What does the Employment Act say in terms of severance pay. I got a friend who after 9 years of service to an Asian Company,
got a better job but she was only paid her leave days only. What are her legal options on this matter ?
it not more so about the employment act
what your friend needs to look at is her employment contract, specifically what does it say under the “TERMINATION WITHOUT CAUSE” clause? and also the terms of employment (permanent, contractual, permanent and pensionable? ) then we can be able to help out
she was employed on a permanent basis and her contract is silent on if terminal dues are payable on resignation
ouch, standard loop hole in contracts which employers use to protect themselves and unfortunately comes back to bite alot of people because no one reads what they are signing off on, in this case the employer falls back on the employment act and it states that if an employee gives a notice of termination, the employer does not pay anything apart from leave due unless it had been stated otherwise in the employment contract.
the employer is only liable to pay if they are the ones terminating the contract
the law is an ass :D:D
If she left the employment through redundancy or unfair dismissal she is entitled to the severance package whether explicitly stated on the contract or not.
However if its by consensus she’s only entitled to pension package (if applicable) plus or any other in lieu of notice.
I thought severance is paid if one is terminated by the employer or at the end of contract if its not up for renewal. In this case it is the employee that has terminated the contract/resigned thus not eligible for severance, and he has given the required notice period is entitled to compensated for all days worked including leave days. Though I could be wrong on this
so the best option is give the employer a reason to fire you
I thought severance is paid if one is terminated by the employer or at the end of contract if not up for renewal. In this case it is the employee that has terminated the contract/resigned thus not eligible for severance, and he has given the required notice period is entitled to compensated for all days worked including leave days. Though I could be wrong on this
Getting fired messes your credibility and references… just for a small token of less than 10% of your salary for every year worked!
nope, if you do that you also lose everything because your job will have been “TERMINATED WITH CAUSE” read a clause by the same name in the contract.
best thing is to ensure that the “TERMINATION WITHOUT CAUSE” is favorable before you sign.
Can a letter from a lawyer maybe get them to reconsider ?
no, waste of time, when you said that the contact is silent on the terms of termination without cause, thats a very loud way of saying ‘revert to the employment act’ which in itself says she is not entitled to anything other than what she got
pole sana
Ile karatasi alisign akiingia huko has the details
Before you start considering the severance pay, please answer this question:-
Job iliisha aje? Aliambiwa aende home, alipewa “termination notice” ama nini?
The lady got a better paying job and she resigned