Depending on your type of contract and how long you have been working for your employer, there’s a notice period for the termination of employment, that must be observed no matter which party (you or the employer) wants to terminate your employment position. In case you’re still going through the 1-month initial probationary period, notification must be made a week in advance. For indefinite contracts beginning after the probationary period, the notice period will grow in proportion to your time in that employment position:
1st month of employment: no notice is required.
From 1 to 6 months of employment: a one week notice is required.
From 6 to 24 months of employment: a two week notice.
From 2 up to 4 years of employment: a four week notice.
From 4 to 7 years of employment: an eight week notice.
From 8 to 9 years of employment: a ten week notice.
From 9 to 10 years of employment: an eleven week notice.
Over 10 years of employment: a twelve week notice.
In special cases involving technical or administrative roles, as well as executive and management positions, it’s possible to have a mutual agreement between both parties to specify a longer notification period. In such a situation, the agreed notification period is final and can’t be further increased.
Termination guidelines and notice period
When the work contract is terminated by the employer:
In case the employee wishes to stop working immediately after receiving a contract termination notice from his employer, the employer will have to pay an amount corresponding to half what the employee would earn during the period of notice.
If the employer does not wish to allow the worker to keep working through the notification period, they will have to pay the same amount the employee would earn during that period.
When the work contract is terminated by the employee:
If the employee makes the termination notice but decides not to work during the notice period, he will have to pay an amount to his employer corresponding to half what he would earn during the notification period.
If the employee wants to keep working through the notification period but is prevented from doing so by the employer, the employer will regardless have to pay the full amount he would pay during the notice period.
What happens when the employee fails to give notice?
Should the employee fail to give the expected notice of his intention to stop working, they must compensate the employer by paying half the amount of what they would earn during the notification period. The only exception to this rule if the work contract has not been active for a month yet, or in case there is a disciplinary action or other justifiable cause.
Terminating fixed term contracts:
When it comes to a fixed term contract, the position can be terminated during the initial probation period without need to specify any reasons. However, if the position has been fully active for over a month, a notice period of one week must be observed by the party looking to terminate the contract
Once the probation period is over, either party who wants to terminate a fixed contract without a valid reason will be expected to compensate the other party; the amount to pay will equal half the amount of wages corresponding to the full contract period.
In case of redundancy of an employee working under a fixed term contract, the same rules apply as for employees working under an indefinite contract. In this case, the employee who is made redundant will have to be compensated by the employer, who will have to pay half of the amount the employee would earn during his contract.
Entitlements applicable in employment termination
Employers must provide certificate of termination
For effective work contracts where the position has been active for more than one month, the employee is entitled to request a certificate from his employer outlining the employment period and the type of work rendered, as well as the wage rate and the reasons that caused to contract to be terminated. In case the work position was terminated during the probation period, the employer won’t have to point out his reasons for terminating the employment position.
Special terms applicable to unreasonable termination and redundancies
In case an employee had been dismissed for being redundant, the employer is required by law to notify that previous employee in case the same position becomes available in the one year period after the dismissal. Should the employer fail to comply with this law, the previous employee has a four month period during which they may take the matter to the Industrial Tribunal.
The same four month period for filing a complaint applies in case an employee feels they have been dismissed for unfair reasons.
Understanding how outstanding dues are settled:
Additionally to the compensations the employee may be entitled to in case of termination notice breaches, they will have the right a proportional amount of their entitlements for the same period. In case the employee was dismissed, they will be entitled to being compensated for all pending wages as well as any overtime payments and bonuses, along with the notice money and other monetary settlements as applicable.
In case there are unpaid wages, the owed amount must be paid up to one day after the employment position is terminated. Should the employer fail doing so, it will be up to the employee to claim their rights; if the owed payment is refused, the employee should file a complaint with the Department of Industrial and Employment Relations.
All employers are expected to properly notify Jobsplus regarding the termination of any work position; this should be done by submitting the official termination form.
All termination forms will be adequately acknowledged by Jobsplus within a period of up to 15 days after the form has been submitted.
