No Confirmation Letter

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asked on Apr 25, 2005 at 10:23
by   Suan
I am employed by this small company for 16 months, yet till now I still have not received my confirmation letter. My appointment letter state after the probationary period as a confirmed employee, either party may terminate the Contract by giving 2 month's written notice or payment of 2 months salary in lieu of notice.

Last December, I was given one month's bonus.  If I would resign now, how long notice do I have to serve?  Can I put in a standard notice of 2 weeks?  Your advice is much appreciated.
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answered on Apr 27, 2005 at 09:41
by   common sense
The central question is whether you are a confirmed staff. If it is so, then you would require to serve 2 months notice or payment of 2 months of salary in lieu of the notice as per your employment agreement.

Does company giving you bonus means confirmation of your employment?  In the absence of such notice in writing and verbal, this appears the confirmation not treated as been made.

I do not see there is anything that prevents the employer to pay bonus to unconfirmed staff.

I do not whether there is any legislation that presume a notice period for an unconfirmed employee for leaving the service.  Look at your employment contract.

Besides than the legal approach, you may look at the common approach to work out with your employer.  Not all employers are unreasonable.  Many employers realise keeping an unwilling worker would do more harm than good.
It is purely your prerogative to solve your own matter in your own way.
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