Is a 30 day notice required during probationary period

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ORIGINAL POST

POSTED BY tashile (7 yrs ago)
Hi,


I just found a new job. I am currently only a little over a month into my 3 month probationary period.


My contract states that a 30 day notice has to be given or 30 days salary can be taken.


It doesn't specifically state whether or not this is effective during the probationary period; I'm assuming it isn't.


Does anyone know what the law says?


Thanks

COMMENTS

tashile (7 yrs ago)
Sorry, I live in Hong Kong...
1

sk76 (7 yrs ago)
Contracts normally state whether you have a probationary period or not and exactly how much notice is needed irrespective of the probationary period. I worked for a company a little under a month but because I didn't have a probationary period I had to pay my months notice in leui.

If completely unsure then ask ur HR dept.

2

Shoe Girl (7 yrs ago)
If your contract states one month's notice, then you have to give one month's notice, I'm afraid, or one month's salary in lieu. A contract is a contract. It doesn't matter that you're on probation.
3

tashile (7 yrs ago)
Thanks sk76. Thanks Shoe Girl.


I wasn't sure. Its not the answer I wanted, but its only an extra 2 weeks.


Thanks again for your help.

4

ELBL (7 yrs ago)
It's usually a week's notice if you're on probation.This is written or implied.
5

Shoe Girl (7 yrs ago)
It usually is one week's notice if you're on probation, unless you have it stated in your contract that it's one month, then it's one month.
6

ELBL (7 yrs ago)
S 6 of the Employment Ord says if no termination period is stated for termination during probation,then no notice is required in the 1st month's probation.,but 7 days minimum notice is required therafter.However if there is such a termination notice,then the same applies for the 1st month's probation,but therafter,according to the period specified,but not less than 7 days.
7


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