Employment rights during probation in Singapore: 7 common misconceptions explained

• Employees on probation in Singapore are protected by the Employment Act and the terms of their employment contract.

• A probation period does not automatically mean employment ends when probation expires; this depends on the wording of the employment contract.

• Employees can be terminated during probation, but the required notice period or salary in lieu of notice must apply where relevant.

• Paid sick leave and statutory annual leave are tied to length of service, not whether an employee has been confirmed.

• Employers can change probation terms only with the employee’s consent. Statutory entitlements based on length of service still apply even if probation is extended.

Can’t take “MC” during probation. Probation can be extended. No final salary if not confirmed. Are you hearing these things in the early days on the job? Some of them are true, but some aren’t.

Main thing to know is: Being on probation does not mean you have less employment rights than your confirmed colleagues.

We help to clear the air on seven common misconceptions, plus provide tips on navigating the new workplace with greater confidence.

1. Probation is a fixed-term contract

Not true, your probation period is not a fixed-term contract.

The Ministry of Manpower (MOM) treats probation as a contractual period at the start of employment where the employer assesses an employee’s suitability for continued employment. It is different from a fixed-term contract, an employment agreement that lasts for a specific period or until a defined event happens. Examples of fixed-term contracts include an employee hired for maternity cover or to complete a six-month project.

Following NTUC’s recent advocacy on employees’ probationary rights, the Ministry of Manpower (MOM) has clarified that an employment contract containing a probation period is not automatically a fixed-term contract that expires when probation ends.

Whether the employment automatically expires or continues depends on the actual wording of the contract, MOM added.

The clarification follows NTUC Labour MP Melvin Yong’s call to the Government during a Parliamentary session on 9 September 2026 to review the Employment Act (EA) to provide clarity on notice requirements for employees whose employment is terminated at the end of probation.

Mr Yong was referring to an August 2026 High Court ruling, which rejected a company’s argument that an employee’s probation period should be treated as a fixed-term period of employment.

So, what if your employer says your job ends with your probation?

First, check your employment contract to see what it says about your notice period. MOM’s guidance is to follow the notice period stated in the contract.

If nothing is indicated in the contract, the following notice periods apply for both employer and employee under the law.

So, if you have served the company for three months and your contract says nothing about notice, the minimum one-day notice applies.

2. You can be sacked during probation

Unfortunately, this is true. Probation doesn’t stop you from losing your job, but there are protections to help you move on less painfully.

MOM is clear that either an employer or employee can terminate the employment during the probation period by giving the required written notice, or by compensating salary in lieu of notice, where applicable.

Again, you may want to refer to your employment contract to check your termination conditions.

Notice period

MOM says that if the contract does not provide a different notice period for employees on probation, then the minimum notice period is one day under the EA.

Salary compensation

The Government adds that if the contract provides one week’s notice during probation, an employee terminated during probation would be entitled to one week’s salary in lieu of notice.

3. Your employer can fail your probation for any reason

Not true, there must be evidence to support your termination, according to NTUC Assistant Secretary-General Patrick Tay, who is also the director of NTUC’s legal department.

In a Facebook post on 5 August 2026, he urged employers to clearly explain to employees what is expected of them at the start of employment, document the specific reasoning for the decision, and assess whether a mistake is serious enough to warrant a termination.

Mr Tay, who is also a Labour MP, was alluding to a recent Employment Claims Tribunal (ECT) ruling, which awarded an employee $30,000 compensation after she was dismissed in a “sudden and unjustified” manner at the end of her six-month probation. The tribunal found that the employer had not provided sufficient justification that the employee had failed probation.

While it serves to protect workers’ rights in a wrongful termination, the ECT ruling does not remove an employer’s right to dismiss an employee. According to MOM, employers can still dismiss an employee based on valid reasons such as poor performance, misconduct or redundancy.

However, if your termination raised some red flags, read more about the steps you can take to navigate a wrongful dismissal.

4. You won’t receive your final salary if you’re not confirmed

Not true. You don’t lose your employment rights if you fail probation, so don’t believe everything you hear.

Where the employer terminates the contract, MOM says final salary should be paid on the employee’s last day of employment or within three working days from termination.

However, things are different if you choose to resign before probation ends.

The Government confirms this: If an employee resigns and serves notice, final salary should normally be paid on the last day. But should the employee tender without serving notice, it must be paid within seven days after the last day.

5. You can’t take “MC” during probation

“You can’t take MC until you have been confirmed” is something you’ve probably heard in the workplace, especially during your probation. Thankfully, it’s not true.

MOM clarifies that you can take medical leave during the first three months of employment, but it may have to be unpaid leave — unless your employer is willing to pay for it.

MOM confirms that sick leave entitlement is tied to your length of service, not probation.

Therefore, you can take paid medical leave after three months’ service, even if the company’s probation period is six months. Thereafter, the leave progressively increases according to length of service, with the full entitlement reached after six months.

6. You can’t take annual leave while on probation

You’ve probably heard this mentioned around the workplace, too. But in this case, it may be true.

Whether you can take annual leave in the first three months of service depends on your employment contract or company policy. So, check your contract to see if there are provisions for annual leave in advance, unpaid leave, or other arrangements.

Like medical leave , MOM indicates that annual leave is also based on length of service, not probation.

What this means for you: You can take statutory paid annual leave once you have completed three months of service. In the first year, you can take seven days, with the leave pro-rated according to completed months of service stated in your contract, where applicable.

7. Your probation can be extended if you don’t do well

Yes, this is true. MOM says an employer can change the probation terms in the employment contract with the employee’s consent. These terms, which must include the probation and notice periods, should be negotiated and agreed between both parties.

For instance, your employer could choose to extend the probation period from, say, three months to six months, depending on the original contract wording and the circumstances.

What you must know: Your employer cannot change the legal entitlements based on length of service. Therefore, if you have completed three months of service, you qualify for statutory annual leave and sick leave even if probation is extended.

Where to seek help if there is a dispute

It may be easier to think of probation as a trial period for both you and your employer to see if the job is a good fit. However, probation shouldn’t take away your basic employment rights, so seek help if you need it.

If you’re an NTUC union member facing issues involving salary claims, contractual terms, and dismissal, we strongly recommend that you approach your union for assistance.

In addition to sharing advice on the next steps, your union will also be by your side during the proceedings to lend further guidance and emotional support. Unions can also provide any other employment-related support you may need at the time, including help to find a job or enhance your employability.

NTUC union members can also book a one-to-one consultation with an NTUC officer via NTUC Workplace Advisory Service or get a 20-minute free legal consultation from a volunteer lawyer by contacting lawworks@ntuc.org.sg. You can also seek advice from a panel of cost-effective law firms under the NTUC Legal Assistance Panel.

Otherwise, non-NTUC members can seek help at the Tripartite Alliance for Dispute Management (TADM) before proceeding to the Employment Claims Tribunals, if necessary.

But you’ll have to act fast. A wrongful dismissal claim should be filed within one month from the last day of service, while a salary dispute claim must be within six months.

Become an NTUC union member today and get timely support to navigate your probation confidently.