Terminating an employee's employment must be done in a fair manner. To be fair, the employer must demonstrate to the Labour Tribunal that the termination was necessary due to the employee's capability or qualifications for the job; the employee's conduct; redundancy; or the fact that the employment could not continue without violating another ordinance's duty or restriction.
If the employer satisfies this criteria, the Tribunal will determine whether a dismissal is fair or unfair based on whether the employer's reason for dismissal is deemed to be substantial grounds for dismissal in the circumstances.
Unless the employee is dismissed for grave misbehavior (for example, excessive insubordination or dishonesty) and it would be unfair to force the employer to continue the employment relationship, the employee must be given notice of termination.
Unless otherwise specified in a contract, fired employees have no further duties to the employer when they leave.
The following are the minimum notice requirements in writing. The notice period is one working day for employees employed for less than one month. The notice period is two weeks for employees employed for less than a month but more than a year. The notice period is one month for employees who have been employed for one to five years. The notice period is two months for employees who have been employed for more than five years.
Severance pay shall be two weeks' basic wage (calculated using the most recent basic wage) for each year of service, and pro-rata for each incomplete year.
A new employee may be required to serve a three-month probationary period, which may be extended for shorter periods of time agreed upon by the employer and employee, but not to exceed six months in total. Employers or employees may terminate an employee's employment at any time and without notice during the probationary period.