notice of termination Flashcards
employed for less than 2 years
4 weeks notice
more than 2 years but less than 5 years
6 weeks notice
more than 5 years
8 weeks notice
provisions in employment act relating to notice of termination
- employer can decide on the notice period required and have this agreed to in the contract of employment.
- section 12 provides the length of notice period if the contract is silent.
section 13
terminate without notice, pays the other party the indemnity
what is indemnity
sum of money equivalent to the amount of wages which would have been earned during the notice period.
is employer has the right to disallow the employee from working during the notice period and pay him indemnity?
yes, because the employee might leaving to join competitor and use that notice period to collect information.
what employee can do if he is not been given proper notice nor he is paid indemnity?
he can file complaint to the Labour Office to claim indemnity but he cannot also make claim at Industrial Relations Department on the ground that he has been dismissed without just cause and excuses.