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Employment & HR

Terminating employment lawfully

Thirty to ninety days' notice, a valid reason, and a final settlement within the statutory period. Summary dismissal without notice is available only on a short and specific list of grounds.

30–90 days noticeValid reason required14 days to settle

The entitlement

What the law gives, regardless of contract.

Either party may terminate a contract by giving written notice of between thirty and ninety days, as specified in the contract, and the employee remains entitled to full pay during it. The employer must have a valid reason connected with the work. Summary dismissal without notice is available only on the specific statutory grounds — which include assuming a false identity, causing substantial material loss deliberately, breaching safety instructions, unexplained absence for defined periods, disclosure of workplace secrets, and conviction of certain offences.

Two provisions deserve particular attention. Arbitrary dismissal — termination for a reason unconnected with the work, most notably because the employee filed a legitimate complaint against the employer — entitles the employee to compensation in addition to their normal entitlements. And the final settlement, comprising notice pay where applicable, accrued untaken leave, gratuity and any outstanding wages, must be paid within the statutory period after termination. Late settlement is a breach in its own right and is one of the most common complaints reaching MOHRE, quite separately from any dispute about the dismissal itself.

The numbers

Notice
30–90 days, as specified in the contract, with full pay
Reason
Must be valid and connected with the work
Summary dismissal
Only on the specific statutory grounds
Arbitrary dismissal
Attracts compensation on top of normal entitlements
Final settlement
Notice pay, untaken leave, gratuity, outstanding wages
Settlement deadline
Within the statutory period — late payment is a breach

What it costs

Notice period30–90 daysAs specified in the contract, worked and paid in full.
Valid reasonRequiredConnected with the work. Otherwise it is arbitrary dismissal, which attracts compensation.
Summary dismissalRestrictedAvailable only on the specific statutory grounds, which are exhaustive.
Notice is paid in full. Arbitrary dismissal — a reason unconnected with the work — attracts compensation on top.

In practice

How this is actually administered.

  1. Establish a valid, work-related reasonAnd document it contemporaneously. Reasons constructed after the decision read as constructed after the decision.
  2. Give written notice of the contractual periodBetween thirty and ninety days. Payment in lieu is possible where the contract permits.
  3. Do not use summary dismissal looselyThe grounds are specific and exhaustive. Misusing them converts a lawful termination into an unlawful one.
  4. Calculate the final settlement fullyNotice, accrued leave, gratuity, outstanding wages and any contractual entitlements.
  5. Pay within the statutory period and cancel the visaLate settlement is a separate breach, and an uncancelled visa is a separate problem again.
The mistake people make. Filing an absconding report instead of managing a termination. It is used as leverage, it is contestable, and where the employee was actually present and working it damages the employer's position on everything else in the dispute.

Related

Questions

Between thirty and ninety days as specified in the contract, with full pay during the notice period.

Only on the specific statutory grounds for summary dismissal. Outside them, notice or payment in lieu is required.

Termination for a reason unconnected with the work — including because the employee filed a legitimate complaint. It attracts compensation.

Within the statutory period after termination. Late payment is a breach and a common MOHRE complaint.

One question

How many people are on the payroll?