Notice period during probation in Malaysia: what the law actually says

The Employment Act does not mention probation

Search the Employment Act 1955 for “probation” and you will not find it. Probation is an arrangement written into the contract of service, not a separate status the Act creates. The Act’s notice rules apply to every contract of service, so they apply to an employee on probation in exactly the same way as to anyone else.

How much notice during probation

The written contract decides. Section 12(2) says the length of notice is whatever the written contract provides, and that it must be the same for the employer and the employee. A contract can set one notice period during probation and a longer one after confirmation, as long as each applies equally to both sides.

If the contract says nothing, section 12(2) sets a minimum based on length of service on the day notice is given. Almost everyone on probation has less than 2 years of service, so that minimum is 4 weeks.

Counting. Notice must be in writing, and the day it is given counts as the first day of the period (section 12(4)). Enter the dates below for the last day. The same calculator is also on its own page, as the notice period calculator.

Resigning during probation

The same rules apply. Give written notice of the length your contract sets, or 4 weeks if it sets none. Either side can agree to waive notice (section 12(2)), and either side can end the contract without serving notice by paying the wages for the unserved part (section 13(1)). How that payment works is in notice period buyouts in Malaysia.

Walking out without notice and without paying for it is not a probationer’s right under the Act, even though forum threads often say otherwise.

Ending a probationer's employment

An employer ending employment during probation gives the notice the contract sets, or pays in lieu of it under section 13(1). The Act also allows either party to end a contract without notice for a wilful breach of its conditions by the other (section 13(2)), and sets out dismissal for misconduct after due inquiry (section 14).

Notice is not the only question. Whether ending someone’s employment is fair, including during probation, is a separate matter from how much notice they get. Complaints of dismissal without just cause are dealt with under the Industrial Relations Act 1967, so take advice before ending a probationer’s employment over performance.

What to put in the offer letter

• How long probation lasts, and how and when confirmation will be communicated.
• The notice period during probation, stated as applying to both sides.
• The notice period after confirmation, if it is different.
• Whether notice is in weeks or months, and that it is given in writing.
• Whether either side may pay in lieu of notice, and how the amount is worked out for part-months.

Clear terms at the offer stage are cheaper than an argument at the end of probation, for the employer and the employee alike.

Hiring a candidate who is on probation elsewhere

A candidate still on probation with their current employer often has a short notice period, which can make them one of the quickest hires on a shortlist. Ask for the notice period and the realistic start date separately in the first round; the reasoning is in the questions a first round actually has to answer. Blue asks every candidate both in the first-round interview.

Questions people ask

The fine print

This page explains the text of the Employment Act 1955 as published by the Labour Department. It is not legal advice.