How are probation periods handled?
Last updated: May 22, 2026
A probation period is a standard feature of most Malaysian employment contracts and allows both parties to assess the employment relationship before it becomes permanent. Under MalayHire's standard contracts:
- Duration — agreed with the client before the contract is issued
- Confirmation — at the end of the probation period, the employee is confirmed in their role unless the employer has notified them of non-confirmation
- Extension — probation can be extended by mutual agreement if performance concerns arise during the period
- Termination during probation — either party may terminate with shorter notice than the post-confirmation notice period, as specified in the contract
It is important to note that Malaysian courts have ruled that employees on probation are still entitled to basic Employment Act protections, including the right not to be dismissed without just cause. MalayHire will advise you on the correct process if you need to end an employment during or at the end of a probation period.