Malaysia probation period guide 2026
Learn how probation period works in Malaysia, including common probation length, employee rights, leave, resignation notice, confirmation and payroll during probation.
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What Is a Probation Period?
A probation period is an initial assessment period during which the employer evaluates performance, conduct, attendance, communication and suitability for the role. It also gives the employee time to assess the job, manager, working environment and expectations.
Probation is usually created by the employment contract rather than by a fixed statutory probation period under the Employment Act. That is why the offer letter or contract should explain the duration, review process, extension rules and notice period clearly.
How Long Is Probation in Malaysia?
There is no single 3-month or 6-month probation period prescribed generally by the Employment Act. In practice, many employers use 3 to 6 months, but the agreed period can differ by role and organisation.
| Probation Arrangement | Common Use | What to Check |
|---|---|---|
| 3 months | Common in many office and junior roles | Review date, confirmation process and probation notice clause. |
| 6 months | Common where a longer assessment period is used | Performance expectations and whether extension is permitted. |
| Other period | Depends on employer and role | Make sure the period is clearly written rather than assumed. |
| Extended probation | Further assessment before a decision | Reason, new end date, targets and notice terms should be communicated clearly. |
Employee Rights During Probation
A probation employee is still an employee. Statutory rights and payroll obligations that apply to the employment relationship do not automatically disappear merely because the employee has not yet been confirmed.
Salary
Employee should be paid according to the agreed salary and wage terms.
Leave
Statutory leave rights should not simply be removed because of probation status.
Contributions
EPF, SOCSO and EIS can apply from employment commencement where eligibility rules are met.
Employment Terms
Notice, wages, working hours and other statutory requirements continue to matter.
Salary and Payroll During Probation
The employee should receive the salary agreed in the offer letter or employment contract. Some employers provide the same salary before and after confirmation, while others promise a revised salary after confirmation.
If a confirmation increment is promised, the amount or method should ideally be documented. Confirmation by itself does not automatically create a salary increment unless the employment terms provide for one.
| Payroll Item | Probation Treatment | Practical Point |
|---|---|---|
| Basic Salary | Pay according to the agreed employment terms | Compare payslip with offer letter. |
| EPF / KWSP | Applies where employee is covered by KWSP contribution rules | Probation itself is not an EPF exemption. |
| SOCSO / PERKESO | Applies where employee is covered by PERKESO rules | Check current contribution schedule and eligibility. |
| EIS / SIP | Applies to eligible employees | Probation status alone does not remove EIS coverage. |
| PCB / MTD | May apply based on taxable remuneration and HASiL calculation | PCB is not postponed merely because the employee is on probation. |
Can Probation Employees Take Annual Leave, MC and Public Holidays?
This is one area where the old “depends entirely on company policy” explanation can be misleading. Company procedures may govern when leave is taken or how it is approved, but statutory entitlements should still be respected.
| Entitlement | Statutory Baseline | Probation Point |
|---|---|---|
| Annual Leave | 8 / 12 / 16 days depending on continuous service | Probation does not create a separate statutory exclusion from annual leave. |
| Ordinary Sick Leave | 14 / 18 / 22 days depending on service | Valid statutory MC rights can apply during probation. |
| Hospitalisation Leave | Separate 60-day entitlement | Separate from the 14 / 18 / 22-day ordinary sick leave balance. |
| Paid Public Holidays | Minimum 11 statutory paid holidays, plus applicable additional holiday | Probation does not by itself remove public-holiday entitlement. |
| Unpaid Leave | Not the same as statutory paid leave | Usually requires employer approval and may reduce wages for the incomplete month. |
What Happens at the End of Probation?
At the end of the stated probation period, the employer normally reviews whether to confirm the employee, extend the assessment period or take another employment action in accordance with the contract and applicable law.
Confirmation
Employer confirms that the employee has completed probation satisfactorily.
Extension
Further assessment is required before confirmation is decided.
Updated Terms
Salary, benefits or notice may change only if provided or agreed accordingly.
Written Record
Keep confirmation, extension and revised-term letters for future reference.
Employees should not simply assume that the expiry of the stated probation date automatically produces every benefit associated with confirmation. If no confirmation or extension communication is received, ask HR to clarify the status in writing.
What Is a Confirmation Letter?
A confirmation letter records that the employer has confirmed the employee after the probation review. It may also record changes to salary, allowances, benefits, job title or notice period.
Keep the confirmation letter together with the original offer letter and employment contract because payroll and resignation terms may later depend on the confirmed terms.
Probation Extension
Where the employment terms allow further assessment, probation may be extended. A well-managed extension should not merely say “probation extended” without explaining what happens next.
| Extension Detail | What Employee Should Ask For |
|---|---|
| Reason | What performance, attendance, conduct or competency issue needs further assessment? |
| New End Date | How long is the extension and when will the next review occur? |
| Expected Improvement | What measurable targets or standards should be achieved? |
| Employment Terms | Does any notice, salary or benefit term change during the extension? |
| Final Review | Who decides confirmation and how will the decision be communicated? |
Can an Employee Be Terminated During Probation?
Probation does not guarantee employment until the stated probation end date. Employment can end during probation in accordance with the applicable termination provisions, contract terms and employment law.
For ordinary notice termination, check the written notice clause. For misconduct, different disciplinary provisions may apply. Probation should not be treated as permission to ignore statutory termination or wage-payment obligations.
Resignation During Probation
An employee can resign during probation. The first place to check is the written probation notice clause in the employment contract.
| Situation | Notice Position |
|---|---|
| Contract has a written probation notice clause | Follow the written contractual notice period, subject to applicable law. |
| Contract uses the same notice before and after confirmation | That written notice term generally governs both periods. |
| No written notice provision | Section 12 statutory fallback applies: at least 4 weeks for less than 2 years' service, 6 weeks for 2 to less than 5 years and 8 weeks for 5 years or more. |
| Employee wants to leave immediately | Notice may be waived / agreed, or section 13 notice indemnity may apply for the unserved notice period. |
Probation Employee vs Confirmed Employee
| Item | Probation Employee | Confirmed Employee |
|---|---|---|
| Employment Status | Employment under contractual assessment | Employer has completed the probation confirmation process |
| Statutory Rights | Applicable statutory rights still apply | Applicable statutory rights continue to apply |
| Notice Period | May use a probation-specific written clause | May use a different confirmed-employee written clause |
| Annual / Sick Leave | Statutory entitlement is not automatically removed by probation | Entitlement continues based on applicable service / contract terms |
| Salary | As agreed in offer / contract | Changes only if agreed, promised or revised |
| Benefits | Some contractual benefits may be limited during probation | Additional contractual benefits may begin after confirmation |
Common Probation Examples
Example 1: 3-Month Probation With 7-Day Written Notice
An employee's contract states three months' probation and seven days' notice during probation. The employee should follow that written notice term when resigning during the probation period, subject to applicable law.
Example 2: No Written Notice Clause
A new employee has worked for two months but the contract contains no written notice provision. The employee should not simply assume “one week because I am on probation”; the section 12 statutory fallback becomes relevant.
Example 3: Probation Extended
An employer extends a six-month probation period. The employee should ask for the reason, new review date and expected improvements in writing.
Example 4: Annual Leave During Probation
An employee is still on probation but has accrued statutory annual-leave entitlement through continuous service. The company may have an approval procedure for taking the leave, but probation itself should not be described as eliminating the statutory entitlement.
Common Probation Mistakes
- Thinking Malaysian law fixes every probation period at 3 or 6 months.
- Assuming probation employees have no statutory employment rights.
- Assuming annual leave and MC only begin after confirmation.
- Ignoring EPF, SOCSO, EIS or PCB because the employee is “not confirmed yet”.
- Assuming confirmation automatically comes with a salary increment.
- Assuming the expiry of the probation date automatically settles every confirmation term.
- Extending probation without documenting the new period and expectations.
- Assuming resignation notice during probation is always 24 hours or one week.
- Not checking the statutory 4 / 6 / 8-week fallback where no written notice term exists.
- Failing to keep offer letter, performance reviews, extension and confirmation records.
Probation Employee Checklist
- Read the probation clause before starting work.
- Confirm the probation start date, intended end date and review process.
- Check the written notice period during probation.
- Check salary, allowances and any benefit differences before confirmation.
- Do not assume statutory leave and payroll contributions are suspended during probation.
- Keep copies of performance feedback and review records.
- If probation is extended, ask for the reason, new end date and improvement targets in writing.
- If confirmed, keep the confirmation letter and any revised salary / notice terms.
- If resigning, calculate notice and final pay before submitting the resignation.
Sources & Verification
This guide was last verified in August 2026 against the current Employment Act 1955 and JTKSM guidance. The Act provides the underlying salary, leave and termination rights discussed here, while the specific probation duration itself is normally contractual.
JTKSM — Employment Act 1955: Sections 12, 13, 18, 60D, 60E & 60F
JTKSM — Employment Act 1955
JTKSM — Employment Act 1955 (Amendment) 2022 FAQ
Frequently Asked Questions
How long is a probation period in Malaysia?
There is no single general probation duration prescribed by the Employment Act. Three to six months is common contractual practice, but the actual probation period should be checked in the offer letter or employment contract.
Do probation employees have employment rights?
Yes. Probation employees remain employees, and applicable statutory rights do not simply disappear because confirmation has not yet occurred.
Can probation employees take annual leave?
Probation does not create a statutory exclusion from annual leave. Employers may have procedures governing when leave can be scheduled or approved, but statutory entitlement should still be respected.
Are probation employees entitled to MC?
Applicable statutory sick-leave entitlement can apply during probation. Employees should follow the medical-certification and notification requirements.
Are EPF, SOCSO and EIS required during probation?
Probation status alone is not an exemption. The relevant statutory contribution rules apply where the employee meets the scheme's coverage requirements.
Does salary automatically increase after confirmation?
No. A salary increase should be based on the offer letter, employment contract, confirmation letter or another agreed salary revision. Confirmation alone does not automatically guarantee an increment.
Can probation be extended?
It can be extended where the employment arrangement permits further assessment. The employer should communicate the extension period, reason and expectations clearly.
Can an employee be terminated during probation?
Employment can end during probation in accordance with the contract and applicable termination law. Probation does not remove statutory wage or termination requirements.
Can I resign during probation?
Yes. Check the written probation notice clause. If there is no written notice provision, the Employment Act's statutory notice fallback may apply.
What if my contract has no probation notice period?
If there is no written notice provision, section 12 provides at least 4 weeks for less than 2 years' service, 6 weeks for 2 to less than 5 years and 8 weeks for 5 years or more.
Am I automatically confirmed when the stated probation period ends?
Do not assume every contractual consequence automatically changes without checking the employer's confirmation process and the actual employment terms. If no decision is communicated, request written clarification from HR.