Your Probation Never Seems To End
Your probation keeps being extended with no clear date for confirmation in sight.
Your probation was meant to last a few months. It has now been extended more than once, with no clear date for confirmation, and no real explanation why.
Repeated extension without a genuine reason raises its own fairness questions, separate from an outright probation dismissal. Left unresolved, it can leave you in limbo indefinitely.
Can my employer extend my probation as many times as they like?
Extensions should generally be tied to a genuine reason, such as specific, communicated performance concerns, and should not continue indefinitely without any real prospect of confirmation.
An extension used simply to delay confirming you, or keep you in a more vulnerable position, departs from what a fair unfair dismissal process looks like.
What should I ask for during an extension like this?
Request the specific, written reasons for the extension, and the exact targets you need to meet for confirmation to happen.
Ask for a firm date by which a decision, confirmation or otherwise, will be made, rather than leaving it open ended indefinitely.
What if I am eventually dismissed after many extensions?
Your employer still carries the burden of showing just cause or excuse for the dismissal, and a long pattern of vague extensions can work against them1.
You have sixty days from the date of dismissal to file a Section 20 representation with the Director General of Industrial Relations2.
Does my remedy differ because I am still a probationer?
If a claim succeeds, back wages are capped at twelve months for a probationer, compared with twenty four months for a confirmed employee, though the right to claim remains the same3.
An unusually long probation period itself, without confirmation, is worth discussing with a lawyer even before any dismissal happens.
What should you do this week?
Gather every extension letter you received, in order, along with the stated reasons and targets given each time.
If you are eventually dismissed rather than confirmed, read about being dismissed while still on probation, and use the deadline calculator to understand your window.
Sharing your extension letters in order helps a lawyer see whether the pattern was genuine or just delay.
Common questions
Is there a maximum legal length for a probation period?
Malaysian law does not set one single fixed maximum, so reasonableness and the reasons given for each extension matter more than a specific number of months.
Can I ask to be confirmed if my extensions keep lapsing without review?
Yes, you can request a review or confirmation decision in writing, and a lack of response to a reasonable request is itself worth noting for later.
Does an indefinite probation affect my other entitlements?
It can affect benefits and protections tied to confirmed status, so ask HR directly how your probation status affects specific entitlements you are unsure about.
Should I resign if the probation never seems to end?
Resigning is one option, but understanding your position first, including whether the pattern itself could support a claim, helps you decide with clearer information rather than frustration alone.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within sixty days of the dismissal. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twelve months for a probationer, compared with twenty four months for a confirmed employee. DNH
Keep reading
Sharing your extension letters in order helps a lawyer see whether the pattern was genuine or just delay.