANCE FOR PROMOTION
> General Comments and opinion, referring to Andrea's email on this
> matter.
>
> As for promotion, 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. It must be justifiable based on a favorable conditions
> offered.
> Giving an example if an employee holding a position of Technician
> earning a basic salary of RM1475 plus other skill allowances of
> RM120.00a month etc.. Then, the employer just promote him with less
> favorable terms such as " Promoted to Supervisor with salary
> adjustment of RM30.00and lose all other skill allowance and also
> without OT ....This is not an actual promotion package. The employer
> may take advantage of cost down for OT to increase the employee's
> salary to RM1500.00 and lose other
> currently enjoyed benefits. Therefore, in this case, the employee
> reserves his right not to accept as the offered terms are less
> favourable of his existing benefits. Unless, the offer is more
> favorable, then it is acceptable. The basis is the promotion package
> should be more favorable term and depending on cases by case.
>
> My 50 cen, lima puluh cen....
>
> Ismail Mohamed
> __________________