An agreement (Contract of employment) comes to an end on the last day agreed upon (for contracts of a determinate period), except for agreements exceeding 24 months for jobs of a permanent nature.
The employer may also terminate the agreement or the other way around, the worker may decide to resign from his position.
Employer cannot terminate a contract of employment in the basis
An Employer does not have the right to terminate a contract of employment in the basis of below:
- A worker’s race, colour, caste, national extraction, social origin, pregnancy, religion, political opinion, sex, sexual orientation, HIV status, marital status or family responsibilities
- A worker’s absence from work during maternity leave;
- A worker’s temporary absence from work because of injury or sickness duly notified to the employer and certified by a medical practitioner
- A worker becoming or being a member of a trade union, seeking or holding trade union office, or participating in trade union activities outside working hours or, with the consent of the employer, within working hours;
- The worker’s filing in good faith of a complaint, or participating in proceedings against an employer involving alleged breach of any terms and conditions of employment
Employee labour rights
- When the employer decides to terminate the agreement.
When notifying a worker of the termination of his employment, the employer needs to state the reason of such termination. This notice may be verbal or written and shall be of 30 days.
The employer can also pay to the employer the amount of remuneration the latter would have earned, during the period of notice of 30 days.
- When there is a Reduction of Workforce and/or Closing down of the company
When an employer reduces his workforce or closes down his enterprise, he and the worker may agree on the payment of compensation by way of a settlement.
When there has not been any settlement for payment of compensation, a worker, may join the Workfare Programme within 7 days or register a complaint with the Permanent Secretary (Labour Office) within 14 days after the termination of his employment.
- Upon Retirement
The employee is entitled to a compensation upon retirement when:
- He has been in continuous employment for a period of 12 months or more and retires voluntarily; on or after attaining the age of 65
- He has been in continuous employment with the same employer for a minimum of 10 years, retires before the age of 60 because of permanent incapacity to perform his work and such incapacity is duly certified by a government medical practitioner; or
- Attaining the retirement age, retires at the request of the employer.
- He decides to stay in continuous employment after retirement and may negotiate with the employer and agree on an advance payment of the total gratuity payable at the retirement age.
The Certificate of employment
The employer needs to provide a worker, whose employment has been terminated, or who has resigned from his employment with a certificate of employment within 7 days of the termination of his employment.
