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Singapour - Conditions de forme / procédure du licenciement individuel


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Forme de la notification du licenciement au travailleur: écrite

Remarks:
  • Sec. 10 (5) EA.

Délai de préavis:
Remarks:
  • Notice periods are governed by the terms of the contract (sec. 10 (2) EA), and it is only in the absence of such a stipulation that the statutory notice periods apply.
    Sec. 10 (3) EA establishes statutory minimum notice periods as follows:
    - one day for less than 26 weeks' service;
    - one week for 26 weeks to less than two years' service;
    - two weeks for two to less than five years' service;
    - four weeks for five or more years' service.
    ______________________
    Notice of termination of contract
    10.—(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate the contract of service.
    (2) The length of such notice shall be the same for both employer and employee and shall be determined by any provision made for the notice in the terms of the contract of service, or, in the absence of such provision, shall be in accordance with subsection (3).
    (3) The notice to terminate the service of a person who is employed under a contract of service shall be not less than — (a) one day’s notice if he has been so employed for less than 26 weeks; (b) one week’s notice if he has been so employed for 26 weeks or more but less than 2 years; (c) 2 weeks’ notice if he has been so employed for 2 years or more but less than 5 years; and (d) 4 weeks’ notice if he has been so employed for 5 years or more.
    (4) This section shall not be taken to prevent either party from waiving his right to notice on any occasion.
    (5) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.

    Dismissal
    14 EA.—(1) An employer may after due inquiry dismiss without notice an employee employed by him on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service except that instead of dismissing an employee an employer may —
    (a) instantly down-grade the employee; or
    (b) instantly suspend him from work without payment of salary for a period not exceeding one week.
    (2) Notwithstanding subsection (1), where a relevant employee considers that he has been dismissed without just cause or excuse
    his employer, he may, within one month of the dismissal, make representations in writing to the Minister to be reinstated in his former employment.
    (2A) For the purposes of subsection (2), a relevant employee means —
    (a) an employee employed in a managerial or an executive position —
    (i) who is dismissed with notice; or
    (ii) who is dismissed without notice but receives payment of any salary in lieu of notice, after having served that employer for at least 12 months in any position (whether or not a managerial or an executive position);
    (b) an employee employed in a managerial or an executive position who is dismissed without notice and without salary in lieu of such notice; or
    (c) an employee not employed in a managerial or an executive position.
    (3) The Minister may, before making a decision on any such representations, by writing under his hand request the
    commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse.
    (4) If, after considering the report made by the Commissioner under subsection (3), the Minister is satisfied that the employee has been dismissed without just cause or excuse, he may, notwithstanding any rule of law or agreement to the contrary —
    (a) direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned
    had he not been dismissed by the employer; or (b) direct the employer to pay such amount of wages as compensation as may be determined by the Minister, and the employer shall comply with the direction of the Minister. (...)
    • ancienneté ≥ 6 mois
      • 1 semaine(s).
    • ancienneté ≥ 9 mois
      • 1 semaine(s).
    • ancienneté ≥ 2 ans
      • 2 semaine(s).
    • ancienneté ≥ 4 ans
      • 2 semaine(s).
    • ancienneté ≥ 5 ans
      • 4 semaine(s).
    • ancienneté ≥ 10 ans
      • 4 semaine(s).
    • ancienneté ≥ 20 ans
      • 4 semaine(s).

    Indemnité compensatrice de préavis: Oui

    Remarks:
    • Sec. 11 (1) EA.

    Notification à l'administration publique: Non

    Notification aux représentants des travailleurs: Non

    Autorisation de l'administration publique ou d'un organe judiciaire: Non

    Accord des représentants des travailleurs: Non

    + show references

    Forme de la notification du licenciement au travailleur: écrite

    Remarks:
    • Sec. 10 (5) EA.

    Délai de préavis:
    Remarks:
    • Notice periods are governed by the terms of the contract (sec. 10 (2) EA), and it is only in the absence of such a stipulation that the statutory notice periods apply.
      Sec. 10 (3) EA establishes statutory minimum notice periods as follows:
      - one day for less than 26 weeks' service;
      - one week for 26 weeks to less than two years' service;
      - two weeks for two to less than five years' service;
      - four weeks for five or more years' service.
      ______________________
      Notice of termination of contract
      10.—(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate the contract of service.
      (2) The length of such notice shall be the same for both employer and employee and shall be determined by any provision made for the notice in the terms of the contract of service, or, in the absence of such provision, shall be in accordance with subsection (3).
      (3) The notice to terminate the service of a person who is employed under a contract of service shall be not less than — (a) one day’s notice if he has been so employed for less than 26 weeks; (b) one week’s notice if he has been so employed for 26 weeks or more but less than 2 years; (c) 2 weeks’ notice if he has been so employed for 2 years or more but less than 5 years; and (d) 4 weeks’ notice if he has been so employed for 5 years or more.
      (4) This section shall not be taken to prevent either party from waiving his right to notice on any occasion.
      (5) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.

      Dismissal
      14 EA.—(1) An employer may after due inquiry dismiss without notice an employee employed by him on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service except that instead of dismissing an employee an employer may —
      (a) instantly down-grade the employee; or
      (b) instantly suspend him from work without payment of salary for a period not exceeding one week.
      (2) Notwithstanding subsection (1), where a relevant employee considers that he has been dismissed without just cause or excuse
      his employer, he may, within one month of the dismissal, make representations in writing to the Minister to be reinstated in his former employment.
      (2A) For the purposes of subsection (2), a relevant employee
      means —
      (a) an employee employed in a managerial or an executive position —
      (i) who is dismissed with notice; or
      (ii) who is dismissed without notice but receives payment of any salary in lieu of notice, after having served that employer for at least 12 months in any position (whether or not a managerial or an executive position);
      (b) an employee employed in a managerial or an executive
      position who is dismissed without notice and without salary in lieu of such notice; or
      (c) an employee not employed in a managerial or an executive position.
      (3) The Minister may, before making a decision on any such representations, by writing under his hand request the
      commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse.
      (4) If, after considering the report made by the Commissioner under subsection (3), the Minister is satisfied that the employee has been dismissed without just cause or excuse, he may, notwithstanding any rule of law or agreement to the contrary —
      (a) direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned
      had he not been dismissed by the employer; or (b) direct the employer to pay such amount of wages as compensation as may be determined by the Minister, and the employer shall comply with the direction of the Minister. (...)
      • ancienneté ≥ 6 mois
        • 1 semaine(s).
      • ancienneté ≥ 9 mois
        • 1 semaine(s).
      • ancienneté ≥ 2 ans
        • 2 semaine(s).
      • ancienneté ≥ 4 ans
        • 2 semaine(s).
      • ancienneté ≥ 5 ans
        • 4 semaine(s).
      • ancienneté ≥ 10 ans
        • 4 semaine(s).
      • ancienneté ≥ 20 ans
        • 4 semaine(s).

      Indemnité compensatrice de préavis: Oui

      Remarks:
      • Sec. 11 (1) EA.

      Notification à l'administration publique: Non

      Notification aux représentants des travailleurs: Non

      Autorisation de l'administration publique ou d'un organe judiciaire: Non

      Accord des représentants des travailleurs: Non

      + show references

      Forme de la notification du licenciement au travailleur: écrite

      Remarks:
      • Sec. 10 (5) EA.

      Délai de préavis:
      Remarks:
      • Notice periods are governed by the terms of the contract (sec. 10 (2) EA), and it is only in the absence of such a stipulation that the statutory notice periods apply.
        Sec. 10 (3) EA establishes statutory minimum notice periods as follows:
        - one day for less than 26 weeks' service;
        - one week for 26 weeks to less than two years' service;
        - two weeks for two to less than five years' service;
        - four weeks for five or more years' service.
        ______________________
        Notice of termination of contract
        10.—(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate the contract of service.
        (2) The length of such notice shall be the same for both employer and employee and shall be determined by any provision made for the notice in the terms of the contract of service, or, in the absence of such provision, shall be in accordance with subsection (3).
        (3) The notice to terminate the service of a person who is employed under a contract of service shall be not less than — (a) one day’s notice if he has been so employed for less than 26 weeks; (b) one week’s notice if he has been so employed for 26 weeks or more but less than 2 years; (c) 2 weeks’ notice if he has been so employed for 2 years or more but less than 5 years; and (d) 4 weeks’ notice if he has been so employed for 5 years or more.
        (4) This section shall not be taken to prevent either party from waiving his right to notice on any occasion.
        (5) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.

        Dismissal
        14 EA.—(1) An employer may after due inquiry dismiss without notice an employee employed by him on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service except that instead of dismissing an employee an employer may —
        (a) instantly down-grade the employee; or
        (b) instantly suspend him from work without payment of salary for a period not exceeding one week.
        (2) Notwithstanding subsection (1), where a relevant employee considers that he has been dismissed without just cause or excuse
        his employer, he may, within one month of the dismissal, make representations in writing to the Minister to be reinstated in his former employment.
        (2A) For the purposes of subsection (2), a relevant employee
        means —
        (a) an employee employed in a managerial or an executive position —
        (i) who is dismissed with notice; or
        (ii) who is dismissed without notice but receives payment of any salary in lieu of notice, after having served that employer for at least 12 months in any position (whether or not a managerial or an executive position);
        (b) an employee employed in a managerial or an executive
        position who is dismissed without notice and without salary in lieu of such notice; or
        (c) an employee not employed in a managerial or an executive position.
        (3) The Minister may, before making a decision on any such representations, by writing under his hand request the
        commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse.
        (4) If, after considering the report made by the Commissioner under subsection (3), the Minister is satisfied that the employee has been dismissed without just cause or excuse, he may, notwithstanding any rule of law or agreement to the contrary —
        (a) direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned
        had he not been dismissed by the employer; or (b) direct the employer to pay such amount of wages as compensation as may be determined by the Minister, and the employer shall comply with the direction of the Minister. (...)
        • ancienneté ≥ 6 mois
          • 1 semaine(s).
        • ancienneté ≥ 9 mois
          • 1 semaine(s).
        • ancienneté ≥ 2 ans
          • 2 semaine(s).
        • ancienneté ≥ 4 ans
          • 2 semaine(s).
        • ancienneté ≥ 5 ans
          • 4 semaine(s).
        • ancienneté ≥ 10 ans
          • 4 semaine(s).
        • ancienneté ≥ 20 ans
          • 4 semaine(s).

        Indemnité compensatrice de préavis: Oui

        Remarks:
        • Sec. 11 (1) EA.

        Notification à l'administration publique: Non

        Notification aux représentants des travailleurs: Non

        Autorisation de l'administration publique ou d'un organe judiciaire: Non

        Accord des représentants des travailleurs: Non

        + show references

        Forme de la notification du licenciement au travailleur: écrite

        Remarks:
        • Sec. 10 (5) EA.

        Délai de préavis:
        Remarks:
        • Notice periods are governed by the terms of the contract (sec. 10 (2) EA), and it is only in the absence of such a stipulation that the statutory notice periods apply.
          Sec. 10 (3) EA establishes statutory minimum notice periods as follows:
          - one day for less than 26 weeks' service;
          - one week for 26 weeks to less than two years' service;
          - two weeks for two to less than five years' service;
          - four weeks for five or more years' service.
          ______________________
          Notice of termination of contract
          10.—(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate the contract of service.
          (2) The length of such notice shall be the same for both employer and employee and shall be determined by any provision made for the notice in the terms of the contract of service, or, in the absence of such provision, shall be in accordance with subsection (3).
          (3) The notice to terminate the service of a person who is employed under a contract of service shall be not less than — (a) one day’s notice if he has been so employed for less than 26 weeks; (b) one week’s notice if he has been so employed for 26 weeks or more but less than 2 years; (c) 2 weeks’ notice if he has been so employed for 2 years or more but less than 5 years; and (d) 4 weeks’ notice if he has been so employed for 5 years or more.
          (4) This section shall not be taken to prevent either party from waiving his right to notice on any occasion.
          (5) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.

          Dismissal
          14 EA.—(1) An employer may after due inquiry dismiss without notice an employee employed by him on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service except that instead of dismissing an employee an employer may —
          (a) instantly down-grade the employee; or
          (b) instantly suspend him from work without payment of salary for a period not exceeding one week.
          (2) Notwithstanding subsection (1), where a relevant employee considers that he has been dismissed without just cause or excuse
          his employer, he may, within one month of the dismissal, make representations in writing to the Minister to be reinstated in his former employment.
          (2A) For the purposes of subsection (2), a relevant employee
          means —
          (a) an employee employed in a managerial or an executive position —
          (i) who is dismissed with notice; or
          (ii) who is dismissed without notice but receives payment of any salary in lieu of notice, after having served that employer for at least 12 months in any position (whether or not a managerial or an executive position);
          (b) an employee employed in a managerial or an executive
          position who is dismissed without notice and without salary in lieu of such notice; or
          (c) an employee not employed in a managerial or an executive position.
          (3) The Minister may, before making a decision on any such representations, by writing under his hand request the
          commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse.
          (4) If, after considering the report made by the Commissioner under subsection (3), the Minister is satisfied that the employee has been dismissed without just cause or excuse, he may, notwithstanding any rule of law or agreement to the contrary —
          (a) direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned
          had he not been dismissed by the employer; or (b) direct the employer to pay such amount of wages as compensation as may be determined by the Minister, and the employer shall comply with the direction of the Minister. (...)
          • ancienneté ≥ 6 mois
            • 1 semaine(s).
          • ancienneté ≥ 9 mois
            • 1 semaine(s).
          • ancienneté ≥ 2 ans
            • 2 semaine(s).
          • ancienneté ≥ 4 ans
            • 2 semaine(s).
          • ancienneté ≥ 5 ans
            • 4 semaine(s).
          • ancienneté ≥ 10 ans
            • 4 semaine(s).
          • ancienneté ≥ 20 ans
            • 4 semaine(s).

          Indemnité compensatrice de préavis: Oui

          Remarks:
          • Sec. 11 (1) EA.

          Notification à l'administration publique: Non

          Notification aux représentants des travailleurs: Non

          Autorisation de l'administration publique ou d'un organe judiciaire: Non

          Accord des représentants des travailleurs: Non

          + show references

          Forme de la notification du licenciement au travailleur: écrite

          Remarks:
          • Sec. 10 (5) EA.

          Délai de préavis:
          Remarks:
          • Notice periods are governed by the terms of the contract (sec. 10 (2) EA), and it is only in the absence of such a stipulation that the statutory notice periods apply.
            Sec. 10 (3) EA establishes statutory minimum notice periods as follows:
            - one day for less than 26 weeks' service;
            - one week for 26 weeks to less than two years' service;
            - two weeks for two to less than five years' service;
            - four weeks for five or more years' service.
            ______________________
            Notice of termination of contract
            10.—(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate the contract of service.
            (2) The length of such notice shall be the same for both employer and employee and shall be determined by any provision made for the notice in the terms of the contract of service, or, in the absence of such provision, shall be in accordance with subsection (3).
            (3) The notice to terminate the service of a person who is employed under a contract of service shall be not less than — (a) one day’s notice if he has been so employed for less than 26 weeks; (b) one week’s notice if he has been so employed for 26 weeks or more but less than 2 years; (c) 2 weeks’ notice if he has been so employed for 2 years or more but less than 5 years; and (d) 4 weeks’ notice if he has been so employed for 5 years or more.
            (4) This section shall not be taken to prevent either party from waiving his right to notice on any occasion.
            (5) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.

            Dismissal
            14 EA.—(1) An employer may after due inquiry dismiss without notice an employee employed by him on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service except that instead of dismissing an employee an employer may —
            (a) instantly down-grade the employee; or
            (b) instantly suspend him from work without payment of salary for a period not exceeding one week.
            (2) Notwithstanding subsection (1), where a relevant employee considers that he has been dismissed without just cause or excuse
            his employer, he may, within one month of the dismissal, make representations in writing to the Minister to be reinstated in his former employment.
            (2A) For the purposes of subsection (2), a relevant employee
            means —
            (a) an employee employed in a managerial or an executive position —
            (i) who is dismissed with notice; or
            (ii) who is dismissed without notice but receives payment of any salary in lieu of notice, after having served that employer for at least 12 months in any position (whether or not a managerial or an executive position);
            (b) an employee employed in a managerial or an executive
            position who is dismissed without notice and without salary in lieu of such notice; or
            (c) an employee not employed in a managerial or an executive position.
            (3) The Minister may, before making a decision on any such representations, by writing under his hand request the
            commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse.
            (4) If, after considering the report made by the Commissioner under subsection (3), the Minister is satisfied that the employee has been dismissed without just cause or excuse, he may, notwithstanding any rule of law or agreement to the contrary —
            (a) direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned
            had he not been dismissed by the employer; or (b) direct the employer to pay such amount of wages as compensation as may be determined by the Minister, and the employer shall comply with the direction of the Minister. (...)
            • ancienneté ≥ 6 mois
              • 1 semaine(s).
            • ancienneté ≥ 9 mois
              • 1 semaine(s).
            • ancienneté ≥ 2 ans
              • 2 semaine(s).
            • ancienneté ≥ 4 ans
              • 2 semaine(s).
            • ancienneté ≥ 5 ans
              • 4 semaine(s).
            • ancienneté ≥ 10 ans
              • 4 semaine(s).
            • ancienneté ≥ 20 ans
              • 4 semaine(s).

            Indemnité compensatrice de préavis: Oui

            Remarks:
            • Sec. 11 (1) EA.

            Notification à l'administration publique: Non

            Notification aux représentants des travailleurs: Non

            Autorisation de l'administration publique ou d'un organe judiciaire: Non

            Accord des représentants des travailleurs: Non

            + show references

            Forme de la notification du licenciement au travailleur: écrite

            Remarks:
            • Sec. 10 (5) EA.

            Délai de préavis:
            Remarks:
            • Notice periods are governed by the terms of the contract (sec. 10 (2) EA), and it is only in the absence of such a stipulation that the statutory notice periods apply.
              Sec. 10 (3) EA establishes statutory minimum notice periods as follows:
              - one day for less than 26 weeks' service;
              - one week for 26 weeks to less than two years' service;
              - two weeks for two to less than five years' service;
              - four weeks for five or more years' service.
              ______________________
              Notice of termination of contract
              10.—(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate the contract of service.
              (2) The length of such notice shall be the same for both employer and employee and shall be determined by any provision made for the notice in the terms of the contract of service, or, in the absence of such provision, shall be in accordance with subsection (3).
              (3) The notice to terminate the service of a person who is employed under a contract of service shall be not less than — (a) one day’s notice if he has been so employed for less than 26 weeks; (b) one week’s notice if he has been so employed for 26 weeks or more but less than 2 years; (c) 2 weeks’ notice if he has been so employed for 2 years or more but less than 5 years; and (d) 4 weeks’ notice if he has been so employed for 5 years or more.
              (4) This section shall not be taken to prevent either party from waiving his right to notice on any occasion.
              (5) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.

              Dismissal
              14 EA.—(1) An employer may after due inquiry dismiss without notice an employee employed by him on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service except that instead of dismissing an employee an employer may —
              (a) instantly down-grade the employee; or
              (b) instantly suspend him from work without payment of salary for a period not exceeding one week.
              (2) Notwithstanding subsection (1), where a relevant employee considers that he has been dismissed without just cause or excuse
              his employer, he may, within one month of the dismissal, make representations in writing to the Minister to be reinstated in his former employment.
              (2A) For the purposes of subsection (2), a relevant employee
              means —
              (a) an employee employed in a managerial or an executive position —
              (i) who is dismissed with notice; or
              (ii) who is dismissed without notice but receives payment of any salary in lieu of notice, after having served that employer for at least 12 months in any position (whether or not a managerial or an executive position);
              (b) an employee employed in a managerial or an executive
              position who is dismissed without notice and without salary in lieu of such notice; or
              (c) an employee not employed in a managerial or an executive position.
              (3) The Minister may, before making a decision on any such representations, by writing under his hand request the
              commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse.
              (4) If, after considering the report made by the Commissioner under subsection (3), the Minister is satisfied that the employee has been dismissed without just cause or excuse, he may, notwithstanding any rule of law or agreement to the contrary —
              (a) direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned
              had he not been dismissed by the employer; or (b) direct the employer to pay such amount of wages as compensation as may be determined by the Minister, and the employer shall comply with the direction of the Minister. (...)
              • ancienneté ≥ 6 mois
                • 1 semaine(s).
              • ancienneté ≥ 9 mois
                • 1 semaine(s).
              • ancienneté ≥ 2 ans
                • 2 semaine(s).
              • ancienneté ≥ 4 ans
                • 2 semaine(s).
              • ancienneté ≥ 5 ans
                • 4 semaine(s).
              • ancienneté ≥ 10 ans
                • 4 semaine(s).
              • ancienneté ≥ 20 ans
                • 4 semaine(s).

              Indemnité compensatrice de préavis: Oui

              Remarks:
              • Sec. 11 (1) EA.

              Notification à l'administration publique: Non

              Notification aux représentants des travailleurs: Non

              Autorisation de l'administration publique ou d'un organe judiciaire: Non

              Accord des représentants des travailleurs: Non

              + show references

              Forme de la notification du licenciement au travailleur: écrite

              Remarks:
              • Sec. 10 (5) EA.

              Délai de préavis:
              Remarks:
              • Notice periods are governed by the terms of the contract (sec. 10 (2) EA), and it is only in the absence of such a stipulation that the statutory notice periods apply.
                Sec. 10 (3) EA establishes statutory minimum notice periods as follows:
                - one day for less than 26 weeks' service;
                - one week for 26 weeks to less than two years' service;
                - two weeks for two to less than five years' service;
                - four weeks for five or more years' service.
                ______________________
                Notice of termination of contract
                10.—(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate the contract of service.
                (2) The length of such notice shall be the same for both employer and employee and shall be determined by any provision made for the notice in the terms of the contract of service, or, in the absence of such provision, shall be in accordance with subsection (3).
                (3) The notice to terminate the service of a person who is employed under a contract of service shall be not less than — (a) one day’s notice if he has been so employed for less than 26 weeks; (b) one week’s notice if he has been so employed for 26 weeks or more but less than 2 years; (c) 2 weeks’ notice if he has been so employed for 2 years or more but less than 5 years; and (d) 4 weeks’ notice if he has been so employed for 5 years or more.
                (4) This section shall not be taken to prevent either party from waiving his right to notice on any occasion.
                (5) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.

                Dismissal
                14 EA.—(1) An employer may after due inquiry dismiss without notice an employee employed by him on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service except that instead of dismissing an employee an employer may —
                (a) instantly down-grade the employee; or
                (b) instantly suspend him from work without payment of salary for a period not exceeding one week.
                (2) Notwithstanding subsection (1), where a relevant employee considers that he has been dismissed without just cause or excuse
                his employer, he may, within one month of the dismissal, make representations in writing to the Minister to be reinstated in his former employment.
                (2A) For the purposes of subsection (2), a relevant employee
                means —
                (a) an employee employed in a managerial or an executive position —
                (i) who is dismissed with notice; or
                (ii) who is dismissed without notice but receives payment of any salary in lieu of notice, after having served that employer for at least 12 months in any position (whether or not a managerial or an executive position);
                (b) an employee employed in a managerial or an executive
                position who is dismissed without notice and without salary in lieu of such notice; or
                (c) an employee not employed in a managerial or an executive position.
                (3) The Minister may, before making a decision on any such representations, by writing under his hand request the
                commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse.
                (4) If, after considering the report made by the Commissioner under subsection (3), the Minister is satisfied that the employee has been dismissed without just cause or excuse, he may, notwithstanding any rule of law or agreement to the contrary —
                (a) direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned
                had he not been dismissed by the employer; or (b) direct the employer to pay such amount of wages as compensation as may be determined by the Minister, and the employer shall comply with the direction of the Minister. (...)
                • ancienneté ≥ 6 mois
                  • 1 semaine(s).
                • ancienneté ≥ 9 mois
                  • 1 semaine(s).
                • ancienneté ≥ 2 ans
                  • 2 semaine(s).
                • ancienneté ≥ 4 ans
                  • 2 semaine(s).
                • ancienneté ≥ 5 ans
                  • 4 semaine(s).
                • ancienneté ≥ 10 ans
                  • 4 semaine(s).
                • ancienneté ≥ 20 ans
                  • 4 semaine(s).

                Indemnité compensatrice de préavis: Oui

                Remarks:
                • Sec. 11 (1) EA.

                Notification à l'administration publique: Non

                Notification aux représentants des travailleurs: Non

                Autorisation de l'administration publique ou d'un organe judiciaire: Non

                Accord des représentants des travailleurs: Non

                + show references

                Forme de la notification du licenciement au travailleur: écrite

                Remarks:
                • Sec. 10 (5) EA.

                Délai de préavis:
                Remarks:
                • Notice periods are governed by the terms of the contract (sec. 10 (2) EA), and it is only in the absence of such a stipulation that the statutory notice periods apply.
                  Sec. 10 (3) EA establishes statutory minimum notice periods as follows:
                  - one day for less than 26 weeks' service;
                  - one week for 26 weeks to less than two years' service;
                  - two weeks for two to less than five years' service;
                  - four weeks for five or more years' service.

                  • ancienneté ≥ 6 mois
                    • 1 semaine(s).
                  • ancienneté ≥ 9 mois
                    • 1 semaine(s).
                  • ancienneté ≥ 2 ans
                    • 2 semaine(s).
                  • ancienneté ≥ 4 ans
                    • 2 semaine(s).
                  • ancienneté ≥ 5 ans
                    • 4 semaine(s).
                  • ancienneté ≥ 10 ans
                    • 4 semaine(s).
                  • ancienneté ≥ 20 ans
                    • 4 semaine(s).

                  Indemnité compensatrice de préavis: Oui

                  Remarks:
                  • Sec. 11 (1) EA.

                  Notification à l'administration publique: Non

                  Notification aux représentants des travailleurs: Non

                  Autorisation de l'administration publique ou d'un organe judiciaire: Non

                  Accord des représentants des travailleurs: Non

                  + show references

                  Forme de la notification du licenciement au travailleur: écrite

                  Remarks:
                  • Sec. 10 (5) EA.

                  Délai de préavis:
                  Remarks:
                  • Notice periods are governed by the terms of the contract (sec. 10 (2) EA), and it is only in the absence of such a stipulation that the statutory notice periods apply.
                    Sec. 10 (3) EA establishes statutory minimum notice periods as follows:
                    - one day for less than 26 weeks' service;
                    - one week for 26 weeks to less than two years' service;
                    - two weeks for two to less than five years' service;
                    - four weeks for five or more years' service.

                    • ancienneté ≥ 6 mois
                      • 1 semaine(s).
                    • ancienneté ≥ 9 mois
                      • 1 semaine(s).
                    • ancienneté ≥ 2 ans
                      • 2 semaine(s).
                    • ancienneté ≥ 4 ans
                      • 2 semaine(s).
                    • ancienneté ≥ 5 ans
                      • 4 semaine(s).
                    • ancienneté ≥ 10 ans
                      • 4 semaine(s).
                    • ancienneté ≥ 20 ans
                      • 4 semaine(s).

                    Indemnité compensatrice de préavis: Oui

                    Remarks:
                    • Sec. 11 (1) EA.

                    Notification à l'administration publique: Non

                    Notification aux représentants des travailleurs: Non

                    Autorisation de l'administration publique ou d'un organe judiciaire: Non

                    Accord des représentants des travailleurs: Non

                    + show references

                    Forme de la notification du licenciement au travailleur: écrite

                    Remarks:
                    • Sec. 10 (5) EA.

                    Délai de préavis:
                    Remarks:
                    • Notice periods are governed by the terms of the contract (sec. 10 (2) EA), and it is only in the absence of such a stipulation that the statutory notice periods apply.
                      Sec. 10 (3) EA establishes statutory minimum notice periods as follows:
                      - one day for less than 26 weeks' service;
                      - one week for 26 weeks to less than two years' service;
                      - two weeks for two to less than five years' service;
                      - four weeks for five or more years' service.

                      • ancienneté ≥ 6 mois
                        • 1 semaine(s).
                      • ancienneté ≥ 9 mois
                        • 1 semaine(s).
                      • ancienneté ≥ 2 ans
                        • 2 semaine(s).
                      • ancienneté ≥ 4 ans
                        • 2 semaine(s).
                      • ancienneté ≥ 5 ans
                        • 4 semaine(s).
                      • ancienneté ≥ 10 ans
                        • 4 semaine(s).
                      • ancienneté ≥ 20 ans
                        • 4 semaine(s).

                      Indemnité compensatrice de préavis: Oui

                      Remarks:
                      • Sec. 11 (1) EA.

                      Notification à l'administration publique: Non

                      Notification aux représentants des travailleurs: Non

                      Autorisation de l'administration publique ou d'un organe judiciaire: Non

                      Accord des représentants des travailleurs: Non

                      + show references

                      Forme de la notification du licenciement au travailleur: écrite

                      Remarks:
                      • Sec. 10 (5) EA.

                      Délai de préavis:
                      Remarks:
                      • Notice periods are governed by the terms of the contract (sec. 10 (2) EA), and it is only in the absence of such a stipulation that the statutory notice periods apply.
                        Sec. 10 (3) EA establishes statutory minimum notice periods as follows:
                        - one day for less than 26 weeks¿ service;
                        - one week for 26 weeks to less than two years¿ service;
                        - two weeks for two to less than five years¿ service;
                        - four weeks for five or more years¿ service.

                        • ancienneté ≥ 6 mois
                          • 1 semaine(s).
                        • ancienneté ≥ 9 mois
                          • 1 semaine(s).
                        • ancienneté ≥ 2 ans
                          • 2 semaine(s).
                        • ancienneté ≥ 4 ans
                          • 2 semaine(s).
                        • ancienneté ≥ 5 ans
                          • 4 semaine(s).
                        • ancienneté ≥ 10 ans
                          • 4 semaine(s).
                        • ancienneté ≥ 20 ans
                          • 4 semaine(s).

                        Indemnité compensatrice de préavis: Oui

                        Remarks:
                        • Sec. 11 (1) EA.

                        Notification à l'administration publique: Non

                        Notification aux représentants des travailleurs: Non

                        Autorisation de l'administration publique ou d'un organe judiciaire: Non

                        Accord des représentants des travailleurs: Non