The answer, in most cases, is yes. Notice or salary in lieu of notice will be due unless the contract clearly provides that employment ends automatically when the probation period expires. In Nanyang Law LLC v Ghui Meng Yang [2026] SGHC 171, the General Division of the High Court held that a contract of service which stipulates a period of probation is not automatically a contract of service for a specified period of time (the specified period of time being the length of the probation period) to which section 9(1) of the Employment Act 1968 applies. The employee was therefore entitled to one month’s notice, or salary in lieu of notice, when he was told at the end of his probation period that he would not be retained.
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If you would like information and/or assistance on the above or any other area of law, you may wish to contact the Partner at WongPartnership whom you normally work with or any of the following Partners:
Jenny TSIN
Co-Head – Employment
Partner – Commercial & Corporate Disputes
d +65 6416 8110
e jenny.tsin@wongpartnership.com
Click here to view Jenny’s CV.
Vivien YUI
Co-Head – Employment
Partner – Mergers & Acquisitions
d +65 6416 8009
e vivien.yui@wongpartnership.com
Click here to view Vivien’s CV.
CHANG Qi-Yang
Partner – Employment and Commercial & Corporate Disputes
d +65 6517 3754
e qiyang.chang@wongpartnership.com
Click here to view Qi-Yang’s CV.
LIM Jia Ying
Partner – Employment and Mergers & Acquisitions
d +65 6416 8247
e jiaying.lim@wongpartnership.com
Click here to view Jia Ying’s CV.
HO Wei Jie
Partner – Employment and Commercial & Corporate Disputes
d +65 6517 3780
e weijie.ho@wongpartnership.com
Click here to view Wei Jie’s CV.
ONG Pei Chin
Partner – Commercial & Corporate Disputes
d +65 6416 8103
e peichin.ong@wongpartnership.com
Click here to view Pei Chin’s CV.