Managing Workplace Management 
Individual Essay
Managing Workplace Relations
HBH324N
‘What are the rights of probationers within the context of Malaysian industrial relations? In what circumstances can an employer terminate the services of a probationer? Cite relevant recent cases to support your arguments’
Rizky Amelia
4300548
Abstract
This paper is explaining the overview of the rights of probationers in the context of Malaysia industrial relation. Probationer can be defined as someone who has been employed for short period of time by considering the contract. Once the period of time is ended, the result of the probationer 's performance will be examined to decide the contract extension. Furthermore, probationer has the same rights as the permanent employees even though the term of probationer is not included in the employment legislation in Malaysia. Besides, this paper will further explain and analysed the conditions where the employer can terminate the service of probationer if the probationer has lack of qualifications.
Introduction
The legislation governing the employment rights in Malaysia are under the Employment Ordinance 1955; the Industrial Relations Act 1967 and the Employment Regulations 1980. This paper will clearly explain about the probationer in the probationary period and how the Court resolves the case by using law of another case as references. The collective law as developed by the Industrial and Appeal Courts also have an important role in the probation term as it has ruled to protect the probationers under Malaysian employment law (Davenport et al 2000). According to Charles (2009, p.436) in A-Z guide to employment Practice in Malaysia, 2nd edn. A probationer is a newcomer person with less understanding of the situation in the workplace with the termination contract will decide within the probationary period. In the common regulation, the probationary period is within 3 months and can be extent into 6 months to 12 months (Charles 2009, p.436).
In overall,
Managing Workplace Relations
HBH324N
‘What are the rights of probationers within the context of Malaysian industrial relations? In what circumstances can an employer terminate the services of a probationer? Cite relevant recent cases to support your arguments’
Rizky Amelia
4300548
Abstract
This paper is explaining the overview of the rights of probationers in the context of Malaysia industrial relation. Probationer can be defined as someone who has been employed for short period of time by considering the contract. Once the period of time is ended, the result of the probationer 's performance will be examined to decide the contract extension. Furthermore, probationer has the same rights as the permanent employees even though the term of probationer is not included in the employment legislation in Malaysia. Besides, this paper will further explain and analysed the conditions where the employer can terminate the service of probationer if the probationer has lack of qualifications.
Introduction
The legislation governing the employment rights in Malaysia are under the Employment Ordinance 1955; the Industrial Relations Act 1967 and the Employment Regulations 1980. This paper will clearly explain about the probationer in the probationary period and how the Court resolves the case by using law of another case as references. The collective law as developed by the Industrial and Appeal Courts also have an important role in the probation term as it has ruled to protect the probationers under Malaysian employment law (Davenport et al 2000). According to Charles (2009, p.436) in A-Z guide to employment Practice in Malaysia, 2nd edn. A probationer is a newcomer person with less understanding of the situation in the workplace with the termination contract will decide within the probationary period. In the common regulation, the probationary period is within 3 months and can be extent into 6 months to 12 months (Charles 2009, p.436).
In overall,
References: Durham.J , 2013, viewed on 29 October 2013, http://www.safeworkers.co.uk/probationaryperiod.html. Malaysian Labour Law : Regulation of Employment , viewed on 27 October 2013 http://my.jobsdb.com/MY/EN/V6HTML/JobSeeker/handbook/regulation-of-employment/hiring_3.htm Markham.J , 2009 , viewed 27 October 2013 http://nccriminallaw.sog.unc.edu/?p=479 2) Khaliah Abbas v. Pesaka Capital Corporation Sdn.Bhd (1997) 3 CLJ 827. 3) Tamil.T v.Sutera Logistic (M) Sdn.Bhd 4) Hari Bala R Parasuraman v Johnson Controls (M) Sdn.Bhd (2009) 5) Ramarao A/L Mariah v Future Reserves sdn.bhd (2010) 6) (Samsuddin Mat Amin v 7) (Inchape Malaysia Holdings Bhd v RB Gray) (1985) 8) Ang Beng Teik v Pan Global Textile Bhd., Penang, Gopal Sri Ram JCA) (1996)