Employment Probation Extension

Posted by Totty (253 days ago)

I started employment at my current workplace August and hv the standard three months probabtion period.

However, after a meeting with my employer, and several other colleagues who are in the same boat as me, we were advise that our probabtions periods may well be extended.

The extending of the probabtion periods has nothing whatsoever do to with my work performance, nothing but compliments but basically down to the fact that i work as a Kindy teacher, i have qualifications but none that the EMB deem 'local' so school is having to emply someone with CCW to 'cover me'. Beacuse of this they say they need to extend mt probabtion period. Is this legal, also what, if any, are the implications?

Thanks

(I am based in Hong Kong)

Posted by GreenValleys (253 days ago)

What does your employment contract say? It's my guess your employer is pulling a swifty. And in that case your position could very quickly become untenable and you could find yourself in a no-win situation.

(I am based in Jakarta)

Posted by associates (252 days ago)

The extension of probation has to be on the basis of the relevant terms of the contract of employment. Generally the extension is on poor work performance. You claim that it was on other grounds. If so it is an unfair labour practice and you have the right to complain to the employer.

You state that you are working on the basis of what you call 'cover me', which means that you have acquiesced in the procedure adopted by your employer and what appears to me as an arragement outside the law. If our inference is correct then you have no cause to complain about it for you are a party to it and such action is necessary to continue you in employment.

N.T.S.Kularatne
Weir & Associates
Solicitors & Notaries
2108 Gloucester Tower
The Landmark
15 Queens Road Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
email : weirlaw@hongkonglaw.com
www.HongKongLaw.com

(I am based in Hong Kong)

Posted by Shoe Girl (252 days ago)

Totty, another implication is that the probation period does not count towards your pro rata for Chinese New Year bonus. In other words, if you work for 6 months before Chinese New Year and you have been on probation for 3 months, you will only be eligible for 3 months' pro rata of your year's bonus. So if they extend your probation period, it can also affect what you will get as a bonus for the period you have worked which is less than 1 year. I am assuming you are eligible for a CNY bonus, of course.

(I am based in Hong Kong)

Posted by Totty (252 days ago)

My original contract states that the probation period is for 3 months with a 7 day notice for poor performance.
When they employed me they knew i wouldn't get Registered Teacher status yet employed me based on references and experience and they have now extended my probation until Jan 31st.
What can i do? I enjoy working there, get real hjob satisfaction yet feel very insecure.

(I am based in Hong Kong)

Posted by Shoe Girl (251 days ago)

Totty, I don't think that legally they can extend your probation period, unless your work performance is unsatisfactory, and you have said that it isn't. If I were you, I would contact the Labour Department on their hotline 2717-1771.

(I am based in Hong Kong)

Posted by momo8.. (251 days ago)

I think that kindergarten sounds like a dodgy place to work for.

How about your work visa which in order to obtain they must prove that they can't employ a local person (assuming you are local that is) also why don't you contact the HKCAA directly http://www.hkcaa.edu.hk 10 th floor,Cambridge House,Taikoo Place.979 King's Road Quarry Bay ph 36580000 fax 28459910 and definitely contact the Labour Department too.

(I am based in Hong Kong)

Posted by Totty (251 days ago)

Thanks everyone for your advise.

It's not a dodgy kindergarten, it, and it sister schools, have been arounf HK for over twenty years and have fantastic reputations, just that at the mo the EMB are being difficult and this is what is happening to me and 6 other teachers at the school.

(I am based in Hong Kong)