termination of employment

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The law requires employers to give advance notice of any termination plans to both the employees and the relevant government authorities. Employees who are terminated without proper notice or compensation are entitled to file a claim with the labour court.

In terms of our labour legislation, an employer cannot just dismiss you without a fair disciplinary hearing. Generally, employees can be dismissed for one of three reasons, namely misconduct, incapacity and operational requirements.

Employees who believe they have been unjustly terminated without notice may seek legal recourse through labor courts or industrial tribunals.

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One month's salary must be paid to employees who have worked for a year or more. For mass termination in protected sectors, three months of wages must be offered to employees.

• The Payment of Gratuity Act entitles employees to gratuity payment after five years of continuous service.
• The Industrial Disputes Act of 1972, also states that retrenched (involuntarily dismissed) workmen must be given 15 days of severance pay for each year of service that they have completed.

An employee who has been dismissed has a legal right to appeal to their jurisdictional authority. The employee could appeal to a court for one of the following reasons:

• The employer has terminated an employee without stating a specific reason;
• The employee has not been proven to be guilty of misconduct and pleads innocence; or
• The employee feels that their dismissal was based on unfair grounds.

When an employee seeks redressal of any of the following grievances, they must first establish a case and seek the approval of their local labor authorities. Once the approval is granted, the case may be overseen by jurisdictional conciliation officers, industrial tribunals, or labor courts.