Probation extended again and again?
There is no confirmation date in sight and no clear reason why.
Your probation was meant to last a few months. It has been extended more than once, with no clear date for confirmation and no real explanation.
Repeated extension without a genuine reason raises its own fairness questions, separate from an outright probation dismissal. It can also leave you in limbo.
Can my employer keep extending my probation?
Not without a reason. Extensions should be tied to a genuine reason, such as specific, communicated performance concerns, and should not go on with no real prospect of confirmation.
An extension used only to delay confirming you, or to keep you more vulnerable, can support an unfair dismissal argument.
What should I ask for during an extension like this?
Ask for the specific written reasons for the extension and the exact targets you must meet to be confirmed.
Ask for a firm date by which a decision, confirmation or otherwise, will be made.
What if I am eventually dismissed after repeated extensions?
Your employer must still show just cause or excuse for the dismissal, and a long pattern of vague extensions can work against them.1
You have 60 days from the date of dismissal to file a Section 20 representation.2 This is the written claim you lodge to say your dismissal was unfair, and it goes to the Director General of Industrial Relations.
Does my remedy differ because I am still a probationer?
Back wages, the salary you lost while out of work, are capped at twelve months for a probationer and twenty four for a confirmed employee. The right to claim is the same.3
An unusually long probation with no confirmation is a problem in itself, even before any dismissal happens.
What should you do this week?
Gather every extension letter in order, with the stated reasons and targets given each time.
If you are eventually dismissed instead of confirmed, read about being dismissed while still on probation. Then use the deadline calculator to understand your window.
If you want a lawyer to act on your extended probation, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your extension letters in order directly to that lawyer. They can review whether it is a case they can act on.
If your probation keeps being extended with no end in sight, an independent employment lawyer can review your extension letters and take it forward if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Is there a maximum legal length for a probation period?
Malaysian law sets no single fixed maximum, so reasonableness and the reasons given for each extension matter more than a number of months.
Can I ask to be confirmed if my extensions keep lapsing without review?
Yes. You can ask in writing for a review or confirmation decision, and no response to a reasonable request is worth noting for later.
Does an indefinite probation affect my other entitlements?
It can affect benefits and protections tied to confirmed status. Ask HR directly how your probation status affects any entitlement you are unsure about.
Should I resign if the probation never seems to end?
Resigning is one option. Understanding your position first, including whether the pattern itself could support a claim, lets you decide on clear 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 60 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
If your probation keeps being extended with no end in sight, an independent employment lawyer can review your extension letters and take it forward if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.