+ show references
- Employment Act [EA], Act No. 6 of 2006
Date: 24 May 2006 (voir dans NATLEX
»)
- The Labour Disputes (Arbitration and Settlement) Act [LDA], Act No. 8 of 2006
Date: 24 May 2006 (voir dans NATLEX
»)
- The Employment Regulations, 2011, Statutory Instrument No. 61 of 2011
Date: 28 Apr 2011 (voir dans NATLEX
»)
Notes / Remarques
The amount of severance pay is subject to negotiation between the employer and the workers or the trade union that represents them (art. 89 EA)
Severance pay is due in the following circumstances (art. 87 EA):
- unfair dismissal of the employee by the employer
- death of the employee at work not attributable to any misconduct of the employee
- termination by the employee due to physical incapacity not attributable to any misconduct of the employee
- termination by reason of the death or insolvency of the employer;
- termination by a labour officer following the inability or the refusal of the employer to pay wages
- other cases as provided by the Minister.
The law also lists circumstances where severance pay is not due (i.e summary dismissal) (art. 88 EA)
It seems that, in the event of ordinary fair dismissal (including collective dismissals for economic reasons), the dismissed employee is not entitled to severance pay.
+ show references
- Employment Act [EA], Act No. 6 of 2006
Date: 24 May 2006 (voir dans NATLEX
»)
- The Labour Disputes (Arbitration and Settlement) Act [LDA], Act No. 8 of 2006
Date: 24 May 2006 (voir dans NATLEX
»)
- The Employment Regulations, 2011, Statutory Instrument No. 61 of 2011
Date: 28 Apr 2011 (voir dans NATLEX
»)
Notes / Remarques
The amount of severance pay is subject to negotiation between the employer and the workers or the trade union that represents them (art. 89 EA)
Severance pay is due in the following circumstances (art. 87 EA):
- unfair dismissal of the employee by the employer
- death of the employee at work not attributable to any misconduct of the employee
- termination by the employee due to physical incapacity not attributable to any misconduct of the employee
- termination by reason of the death or insolvency of the employer;
- termination by a labour officer following the inability or the refusal of the employer to pay wages
- other cases as provided by the Minister.
The law also lists circumstances where severance pay is not due (i.e summary dismissal) (art. 88 EA)
It seems that, in the event of ordinary fair dismissal (including collective dismissals for economic reasons), the dismissed employee is not entitled to severance pay.
+ show references
- Employment Act [EA], Act No. 6 of 2006
Date: 24 May 2006 (voir dans NATLEX
»)
- The Labour Disputes (Arbitration and Settlement) Act [LDA], Act No. 8 of 2006
Date: 24 May 2006 (voir dans NATLEX
»)
Notes / Remarques
The amount of severance pay is subject to negotiation between the employer and the workers or the trade union that represents them (art. 89 EA)
Severance pay is due in the following circumstances (art. 87 EA):
- unfair dismissal of the employee by the employer
- death of the employee at work not attributable to any misconduct of the employee
- termination by the employee due to physical incapacity not attributable to any misconduct of the employee
- termination by reason of the death or insolvency of the employer;
- termination by a labour officer following the inability or the refusal of the employer to pay wages
- other cases as provided by the Minister.
The law also lists circumstances where severance pay is not due (i.e summary dismissal) (art. 88 EA)
It seems that, in the event of ordinary fair dismissal (including collective dismissals for economic reasons), the dismissed employee is not entitled to severance pay.
+ show references
- Employment Act [EA], Act No. 6 of 2006
Date: 24 May 2006 (voir dans NATLEX
»)
- The Labour Disputes (Arbitration and Settlement) Act [LDA], Act No. 8 of 2006
Date: 24 May 2006 (voir dans NATLEX
»)
Notes / Remarques
The amount of severance pay is subject to negotiation between the employer and the workers or the trade union that represents them (art. 89 EA)
Severance pay is due in the following circumstances (art. 87 EA):
- unfair dismissal of the employee by the employer
- death of the employee at work not attributable to any misconduct of the employee
- termination by the employee due to physical incapacity not attributable to any misconduct of the employee
- termination by reason of the death or insolvency of the employer;
- termination by a labour officer following the inability or the refusal of the employer to pay wages
- other cases as provided by the Minister.
The law also lists circumstances where severance pay is not due (i.e summary dismissal) (art. 88 EA)
It seems that, in the event of ordinary fair dismissal (including collective dismissals for economic reasons), the dismissed employee is not entitled to severance pay.