Is a 30 day notice required during probationary period

Posted by tashile (296 days 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

(I am based in Other)

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Posted by GreenValleys (296 days ago)

Where are you? (Not sure about the laws in 'Other' and you didn't say.)

(I am based in Jakarta)

Posted by tashile (295 days ago)

Sorry, I live in Hong Kong...

(I am based in Unspecified)

Posted by sk76 (295 days 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.

(I am based in Hong Kong)

Posted by Shoe Girl (295 days 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.

(I am based in Hong Kong)

Posted by tashile (295 days 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.

(I am based in Unspecified)

Posted by ELBL (292 days ago)

It's usually a week's notice if you're on probation.This is written or implied.

(I am based in Hong Kong)

Posted by Shoe Girl (291 days 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.

(I am based in Hong Kong)

Posted by GreenValleys (286 days ago)

I thought there was no notice required if you are in the first month only of a clear probation period. The rules change for the period after the first month when you are still on probation. However, the written contract would be the primary factor. If there is no probation period stated then the laws governing such periods could not be brought into play.

http://www.labour.gov.hk/eng/public/wcp/ConciseGuide/08.pdf

(I am based in Jakarta)

Posted by ELBL (284 days 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.

(I am based in Hong Kong)