Let Go During Probation in Setapak
Your probation in Setapak ended badly and you are not sure if it was fair.
Setapak grew up around Tunku Abdul Rahman University College. A whole economy of tuition centres, printing shops, cafes and small services businesses now serves that student population.
Much of the hiring here is informal, and probation periods are common for entry level roles. A probationer let go without explanation often assumes there is nothing to be done, and that assumption is usually wrong.
Who does this page speak to?
If you worked at a tuition centre, cafe, print shop or other small business near TAR UC in Setapak and were dismissed on probation, this page is for you. Coverage under Section 20 applies regardless of how much you were paid.2
A probationer is a workman like any other employee once a dismissal happens. The eventual remedy a court can award differs from a confirmed employee’s, but being new to the job is not the same as having no protection.
Where is a Setapak case heard?
Setapak is part of Kuala Lumpur, so a claim from here is heard at the Industrial Court headquarters in the city. Conciliation before that runs through the JPPM office for Kuala Lumpur, formally the Jabatan Perhubungan Perusahaan Malaysia.
A written representation must reach the Director General of Industrial Relations within sixty days of your dismissal.1 For a probationer, that clock often starts on the day shifts simply stop, so check it with the deadline calculator.
What is different about working here?
Small businesses around TAR UC and Jalan Genting Kelang rarely issue a written termination. A probation ending badly can look more like being quietly dropped from the roster than a clear dismissal.
The Setapak Jaya LRT station on the Ampang line keeps the area connected to the city. That makes attending a conciliation session manageable even around a new job.
What should you hold onto before you act?
Keep your offer message or contract if one exists, your recent shift rosters, and any WhatsApp exchange about your probation or performance. Even a short record is enough to start.
Documenting your case properly is what a Section 20 representation is prepared from.
A coworker who saw how your probation was handled can also help. Ask them to jot down what they remember while it is still fresh.
If your probation in Setapak ended without a clear reason, a short message with your dates can help you see whether it was handled fairly.
Common questions
I was told probationers in Setapak have no rights at all. Is that true?
No. A probationer is still covered by Section 20 once dismissed without just cause, though the back wages a court can award for a probationer are generally lower than for a confirmed employee. Being on probation does not put you outside the law.
My employer near TAR UC just stopped rostering me instead of formally ending my probation. What do I do?
Treat the date your shifts stopped as your effective dismissal date and count from there rather than waiting for a formal letter that may never come. Save your last few rosters and any message about the change so the date is easy to show.
Where is a Setapak case actually heard?
Setapak is part of Kuala Lumpur, so the case goes to the Industrial Court headquarters in the city, with the JPPM office for Kuala Lumpur running conciliation first.
Sources
- A worker dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations seeking reinstatement within sixty days of the dismissal under Section 20 of the Industrial Relations Act 1967. Mah Weng Kwai & Associates
- The Employment Act 1955 amendments in force from 1 January 2023 extended coverage to all employees regardless of wage and prohibit terminating an employee because she is pregnant. Malay Mail
Keep reading
If your probation in Setapak ended without a clear reason, a short message with your dates can help you see whether it was handled fairly.