• Willful or deliberate behavior by the employee that is inconsistent with the continuation of the contract of employment
• Conduct that causes a serious and imminent risk to a person’s health or safety, or the reputation, viability, or profitability of the employer’s business.

Examples include: 

• Performance issues that persist after having been given the opportunity to improve
• Attendance issues
• Stealing company money or property
• Misconduct, including any form of material violation of provisions in the employment agreement, policy, or applicable law
• Falsifying records
• Harassment
• Violence

How much notice must be given?

Although a notice of termination is not legally required and the employee can be immediately terminated, it is recommended that a notice be served to the employee as a written confirmation of the termination of employment.

How is a notice for termination with cause delivered?

The notice of termination may be delivered personally to the employee, left at the employee’s last known address, sent by pre-paid post to the employee’s last known address, or (if the employee agrees) sent by email.

Is severance required?

No severance is owed to employees who are terminated with cause in Australia.

What is the term for final payment?

Within seven days after the termination of the employment agreement.

• There is a reorganization within the business
• The duties done by a particular employee are reallocated among other employees
• The tasks performed by the employee are automated
• The employer becomes insolvent

How much notice is required?

Employees who are engaged for a specific period of time or to accomplish a specific task or objective after which their employment ceases are not entitled to notice, regardless of their length of service.

The notice period for all other employees depends on their years of continuous service:

• 1 year or less: 1 week
• 3 years or less: 2 weeks
• 5 years or less: 3 weeks
• Over five years: 4 weeks

Employees 45 years of age or older that have complicated at least 2 years of continuous services are entitled to an additional 1 weeks notice.

Payment in lieu of notice is permitted.

How is notice delivered?

Notice may be delivered personally to the employee, left at the employee’s last known address, sent by pre-paid post to the employee’s last known address or, if agreed to by the employee, sent by email.

Important: If 15 or more employees will be terminated for redundancy, employers need to give written notification to Services Australia of the proposed dismissals.

Is severance required?

Severance depends on the employee’s years of service, subject to any applicable modern award.

Employees who are engaged for a specific period of time or to accomplish a specific task or objective after which their employment ceases are entitled to severance in the amount of the remaining term of the contract.

• Less than one year: no severance
• 1 year: 4 weeks
• 2 years: 6 weeks
• 3 years: 7 weeks
• 4 years: 8 weeks
• 5 years: 10 weeks
• 6 years: 11 weeks
• 7 years: 13 weeks
• 8 years: 14 weeks
• 9 years: 16 weeks
• Employees with at least 10 years of service are entitled to 12 weeks of pay as the employee also qualifies for the full benefit of long service leave, which is a  period of paid leave granted to an employee after working for the employer for a specific period.

Important: employees accrue vacation and statutory leave during the notice period and will be paid in respect of any accrued but unused statutory annual leave.

What is the term for payment of severance or final payment to the employee?

Within seven days after the termination of the employment agreement.

How much notice is required?

The notice period is stated in the employment agreement. 

How is a notice of resignation delivered?

The letter of resignation must be signed with wet ink.

There is no severance payment when an employee resigns.

• The employee is potentially contentious or litigious
• The employee cannot be terminated with cause or for redundancy
• The employee has negotiated their mutual termination with the client

No notice is needed.

Is severance required?

Severance to be mutually negotiated and agreed upon.

What is the term of  final payment to the employee?

Within seven days after the termination of the employment agreement.

• Poor performance
• Bad behavior
• Persistent lateness/absence from work

Notice must be given at least 1 week prior to the effective date of the termination. Fixed term employees are not entitled to notice.

Payment in lieu of notice is permitted, but in such case the employer must pay the employee at least the amount that the employee would have earned had employment continued through the end of the probation period.

The notice should specify the period of notice given or payment in lieu of notice, and the date on which employment will end.

Is severance required?

No severance payment is required for terminations during the probation period in Australia. 

What is the term for payment of severance or final payment to the employee?

Within seven days after the termination of the employment agreement.

• Act of improbity
• Recklessness of conduct or malpractice
• Frequent negotiation on your own or someone else's account without the employer's permission, and when it constitutes an act of competition with the company for which the employee works, or is detrimental to the service
• Criminal conviction passed in res judicata, if there was no suspension of the sentence
• Negligence in the performance of the employee’s functions
• Frequent on-the-job drunkenness
• Breach of privileged company information
• Act of indiscipline or insubordination
• Job abandonment
• Acts harmful to the honor or to the good reputation of the company while on duty, or any physical offences against others while on duty except in the case of legitimate self-defense or defense of others
• Constant gambling
• Loss of license or other requirements established by law for the exercise of the profession as the result of the employee's willful conduct
• The practice, duly proven in an administrative inquiry, of acts that threaten national security

How much notice must be given?

No notice needed

How is notice of termination with cause delivered?

The letter of termination can be sent by email, and the signature of both parties can be digital/electronic.

Is severance still due under this type of termination?

No severance is owed to employees who are terminated with a just cause in Brazil. 

The employee will receive any outstanding salary and proportional vacation and other entitlements, including 13th salary.

What are the terms of payment of severance or final payment of wages owed to the employee?

10 days after the termination of the employment agreement

How much notice must be given?

Legal notice period is based on the length of an employee’s service. Employees are entitled to 30 days notice for employment of less than 1 year, and an additional 3 days for each additional year up to a maximum of 90 days total notice.

The employer must choose one option:

1. Give the employee 30 days working notice and pay an indemnity for the additional days notice above 30 days; or
2. Pay the full legal notice period.

Employees on working notice will have their hours reduced by 2 per day, or are entitled to 7 paid days off work at the end of the notice period.

How is notice of termination without cause delivered?

The letter of termination can be sent by email, and the signature of both parties can be digital/electronic.

In Brazil, all employees who are terminated without cause are entitled to severance pay. 

An employee terminated without cause is owed all outstanding salary for days worked, payment for any unworked legal notice period, proportional annual vacation  and other applicable entitlements including 13th salary. In addition, the employee is entitled to 40% of the FGTS (Social Security Fund) balance as well as an additional payment of ⅓ of any vacation balance.

30 days notice

Is severance  required?

No severance is owed to employees who resign in Brazil.  Employees are entitled any outstanding salary and proportional vacation and other entitlements, including 13th salary and an additional payment of ⅓ of any vacation balance.

What is the term of final payment

10 days after the termination of the employment agreement

• The employee is potentially contentious or litigious
• The employee has negotiated their mutual termination with the client

How much notice must be given?

The employer must give the employee a 15 day notice or pay an indemnity equal to the notice.

Is severance  required?

In Brazil, all employees who mutually agree to their termination are entitled to severance pay. 

As a minimum, the employee is a owed all outstanding salary for days worked, 50% payment for any unworked legal notice period, proportional annual vacation  and other applicable entitlements including 13th salary. In addition, the employee is entitled to 20% of the FGTS (Social Security Fund) balance as well as an additional payment of ⅓ of any vacation balance.

What is the term  of payment for final payment?

10 days after the termination of the employment agreement.

How much notice must be given?

No notice is required unless otherwise provided for in the employment agreement

How is notice for termination during the probation period delivered?

The letter of termination can be sent by email, and the signature of both parties can be digital/electronic.

Is severance  required?

In Brazil, all employees who are terminated during the Probation Period are entitled to severance pay.

The employee is owed all outstanding salary for days worked as well as a payment of 50% of the remuneration that would have been earned through the remainder of the probation period. The employee is also entitled to all proportional annual vacation, including an additional payment of ⅓ of the vacation balance and other applicable entitlements. In addition, the employee is entitled to 40% of the FGTS (Social Security Fund) balance. 

There is no payment in lieu of legal notice except in the event of a reciprocal early termination clause in the employment agreement.

What is the term  of payment for final payment?

10 days after the termination of the employment agreement.

• Attendance issues, including absenteeism and lateness
• Stealing company money or property
• Misconduct meaning any form of material violation of the provisions in the employment agreement, policy, or applicable law
• Falsifying Records
• Workplace harassment and violence
• Dishonesty, including. fraud, theft, breach of trust, deception
• Insubordination and insolence

Please note that job performance issues are generally not grounds for termination with cause in Canada.

How much notice must be given?

No notice is required. 

How is a notice for termination with cause delivered?

The termination letter can be sent by email, and the signature of both parties can be digital/electronic. 

Is severance required?

No severance is owed to employees who are terminated with cause in Canada. However, in Canada, additional severance may be advisable in exchange for a release and this will always be Deel’s recommendation to clients.

• Business Reasons, including company downsizing or restructuring
• Performance Issues 
• Lack of organizational and cultural fit
• Any other situation which cannot be justified as a with cause termination in any given province

How much notice must be given?

Notice in Canada will vary depending on the following:

1. The applicable provincial employment standards legislation
2. The relevant provincial common-law precedent

The reasonableness of a common-law notice period is based on the particulars of the case, with regard to the character of employment (position, salary, responsibility), the length of service, the age of the employee, and the availability of similar employment having regard to the experience, training, and qualifications of the employee.

How is a notice for Termination without cause delivered?

The termination letter can be sent by email, and the signature of both parties can be digital/electronic. 

Is severance required? 

Yes, this is by far the most common type of termination in Canada and will always require some degree of either statutory severance or common-law severance:

• Statutory severance depends on applicable provincial employment standards legislation and the length of an employee’s service.
• Common-law severance compensates an employee for the amount of time it will take them to find comparable work. There is no formula for common-law severance, and it is determined on a case-by-case basis. 

An additional payment is usually negotiated to secure a post-termination release.

What is the term of payment for severance or final wages to the employee?

Usually 10 to 15 days after the termination of the employment agreement.

How much notice must be given?

No notice is legally required

Are there local requirements or restrictions?

The resignation letter must be signed by the Employee. Due to local payroll cut-off times it may be necessary to adjust resignation dates. Clients should contact Deel as soon as practicable to process an employee resignation.

Is severance required?

No severance is owed to employees who resign in Canada. However, additional severance may be advisable in exchange for a release.

• The employee is potentially contentious or litigious
• The Employee cannot be terminated with or without cause, or terminating without cause may be contentious
• The employee has negotiated their mutual termination with the client

No notice is legally required as this is a negotiated termination and the effective date is determined by mutual agreement.

Is severance required?

Mutual termination will always include some payment of severance based on common-law estimates for the applicable province.

What is the term for payment of severance or final payment to the employee?

Usually 10 days after the termination of the employment agreement

No notice is legally required.

No severance is owed to employees who are terminated during the probation period. However, additional severance may be advisable in exchange for a release.

• Attendance issues
• Stealing company money or property
• Misconduct (any form of material violation of provisions in the employment agreement, policy, or applicable law)
• Falsifying Records
• Harassment
• Violence

Specific reasons may be found in:

• The Employee’s Contract
• The Company Handbook
• The Colombian Labor Code

How much notice must be given?

10 calendar days before the initiation of the disciplinary process.

How is notice given?

The letter of termination can be sent by email, and the signature of both parties can be digital/electronic.

Severance payment is not required for termination with cause in Colombia

This form of termination is generally viable for any reason, as long as they do not violate an employee's constitutional or employment rights. You must inform Deel of all the facts and circumstances of any termination without cause.

Limitations to this form of termination are:

• If the employee is pregnant, there will be exceptions to the viability of this termination. 
• If the employee is sick or on sick leave, there will be exceptions to the viability of this termination
• If the employee’s constitutional or employment rights are being violated. This includes union protections, discrimination, among others.

How much notice must be given?

10 calendar days.

How is notice given?

The letter of termination can be sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

Severance is always due for terminations without cause in Colombia

Fixed contract: All payments owed for the rest of the contract, including monthly salary, 13th and 14th salaries and all other statutory benefits which would be owed during the term of the contract. 

Indefinite/permanent contract: based on years of service

• 30 days for 1 year or less of service
• 20 days for each year or proportional year thereafter

What is the term of payment?

The day after the termination of the employment agreement or a reasonable time that does not exceed 15 days.

How much notice must be given?

None

How must notice be given?

• The resignation must come from the Employee unilaterally and must not be forced or coerced by the Client or by Deel.
• The resignation letter must identify the employee’s last day.
• The resignation letter must be signed by the employee.

There is no severance for resignation in Colomiba

• The employee is potentially contentious or litigious
• The Employee cannot be terminated with or without cause
• The employee has negotiated their mutual termination with the client

No notice period is required.

Although no statutory requirement for severance exists it is advisable to offer a severance to reduce the risk of the mutual agreement being contested in court.

• Poor performance
• Bad behavior
• Persistent lateness/absence from work

No notice is required for terminations during probation periods.

Severance is not due for terminations during probation periods.

Employees may terminate the employment relationship with cause if:

• the employer has harassed the employee
• the employer has considerably delayed the payment of wages
• Continued employment poses a real threat to the employee's life, health, morals, or reputation

Employers may terminate the employee with cause on the following grounds:

• Reduced capacity for work due to state of health. A reduced capacity for work is presumed if the employee’s state of health does not allow for the performance of work duties for over four months.
• Decreased capacity for work due to insufficient work skills, unsuitability for the position, or inadaptability, that does not allow for the continuation of the employment relationship 
• Breach of duties including disregard for the employer’s reasonable instructions and warnings
• Working in a state of intoxication
• Theft, fraud, or another act causing the loss of the employer’s trust in the employee
• Causing a third party’s distrust in the employer
• Wrongfully - to a significant extent - damaging the employer’s property or causing a threat of such damage;
• Breach of confidentiality or restriction of trade

How much notice must be given?

An employee is not obligated to give the employer advance notice for termination with cause.

The minimum notice the employer needs to give depends on the duration of the employment relationship with the employee:

• Less than 1 year: at least 15 calendar days
• Less than 5 years: at least 30 calendar days
• Less than 10 years: at least 60 calendar days
• Over 10 years: at least 90 calendar days

The notice period may not apply for both employee and the employer if, considering all circumstances and mutual interests, it cannot be reasonably demanded that the performance of the contract be continued until the expiry of the agreed term or term for advance notice.

How is notice given?

The termination letter can be signed with wet ink and delivered directly to the employee or sent by post mail. 

The termination letter can also be sent by email, where the signature of both parties is digital or electronic.

Is severance required?

No severance is owed to employees who are terminated with cause in Estonia.

If an employee cancels the employment contract extraordinarily on the grounds that the employer is in fundamental breach of the contract, the employer shall pay the employee compensation of up to three months average wages.

What is the term of payment?

Severance and final pay must be paid on the date of termination of the employment agreement.

• Decrease in the work volume, reorganization of work, or other cessation of work (lay-off)
• Cessation of the activities of the employer
• Declaration of bankruptcy by employer or termination of bankruptcy proceedings, without declaring bankruptcy, by abatement

How much notice must be given?

The minimum advance notice the employer needs to give depends on the duration of the employment relationship with the employee:

• Less than 1 year: at least 15 calendar days
• Less than 5 years: at least 30 calendar days
• Less than 10 years: at least 60 calendar days
• Over 10 years: at least 90 calendar days

The notice period may not apply if, after considering all the circumstances and mutual interests, it is not reasonable to demand the performance of the contract until expiry or the end of the notice period.

How is notice given?

The termination letter can be signed with wet ink and delivered directly to the employee or sent by post mail. 

The termination letter can also be sent by email, where the signature of both parties is digital or electronic.

Is severance required?

Employees are entitled to a minimum of one-month of their average wages when terminated for redundancy.

What is the term of payment?

Severance and final pay must be paid on the date of termination of the employment agreement.

30 days, or 15 days during the probation period

Is severance required?

There is no severance payment when an employee resigns.

What is the term of payment?

Final pay must be paid on the date of termination of the employment agreement.

• The employee is potentially contentious or litigious
• The employee cannot be terminated with or without cause
• The employee has negotiated their mutual termination with the client

No notice is needed.

Is severance required?

While no severance is required by law, negotiating a mutual termination agreement will always entail the offer of a severance package. 

What is the term of payment?

Severance and final pay must be paid on the date of termination of the employment agreement.

Any termination during the probation period should be consistent with the purpose of probation, that is assessing an employee's health, knowledge, skills, abilities, and personal characteristics to ensure that they correspond to the level required for the performance of job duties.

Grounds for termination during the probation period include:

• Poor performance
• Bad behavior
• Persistent lateness/absence from work
• Insufficient education or qualification
• Health conditions preventing the proper performance of the work duties

How much notice must be given?

15 days or as provided in the employment agreement

How is notice given?

The termination letter can be signed with wet ink and delivered directly to the employee or sent by post mail. 

The termination letter can also be sent by email, where the signature of both parties is digital or electronic.

Is severance required?

No severance is owed to employees who are terminated during the probation period in Estonia.

What is the term of payment?

Final pay must be paid on the date of termination of the employment agreement.

• Gross misconduct, including unjustified prolonged absence or frequent unjustified short absences, violent behavior, threats, bullying, financial misconduct, refusal to work
• Serious misconduct including repeated minor faults, negligence, refusing a change in working conditions.

How much notice must be given?

The notice period will depend on several factors including the seniority level fo the employee, the terms of employment, and the grounds for termination. Deel’s legal team will need to evaluate and confirm the notice period on a case-by-case basis.

How is notice given?

Registered letter sent by French post or by R24.

Is severance required?

No severance is owed to employees who are terminated for gross or serious misconduct. 

Employees are entitled to all accrued but unused vacation and any other entitlements covered by their Collective Bargaining Agreement such as the  réserve financière.

What is the term of payment?

The date of termination of the employment agreement.

Professional incompetence, defined as the lasting inability of an employee to satsifactorly perform a job corresponding to their qualifications.

Poor performance, defined as the failure to meet realistic objectives compatible with the company’s market situation as a result of professional inadequacy or fault.

Dismissal may not be based on a disciplinary failure. It must be based on the precise, objective, and verifiable facts attributable to the employee.

How much notice must be given?

The notice period will depend on several factors including the seniority level fo the employee, the terms of employment, and the grounds for termination. Deel’s legal team will need to evaluate and confirm the notice period on a case-by-case basis.

How is notice given?

Registered letter sent by French post or by R24.

Is severance required?

Severance is owed to employees terminated for non-disciplinary reasons. Severance will be determined by the terms of any Collective Bargaining Agreement. Employees are also entitled to al accrued by unused vacation and other entitlements such as theréserve financière.

What is the term of payment?

The date of termination of the employment agreement. 

• Medical incapacity resulting from a work-related accident or illness
• Medical incapacity resulting from a non-work related accident or illness

No notice is needed subsequent to the formal process.

Is severance required?

For non-work related incapacity the employee is entitled to:
1/4 monthly salary for each of the first 10 years of service

1/3 monthly salary for each year after 10 years

For work-related incapacity - that is occupational injury or illness - the severance is double the amount for non-work related incapacity.

What is the term of payment?

The date of termination of the employment agreement.

How much notice must be given?

The employee must give notice as required by their employment agreement or collective bargaining agreement, usually: 

• ETAM: one month notice regardless of seniority
• Executive: three months notice regardless of seniority

The employer may exempt the employee from serving the notice period.  

How is notice given?

Registered letter sent by French post or by AR24.

Is severance required?

There is no severance payment when an employee resigns. Employees are entitled to their reserve financière.

What is the term of payment?

The date of termination of the employment agreement.

• The employee is potentially contentious or litigious
• The employee cannot be terminated for disciplinary or non-disciplinary reasons
• The employee has negotiated their mutual termination with the client

No notice is needed. However, the termination process takes at least 45 days.

Is severance required?

Yes, mutual termination will always entail payment of a severance. The minimum severance is established by French Law and the Collective Bargaining Agreement. Because of the complexity of the process, it is not uncommon for the parties to negotiate severance greater than the required minimum. Employees are entitled to all accrued but unused vacation and any other entitlements such as the réserve financière.

What is the term of payment?

The date of termination of the employment agreement.

Protected employees, including elected staff representatives may not be terminated during the probation period without obtaining the approval of the Labor Inspectorate.

Employees with work related injuries or illnesses may not be terminated during the probation period except in cases of serious misconduct or for reasons demonstrably not connected to the illness or injury.

Termination during probation must not be discriminatory, including for sick leave or by reason of pregnancy.

How much notice must be given?

Notice depends on who is initiating the termination, and the length of service.

Termination by the employer:

• Less than 8 days of  work: 24 hours notice
• 8 days - 1 month of work: 48 hours notice
• More than 1 month of work: two weeks notice
• More than 3 months of work: on month notice

Termination by the employee:

• Less than 8 days of work: 24 hours notice
• More than 8 days of work: 48 hours notice

How is notice given?

Registered letter sent by French post or by AR24.

No severance is owed to employees who are terminated during the probation period in France.

Employees are entitled to any accrued but unused vacation and their reserve financière.

• Attendance issues  
• Stealing company money or property 
• Misconduct, including any form of material violation of provisions in the employment agreement, policy, or applicable law
• Falsifying records 
• Harassment 
• Violence 
• Violation of the company code of conduct or ethics policy
• Going on an unauthorized holiday

How much notice must be given?

No notice is required. However the disciplinary process must be initiated no more than 2 weeks after the discovery of the facts that give rise to the termination. 

How is a notice for termination with cause delivered?

The notice of termination must be delivered in writing, and signed with wet ink. 

The letter may be personally delivered or deposited in the mailbox at their home address. Proof of delivery is required in both cases. If sent by post a registered letter is required.

The employee is not obligated to sign the letter, but if the letter is delivered personally it is normal practice to request a signature.

Is severance required?

No severance payment is required for terminations with cause in Germany.

What is the term for final payment?

Final pay must be paid on the date of termination of the employment agreement.

• Company downsizing or restructuring
• Technology improvements and developments

How much notice must be given?

Notice depends on length of service:

• Under 2 years: 1 month
• 2 years: 2 months
• 5 years: 3 months
• 8 years: 4 months
• 10 years: 5 months
• 12 years: 6 months
• 15 years: 7 months

Please note that in Germany the notice period begins on the 15th day or the end of the calendar month.

How is a notice for Termination for Redundancy delivered?

The notice of termination must be delivered in writing, and signed with wet ink. 

The letter may be personally delivered or deposited in the mailbox at their home address. Proof of delivery is required in both cases. If sent by post a registered letter is required.

The employee is not obligated to sign the letter, but if the letter is delivered personally it is normal practice to request a signature.

Is severance required?

Employees are entitled to severance if they have been employed for more than six months and if the company usually has more than 10 employees. 

Severance is 1/2 month’s pay for each year of service/ Any period of service of more than 6 months is considered a full year.

What is the term for final payment?

Severance and final pay must be paid on the date of termination of the employment agreement.

How much notice must be given?

At least 2-weeks during the probation period and 4-weeks after the probation period.

Notice takes effect on the 15th of last day of the calendar month.

How is notice given?

The resignation letter must be signed with wet ink and shared with the employer in accordance with the terms set in the employment agreement.

Is severance required?

No. Employees are entitled to their pay for days worked.

What is the term of final payment?

The date of termination of the employment agreement.

• The employment agreement is on definite or fixed-term agreement
• The employee is potentially contentious or litigious
• The employee cannot be terminated with cause or for redundancy or other business reasons
• The employee has negotiated their mutual termination

Parties can negotiate the last day of work and any garden leave

Is severance required?

Yes. Severance usually includes payment equivalent to the sum of the notice period as well as an incentive for the mutual agreement.

This incentive is calculated based on length of service, professional level, and an indemnity against allegations of unfair dismissal. The incentive is usually equal to 1.5 months per year of service.

For fixed-term contracts, severance amounts must be at least equal to the employee would have earned from their contract absent the termination. 

What is the term of payment?

Severance and final pay must be paid on the date of termination of the employment agreement.

• Poor performance
• Bad behavior
• Persistent lateness/absence from work

How much notice must be given?

Two weeks.

How is notice given?

The notice of termination must be delivered in writing, and signed with wet ink. 

The letter may be personally delivered or deposited in the mailbox at their home address. Proof of delivery is required in both cases. If sent by post a registered letter is required.

The employee is not obligated to sign the letter, but if the letter is delivered personally it is normal practice to request a signature.

Is severance required?

No severance is owed to employees who are terminated during the probation period in Germany.

What is the term of payment?

Final pay must be paid on the date of termination of the employment agreement.

• Inattention or negligence in the performance of duties and obligations
• Repeated failure to comply with lawful directions of the company and its officers
• Breach of the terms of the employment agreement and breach of representations and warranties contained therein
• Unethical business conduct, theft or misappropriation of property, whether tangible or intangible, from the company, co-workers, customers, partners, or others
• Breach of any statutory duty or for any act or omission adversely affecting the goodwill, reputation, credit, operations, or business of the Company or any of its clients, affiliates, vendors, or customers
• Any form of harassment, including but not limited to sexual harassment while employed with the company
• Unauthorized disclosure of any confidential information of the company or any of its clients, affiliates, vendors, or customers
• Committing any act not in conformity with discipline or good behavior or acceptance or offering of illegal gratification
• Habitual, uninformed and unauthorized absence for a period exceeding eight days
• Being convicted of any criminal offense, prior to or in the course of employment with the company
• Failure to maintain or produce proper work authorizations, required licenses, or certificates
• Taking or giving bribes or any illegal gratification, or abetting the same in any form, whatsoever
• Falsifying employment or any other Company records, submitting fraudulent claims

How much notice must be given?

No notice is needed if misconduct is proven beyond any doubt.

How is notice given?

The termination letter can be sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

No. The employee is only entitled to their final pay for days worked.

What is the term of payment?

15 days after the termination of the employment agreement.

How much notice must be given?

No notice is needed if terminating within the first 6 months of employment.

At least 30 days, if terminating after 6 months of employment. 

How is notice given?

The termination letter can be sent by email, and the signature of both parties can be digital /electronic.

Is severance required?

Yes, employees that have completed one year of continuous service - interpreted as 240 working days - are entitled to severance in addition to other statutory payments like pay-in-lieu of notice, leave encashment, and gratuity.

Severance is 15 days average pay for each completed year of continuous service. 

Average pay is based on the average of the 3 months prior to termination.

What is the term of payment?

15 days after the termination of the employment agreement.

• Commercially justified business reasons including company downsizing and restructuring

How much notice must be given?

At least 30 days. 

How is notice given?

The termination letter can be sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

Yes, employees that have completed one year of continuous service - interpreted as 240 working days - are entitled to severance in addition to other statutory payments like pay-in-lieu of notice, leave encashment, and gratuity.

Severance is 15 days average pay for each completed year of continuous service. 

Average pay is based on the average of the 3 months prior to termination.

What is the term of payment?

Severance and final pay must be paid on or before the date of termination of the employment agreement for the termination to be considered valid.

How much notice must be given?

30 days.

How is notice given?

The resignation letter must be signed with wet ink and shared with the company at least 4 weeks before the employee’s last day.

Is severance required?

No. The employee is only entitled to their final pay for days worked.

What is the term of payment?

Final pay must be paid 15 days after the termination of the employment agreement.

• The employee is potentially contentious or litigious
• The employee cannot be terminated with or without cause
• The employee has negotiated their mutual termination with the client
• The process for unilateral terminations is complex, time-consuming, or not feasible

How much notice must be given?

30 days. Payment in lieu of notice is permitted.

How is notice given?

The termination letter can be sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

Yes. Based on mutual agreement between the employer and employee. Employers typically offer 1-3 months on top of pay-in-lieu of notice. 

What is the term of payment?

15 days after the termination of the employment agreement.

• Poor performance
• Bad behavior
• Persistent lateness/absence from work

How much notice must be given?

The probation period varies by industry, company, and position but usually ranges from 6 months to a year. No notice is required to terminate an employee during the first 6 months of employment. After 6 months, at least 30 days notice is required.

How is notice given?

The termination letter can be sent by email, and the signature of both parties can be digital/electronic. In situations where the employee is refusing to sign, the termination will still be valid.

Is severance required?

No. The employee is only entitled to their final pay for days worked.

What is the term of payment?

15 days after the termination of the employment agreement.

• Repeated minor mistakes including poor performance, breach of company regulations or the employment agreement
• Abscesences of 5 or more days without explanation, or illness or injury of 12 months or longer.
• Gross misconduct including assault, threats, intimation, theft, intoxication or gambling on the job

How much notice must be given?

The notice period will depend on the reason for termination:

• Repeated Minor Mistakes: 14 working days
• Absence from Work: 14 working days
• Gross Misconduct: No notice period

How is notice given?

Notice can be personally served to the employee. If the employee refuses to receive the notice, the notice is simultaneously served to the employee via (i) email to the employee’s email address, (ii) registered mail, and (iii) private courier to the employee’s last known address.

Is severance required?

Yes, if the employee has violated the employment agreement or company regulations and has been served a first, second, and third consecutive warning.

Severance is composed of the basic severance payment, a length-of-service award, and compensation for any untaken but not forfeited annual leave. Employees may also be entitled to additional compensation as provided in their employment agreement or company regulations.

For the purposes of calculating severance, an employee’s pay includes both basic wage and any fixed allowances paid to the employee and their family. 

Employees who have violated their employment agreement or company regulation and have been served a first, second, and third consecutive warning may only be entitled to 50% of the basic severance.

In some cases where employees are terminated for criminality or unexcused absences, not severance is due.

Basic severance is based on years of service:

• Less than 1 year: 1 month
• 1 year: 2 months
• 2 years: 3 months
• 3 years: 4 months
• 4 years: 5 months
• 5 years: 6 months
• 6 years: 7 months
• 7 years: 8 months
• 8 years: 9 months

Length-of-service award is calculated based on years of service:

• 3 years: 2 months pay
• 6 years: 3 months pay
• 9 years: 4 months pay
• 12 years: 5 months pay
• 15 years: 6 months pay
• 18 years: 7 months pay
• 21 years: 8 months pay
• 24 years or more: 10 months pay

What is the term of payment?

The date of termination of the employment agreement.

• Efficiency measures due to losses or to prevent further losses
• Business closure due to losses for two years or other reasons
• Business closure arising from a force majeure event
• A force majeure event affecting the business but not  necessitating closure
• Declared bankruptcy
• Processes of suspension of debt payment whether or not arising from losses

How much notice must be given?

14 working days.

How is notice given?

Notice can be personally served to the employee. If the employee refuses to receive the notice, the notice should be simultaneously served to the employee via (i) email to the employee’s email address, (ii) registered mail, and (iii) private courier to the employee’s last known address.

Is severance required?

Yes, severance is composed of the basic severance payment, a length-of-service award, and compensation for any untaken but not forfeited annual leave. Employees may also be entitled to additional compensation as provided in their employment agreement or company regulations.

For the purposes of calculating severance, an employee’s pay includes both basic wage and any fixed allowances paid to the employee and their family.

Basic severance may be multiplied by a factor of 0.5x  to 2x depending on the facts and circumstances of the redundancy or business reason.

Basic severance is based on years of service:

• Less than 1 year: 1 month
• 1 year: 2 months
• 2 years: 3 months
• 3 years: 4 months
• 4 years: 5 months
• 5 years: 6 months
• 6 years: 7 months
• 7 years: 8 months
• 8 years: 9 months

Length-of-service award is calculated based on 3-year increments of service:

• 3 years: 2 months pay
• 6 years: 3 months pay
• 9 years: 4 months pay
• 12 years: 5 months pay
• 15 years: 6 months pay
• 18 years: 7 months pay
• 21 years: 8 months pay
• 24 years or more: 10 months pay

What is the term of payment?

The date of termination of the employment agreement.

How much notice must be given?

30 days.

How is notice given?

The resignation letter must be signed with wet ink.

Is severance required?

There is no severance payment when an employee resigns in Indonesia.

What is the term of payment?

The date of termination of the employment agreement.

• The employee is potentially contentious or litigious
• The employee cannot be terminated with or without cause
• The employee has negotiated their mutual termination with the client

No notice is needed.

Is severance required?

While no severance is required by law, negotiating a mutual termination agreement will always entail the offer of a severance greater than the amount the employee would otherwise be entitled to by law.

What is the term of payment?

The date of termination of the employment agreement.

• Without cause
• Poor performance
• Bad behavior
• Persistent lateness/absence from work

How much notice must be given?

7 working days.

How is notice given?

Notice can be personally served to the employee. If the employee refuses to receive the notice, the notice is simultaneously served to the employee via (i) email to the employee’s email address, (ii) registered mail, and (iii) private courier to the employee’s last known address.

Is severance required?

No severance is owed to employees who are terminated during the probation period in Indonesia.

What is the term of payment?

The date of termination of the employment agreement.

• Employee Misconduct
• Employee is incapable, incompetence, or unqualified 
• Legal prohibition against  employing the individual
• Other substantial grounds that justify termination

How much notice must be given?

The notice period will depend on the length of the employee’s continuous service:

• 13 weeks: 1 week notice
• 2 years: 2 weeks notice
• 5 years: 4 weeks notice
• 10 years: 6 weeks notice
• 15 or more years: 8 weeks notice

Payment in lieu of notice is permitted. Employees can be dismissed without notice for serious misconduct.

How is notice given?

The termination letter can be sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

Yes. Two weeks of pay for each year of continuous services, plus one additional week of pay.

Each week of pay is capped at €600.

What is the term of payment?

Severance and final pay must be paid on the normal monthly payslip date.

• Business Reasons including company downsizing, restructuring, economic, technical, or organizational reasons
• Employee redundancy

How much notice must be given?

The notice period will depend on the length of the employee’s continuous service.

• 13 weeks: 1 week notice
• 2 years: 2 weeks notice
• 5 years: 4 weeks notice
• 10 years: 6 weeks notice
• 15 or more years: 8 weeks notice

Payment in lieu of notice is permitted.

How is notice given?

The termination letter can be sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

Yes. Two weeks of pay for each year of continuous services, plus one additional week of pay.

Each week of pay is capped at €600.

What is the term of payment?

Severance and final pay must be paid on the normal monthly payslip date.

How much notice must be given?

No notice is needed before 13 weeks of employment. After 13 weeks of employment, the employee shall provide one week of notice.

How is notice given?

The resignation letter can be sent by email with digital/electronic signature.

Is severance required?

No severance is owed to employees who resign in Ireland.

What is the term of payment?

Final pay must be paid on the normal monthly payslip date.

• The employee is potentially contentious or litigious
• The employee cannot be terminated with or without cause
• The employee has negotiated their mutual termination with the client
• To ensure a smooth and safe termination is in place

How much notice must be given?

The notice period will depend on the length of service as follows:

• At least 13 weeks: 1 week notice
• 2 years: 2 weeks notice
• 5 years: 4 weeks notice
• 10 years: 6 weeks notice
• 15 years: 8 weeks notice

Payment in lieu of notice is permitted.

How is notice given?

The termination letter can be sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

Severance will be mutually agreed between the parties but cannot be less than 5 weeks salary plus holidays. 

What is the term of payment?

Severance and final pay must be paid on the normal monthly payslip date.

• Poor performance
• Bad behavior
• Persistent lateness/absence from work
• Any other reason

No notice is required.

Is severance required?

No severance is owed to employees who are terminated during the probation period in Ireland.

What is the term of payment?

Final pay must be paid on the normal monthly payslip date.

• Gross misconduct by the employee
• Gross negligence by the employee while performing his/her duties
• Any other reason listed in the disciplinary code
• Any other reason provided by the law as lawful grounds for immediate termination

How much notice must be given?

Following the disciplinary procedure, no further notice is required

How is notice for termination with cause delivered?

The termination letter can be sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

Severance (TFR) is always due in any case of termination and is a sum already set aside each month by the Employer.

Upon termination, the employee is also entitled to receive all accrued but unused holidays and paid leaves.

What are the terms of payment of severance or final payment of wages owed to the employee?

45 days after the termination of the employment agreement

How much notice must be given?
Notice is defined by the employment agreement or depends on the employee’s length of service and their level. The Employer may at their sole discretion decide to pay an indemnity in lieu of notice and terminate the employee with immediate effect

How is a notice for Termination delivered?
The termination letter can be sent by email, and the signature of both parties can be digital/electronic

Is severance required?

Severance (TFR) is always due in any case of termination and is a sum already set aside each month by the Employer. Upon termination, the employee is also entitled to receive accrued but untaken holidays and paid leaves.

What is the term for payment of severance or final wages to the employee?

45 days after the termination of the employment agreement.

 How much notice must be given?

The employee must give sufficient notice as defined by the employment agreement or according to the length of their service and level of seniority. The employer may waive this notice.

Are there local requirements or restrictions for resignations?

To be valid, resignations and mutual consent terminations can only be implemented in electronic form provided by Labor Ministry.

Is severance required?

Severance (TFR) is always due in any case of termination and is a sum already set aside each month by the Employer. Upon termination, the employee is also entitled to receive accrued but untaken holidays and paid leaves.

What is the term of final payment?

45 days after the termination of the Employment Agreement

• The employee is potentially contentious or litigious
• The employee cannot be terminated with or without cause
• The employee has negotiated their own mutual termination 

Generally, the notice period set forth in the employment agreement depends on the length of service and level of the employee.

However, parties may agree to a different notice period. Generally, the employer pays to the employee the equivalent sum of notice and an ex gratia payment as an incentive for the employee to leave

The ex gratia payment is based on the length of service, level of the employee, and indemnity in case of unfair dismissal. Each case must be evaluated based on its own merits by the Deel Legal Team.

Is severance required?

Severance (TFR) is always due in any case of termination and is a sum already set aside each month by the Employer. Upon termination, the employee is also entitled to receive accrued but untaken holidays and paid leaves

Severance is paid in addition to the notice period and the ex gratia payment.

What is the term of payment for severance or final wages to the employee?

45 days after the termination of the employment agreement.

No notice is required for terminations during the probationary period.

Is severance required?

If the employee worked more than 14 days, Severance (TFR) must be paid.

What is the term of payment for severance or final wages to the employee?

45 days after the termination of the employment agreement.

• Provide fake/false documents
• Unlawful or dishonest acts against the employer, managers and their families, coworkers, clients, and providers
• Damages
• Harassment, immoral, and inappropriate behaviors/acts 
• Disclosure of intellectual property or confidential information
• More than 3 unjustified absences in 30 days
• Defiance
• Non-compliance with internal rules and codes
• Drugs and alcohol use
• Jail

No notice period is required.

Is severance required?

No.

What is the term of final payment?

Final payment must be made on the termination date or on the date agreed to in writing with the employee.

No notice period is required.

Is severance required?

No. The employee is only entitled to their final pay for days worked.

What is the term of final payment?

Final payment must be made on the termination date or any other date agreed to in writing with the employee.

• The employee is potentially contentious or litigious
• The employee cannot be terminated with cause
• The employee has negotiated their mutual termination

No notice is required.

Is severance required?

Yes. Mutual termination will always entail a severance payment.

What is the term of payment?

Final payment must be made on the termination date or any other date agreed in writing with the employee.

No notice is required.

Is severance required?

No. The employee is only entitled to their pay for days worked.

What is the term of payment?

Final pay must be paid on the termination date or any other date agreed in writing with the employee.

• Performance issues after having followed an extensive performance improvement plan
• Excessive absence due to illness or disability that result in unacceptable consequences for business operations
• Refusal to perform work (after multiple warnings)
• Misconduct (any serious form of material violation of provisions in the employment agreement, policy, or applicable law)
• Disturbed relationship (substantiated with documentation, with a very high threshold)

It is not possible to unilaterally terminate an employee by providing notice.

Except in rare cases requiring immediate dismissal (fraud, theft, violence) a statutory severance payment will apply. Additional payment to secure a negotiated settlement absent a court decision will also be required.

• Business (economical) reasons (e.g. company downsizing, restructuring, organizational/technological reasons, business closure).
• Business reasons must be substantiated in detail and supported with documents. In case of economical reasons: year reports and financials must be handed over.

It is not possible to unilaterally terminate an employee by providing notice.

Employees in the Netherlands are entitled to a statutory transition payment from the start of their employment. Additional payment to secure a negotiated settlement absent a decision from the Dutch Unemployment Agency will also be required.

Employee must provide 1 month notice or as agreed to by contract.

None.

By agreement with the employee

By agreement with the employee, but always above statutory minimums.

No notice is required.

The payment of statutory severance is required, even for terminations during the probation period. The amount of severance is approximately 1/3 monthly salary per year of service.

• Serious Misconduct: an act or omission that deeply impairs or destroys the trust and confidence an employer has placed in the employee. This is more likely if the misconduct has adversely impacted the employee’s ability to perform the job. Employers are required to conduct a fair investigation and initiate a disciplinary process. Employees must be made aware of the allegations against them, including the specific provisions of the employment agreement or company policies that have been breached, and provided an opportunity to respond.
  
  Examples of serious misconduct are violent behavior, bullying, harassment, theft, fraud, behavior that endangers the health and safety of the employee or others, use of illegal drugs at work, and dishonesty.
  
  
• Repeated Misconduct: a series of repeated offenses that do not amount to serious misconduct but are contrary to professional behavior. There is no definite number of times that the employee needs to repeat an offense for it to be considered repeated misconduct, and it may depend on the severity of the offenses. However, the employee must be given sufficient opportunity to improve their behavior.
  
  
• Poor Performance: when an employee’s performance has not improved despite repeated attempts at performance management plans, and the employee has been warned that termination was a potential outcome for continued poor performance.

How much notice must be given?

There is no legal notice period however disciplinary processes or performance management plans must be implemented.

How is notice given?

A termination letter, signed with wet ink and delivered by post mail. Or the letter may be sent by email and the signature of both parties can be digital/electronic.

Is severance required?

No. The employee is only entitled to their final pay for days worked.

What is the term of payment?

Final pay must be paid on or before the pay day of their final period of employment.

• Business Reasons, including company downsizing and restructuring
• When an employer reduces its workforce because a position or positions (not the employee) are no longer needed

How much notice must be given?

As specified in the employment agreement or reasonable notice.

How is notice given?

Written notice signed with wet ink and delivered by post mail. Or the notice letter may be sent by email and the signature of both parties can be digital/electronic.

Is severance required?

No. The employee is only entitled to their final pay for days worked.

What is the term of payment?

Final pay must be paid on or before the pay day of their final period of employment.

How much notice must be given?

Notice is determined by the employment agreement.

How is notice given?

The resignation letter must be signed with wet ink and shared with the company in accordance with the notice period stated in the employment agreement.

Is severance required?

No. The employee is only entitled to their final pay for days worked.

What is the term of payment?

Final pay must be paid on or before the pay day of their final period of employment.

• The employee is potentially contentious or litigious
• The employee cannot be terminated with cause or for redundancy or other business reasons
• The employee has negotiated their mutual termination with the client

There is no notice period for mutual termination and the terms of the termination will be subject to the mutual agreement of the employee and employer.

Is severance required?

Yes. Mutual termination will always entail a severance.

What is the term of payment?

Severance and final pay must be paid on the payday of the employee’s final pay period.

• Poor performance
• Bad behavior
• Persistent lateness/absence from work

How much notice must be given?

As determined by the employment agreement.

How is notice given?

Written notice signed with wet ink and delivered by post mail. Or the notice letter may be sent by email and the signature of both parties can be digital/electronic.

Is severance required?

No.

What is the term of payment?

Final pay must be paid on the payday of the employee’s final pay period.

• Serious misconduct that is willful in character and not a mere error in judgment.
• Insubordination or willful disobedience 
• Gross and habitual neglect of duties 
• Fraud
• Breach of trust or loss of confidence 
• Commission of a crime or offense against the person of the employer, the person of the employer’s immediate family family or the person of any duly authorized representative of the employer.
• Analogous causes meaning those that have been expressly specific as analogous under the company’s rules, regulations, or policies.

How much notice must be given?

A disciplinary procedure that includes (1) First Written Notice/Show Cause Notice, (2) an investigation, and (3) Second Written Notice/Termination Notice must be followed.

How is notice given?

Show Cause Notice and Termination Notice must be personally served to the employee. If an employee refuses services, notices may be simultaneously served to the employee via email, registered mail, and a private courier to the employee’s last known address.

Is severance required?

There are no statutory requirements for severance for employees terminated with cause. Employees are entitled to receive their standard salary through the disciplinary process, except in cases of imminent threat to the employer or co-worker’s life or property, In such cases, employers may place an employee on unpaid preventative suspension for a period not exceeding 30 days.

What is the term of payment?

Within 30 days from the termination of the employment agreement.

• Installation of labor-saving machinery or devices
• Redundancy
• Retrenchment to prevent real or imminent substantial losses
• Closure or cessation of operations
• Incurable employee illness or disease

In the case of illness or disease, the continued employment of the employee must be prohibited by law, or prejudicial to the employee’s health as well as the health of the employee’s co-workers. There must be a certification by a competent health authority that the disease is incurable within a period of 6 months even with proper medical treatment.

How much notice must be given?

• 30 days written notice to the employee
• 30 days written notice to the Department of Labor and Employment.

For terminations due to disease there is no notice period. However, the employer must comply with the disciplinary process for terminations with cause.

How is notice given?

• The notice must be personally served to the employee. If an employee refuses services, notices may be simultaneously served to the employee via email, registered mail, and a private courier to the employee’s last known address.
• The notice to the Regional Office of the DOLE must be personally filed.

Is severance required?

Yes. Severance for terminations for redundancy and other business reasons is based on the authorized cause.

Installation of labor-saving machinery or devices, or redundancy:

• At least one month pay or at least one month pay for every year of service of the employee, whichever is higher. 
• A fraction of six months service is considered as one whole year.

Retrenchment to prevents losses, closure, or disease:

• At least one month pay or at least one-half month pay for every year of service of the employee, whichever is higher. 
• A fraction of six months service or more is considered as one whole year.

Closure or cessation of operations:

• No severance

Employees are also entitled to receive their salary during the notice period. 

Employers that fail to adhere to the required termination process are liable to pay damages to the employee, in addition to any owed severance payment.

What is the term of payment?

Within 30 days from the termination of the employment agreement. 

How much notice must be given, if any?

30 days notice

How is notice given?

• Signed, written notice of resignation 
• Signed and notarized deed of release, waiver, and quitclaim

Is severance required?

There are no statutory requirements for severance when an employee resigns. Prior to the effective date of the resignation the employee is entitled to their standard salary.

What is the term of payment?

Within 30 days from the termination of the employment agreement.

• The employee is potentially contentious or litigious.
• The employee cannot be terminated with cause or for redundancy or other business reasons.
• The employee has negotiated their mutual termination with the client.

There is no notice period.

Is severance required?

Yes. In order for a separation agreement or other voluntary agreement to be valid, there must be sufficient and reasonable consideration for such agreement.

Employees are also entitled to their salary prior to the effective date of the termination.

What is the term of payment?

Within 30 days of the termination of the employment agreement.

• Poor performance
  
• Bad behavior
  
• Persistent lateness/absence from work

In the Philippines, the law requires that notice served within a “reasonable time” from the effective date of termination. In practice, such written notice is usually serviced fifteen days prior to the effective date.

Is severance required?

No. Prior to the effective date employee’s are entitled to their standard salary.

What is the term of payment?

Within 30 days of the termination of the employment agreement.

• Illegitimate disobedience to orders given by a hierarchical superior
• Violation of the rights and guarantees of the company's workers
• Repeated provocation of conflicts with workers of the company
• Repeated lack of interest in the fulfillment, with due diligence, of obligations inherent to the exercise of the position or job to which the employee is assigned
• Injury to the company's serious property interests
• False statements regarding the justification of absences
• Unexcused absences from work that directly cause damage or serious risks to the company, or whose number reaches, in each calendar year, 5 in a row or 10 interpolated, regardless of damage or risk
• Culpable failure to observe safety and health rules at work
• Practice, within the company, of physical violence, injuries, or other offences punishable by law against a company employee, member of the company, their delegates, or representatives
• Kidnapping or, in general, a crime against the freedom of the persons referred to above
• Non-compliance or opposition to compliance with a judicial or administrative decision
• Abnormal reductions in productivity

How much notice must be given? 

No notice is needed

How is notice for termination with cause delivered?

A decision to terminate for cause must be delivered to the employee in writing

There is no severance payment. But the employer still has to pay the standard wages: 

• Proportional salary
• Overdue Vacation and related allowance, if applicable 
• Proportional vacation
• Proportion vacation allowance
• Proportional Christmas allowance
• Proportional Hours of professional qualification/training; (maximum of 40hours or proportional to the number of months).

• Due to the extinction of the job position
• Due to the employee's unsuitability for the work 

The required notice period is based on the length of an employee's work with the company:

• 15 days, if the length of work is less than 1 year
• 30 days, if the length of work is equal to or more than 1 year and less than 5 years
• 60 days, if the length of work is equal to or more than 5 years and less than 10 years
• 75 days, if the length of work is equal to or more than 10 years

During the legal notice, the employee is entitled to a credit of hours, that is, 2 days off work per week, without prejudice to the salary. The credit of hours can be divided by some or all days of the week, at the initiative of the employee.

If the employer does not give the employee the legal notice, the employer must pay the respective notice period.

The employee is entitled to:

• Compensation of 12 or 18 days for each year of work, in the case of an indefinite contract or fixed-term contract, respectively
• Proportional Salary
• Overdue Vacation and related allowance, if applicable
• Proportional Vacation
• Proportional Vacation allowance
• Proportional Christmas allowance
• Proportional Hours of professional qualification/training; (maximum of 40hours or proportional to the number of months)

The amount of notice is based on the length of of employment:

• 30 days notice for employment of up to two years
• 60 days notice for employment of more than two years

There is no severance payment required. The employee is entitled to receive standard wages as follows:

• Proportional Salary
• Overdue Vacation and related allowance, if applicable
• Proportional Vacation
• Proportional Vacation allowance
• Proportional Christmas allowance
• Proportional Hours of professional qualification/training; (maximum of 40hours or proportional to the number of months)
• Discount of indemnification of legal notice, if not worked by the employee

• The employee is potentially contentious or litigious
• The employee cannot be terminated with or without cause
• The employee has negotiated their own mutual termination 

No notice is required except as agreed to by the parties

Severance is determined by the type of employment contract:

• 12 days pay for each year of work for indefinite contracts
• 18 days pay for each year of work for fixed-term contracts

Employees are also entitled to:

• Proportional Salary
• Overdue Vacation and related allowance, if applicable
• Proportional Vacation
• Proportional Vacation allowance
• Proportional Christmas allowance
• Proportional Hours of professional qualification/training; (maximum of 40hours or proportional to the number of months)

• Poor performance
• Bad behaviour
• Persistent lateness or absences

The employer must provide notice based on the length of employment with the Company:

• no notice for employment of less than 60 days (unless otherwise agreed to in contract)
• 7 days notice for employment of 60 to 120 days
• 15 days notice for employment of more than 120 days

If the employer does not give the employee the legal notice, the employer must pay the respective notice period.

There is no severance payment. Employees are entitled to the following in proportion to their length of employment:

• Proportional Salary 
• Vacation 
• Vacation allowance 
• Christmas allowance 
• Hours of professional qualification/training (maximum of 40hours or proportional to the number of months)

• Serious performance issues
• Attendance issues
• Theft, including money or property
• Misconduct, meaning any form of material violation of provisions in the employment agreement, policy, or applicable law
• Falsifying Records
• Harassment
• Violence

How much notice must be given?

No notice is needed.

How is notice given?

The termination letter can be signed in wet ink or sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

No. 

What is the term of payment?

The last day of employment or no later than three working days from the date of dismissal.

• Business reasons, such as company downsizing, restructuring, etc.
• Cost-cutting
• Redundancy of position

How much notice must be given?

As specified in the employment agreement, but it is encouraged to give a longer notice period for redundancy reasons.

How is notice given?

The termination letter can be sign

Is severance required?

No severance is owed to employees who are terminated for Redundancy or other business reasons. The prevailing norm is to pay a retrenchment benefit of two-weeks to one-month salary per year of service.

What is the term of payment?

Severance and final pay must be paid on the last day of employment or at the latest three working days from the date of termination.

How much notice must be given?

As specified in the employment agreement

How is notice given?

The termination letter can be signed in wet ink or sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

No severance is owed to employees who are terminated without cause in Singapore. In most cases it may be advisable to offer severance.

What is the term of payment?

Severance and final pay must be paid on the last day of employment or at the latest three working days from the date of termination.

How much notice must be given?

As specified in the employment agreement.

How is notice given?

The employee has to send a resignation letter either signed in wet ink or by email with digital/electronic signature.

Is severance required?

No severance is owed to employees who are terminated by resignation in Singapore.

What is the term of payment?

Final pay must be paid on the last day of employment.

• The employee is potentially contentious or litigious
• The employee cannot be terminated with or without cause
• The employee has negotiated their mutual termination with the client

As agreed in the mutual termination agreement.

Is severance required?

No severance is owed to employees who are terminated by mutual termination in Singapore but this is highly advised.

What is the term of payment?

Severance and final pay must be paid on the last day of employment or at the latest three working days from the date of termination.

How much notice must be given?

As specified in the employment agreement.

How is notice given?

The termination letter can be signed in wet ink or sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

No severance is owed to employees who are terminated during the probation period in Singapore.

What is the term of payment?

Final pay must be paid on the last day of employment or at the latest three working days from the date of termination.

• Repeated and unjustified lack of attendance of punctuality to work
• Indiscipline or disobedience at work
• Verbal or physical offences against the employer, coworkers, or any family member living with them
• Transgression of good faith as well as the abuse of trust in the performance of work
• Habitual drunkenness or drug addiction if they have a negative impact on work
• Harassment based on racial or ethnic origin, religion or beliefs, disability, age, or sexual orientation, and sexual harassment or harassment based on sex against the employer or any other employee.

How much notice must be given? 

No notice is needed

How is notice for termination with cause delivered?

The termination letter can be sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

In Spain no severance is owed to employees who are terminated with cause as it is a disciplinary dismissal.

What are the terms of payment of severance or wages owed to the employee?

On the employee's last working day.

• Business reasons, including company downsizing and restructuring
• Performance issues
• Technical reasons
• Organizational reasons
• Production reasons
• Economic reasons
• Employee's inability to adapt to a technical change.

How much notice must be given?

15 days

How is notice for Termination for Redundancy delivered?

The termination letter can be sent by email, and the signature of both parties can be digital/electronic.

Is severance required?

Severance of no less than 20 days of salary for each year of completed service 

What are the terms of payment?

On the last working day of the Employee

How much notice must be given?

The employee must provide 15 days notice.

Are there local requirements or restrictions?

A signed resignation letter must be delivered to the company at least 15 days prior to the employee's last day.

Is severance required?

No severance is owed to employees who resign in Spain.

What is the term of final payment?

On the last working day of the employee.

• The employee is potentially contentious or litigious
• The employee cannot be terminated with or without cause
• The employee has negotiated their own mutual termination 

No notice is required except as agreed to by the parties

Is severance required?

Severance is always required for mutual terminations. The amount is determined by mutual agreement. While the law does not establish the amount of severance required, we suggest that this amount should be at least 33 days of salary for each year of service.

What is the term of final payment?

On the last working day of the employee.

No reasons or grounds are required

No notice is required.

Is severance required?

No severance is owed to employees who are terminated during the probation period.

What is the term of final payment?

On the last working day of the Employee.

Serious breaches of duty by the employee that justify immediate termination without warning:

• Offenses, including sexual harassment, in the workplace
• Repeated or general refusal to work
• Competing activity
• Disclosure of business secrets
• Acceptance of bribes

Less serious breaches of duty that justify immediate termination after a warning:

• Late arrivals at the workplace
• One absence from the workplace without a valid reason
• Excessive use of the telephone or internet at the workplace
• Failure to comply with the employer's instructions

How much notice must be given?

No notice is needed. The employment relationship ends immediately.

How is notice given?

Registered letter sent by post mail.

Is severance required?

No severance is owed to employees who are terminated with cause in Switzerland. The employee is only entitled to payment of wages related to the work already performed.

What is the term of payment?

On the last day of the month in which employment ends

• A reason inherent in the personality of the other party, unless this reason is related to the employment relationship or is in some essential respect seriously prejudicial to the work in the company (Art. 336 (1) (a) CO)
• The exercise of a constitutional right by the other party, unless the exercise of this right violates an obligation arising from the employment contract or in essential respect causes serious harm to the work in the company (Art. 336 (1) (b) CO)
• A desire to prevent legal claims of the other party arising from the employment contract (Art. 336 para. 1 let. c CO)
• The other party asserting claims arising from the employment contract in good faith (Art. 336 (1) (d) CO). This reason is also referred to as "retaliatory leave"
• The other party performing compulsory military, civil defense service, or civilian service under federal law, or because they are fulfilling a legal obligation without having requested to do so (Art. 336 (1) (e) CO)
• The employee's membership or non-membership of a workers' organization or because of the exercise of trade union activity in accordance with the law (Art. 336 (2) (a) CO)
• The employee being an elected representative of the workers and a member of a works council or an institution linked to the company and the employer cannot prove that he had a justified reason for termination (Art. 336 (2) (b) CO)
• Not complying with the consultation procedure provided for collective dismissals (Art. 336(2)(c) CO)

In addition, according to Art. 10 of the Equality Act, termination of employment by the employer is voidable in court if it is not based on a justified reason and if it follows a complaint to a superior or another competent body within the company, the initiation of conciliation proceedings or the filing of a lawsuit. However, the employee may also waive his or her right to retain his or her job and demand compensation.

How much notice must be given?

Notice is tied to years of service, and always effective from the last day of the month in which it is given.

• Up to two years: one month notice
• Two to nine years: two months notice
• More than nine years: three months notice

How is notice given?

Registered letter sent by post mail.

Is severance required?

No severance is owed to employees who are terminated without cause in Switzerland. The employee is only entitled to payment of wages related to the work already performed.

What is the term of payment?

On the last day of the contract, which will always be the last day of the month in which notice ends.

How much notice must be given?

Up to one year of service: one month notice

One to nine years of service: two months notice

More than nine years of service: three months notice

How is notice given?

The resignation letter must be signed with wet ink.

Is severance required?

There is no severance payment when an employee resigns in Switzerland.

What is the term of payment?

On the last day of the month in which employment ends

• The employee is potentially contentious or litigious
• The employee cannot be terminated with or without cause
• The employee has negotiated their mutual termination with the client

No notice is needed.

While no severance is required by law, negotiating a mutual termination agreement will always entail the offer of a severance package. 

What is the term of payment?

The date of termination of the employment agreement.

How much notice must be given?

7 calendar days.

How is notice given?

Registered letter sent by post mail.

Is severance required?

No severance is owed to employees who are terminated during the probation period in Switzerland.

What is the term of payment?

On the last day of the contract, which will always be the last day of the month in which notice ends.

For indefinite contracts, any valid reason can be ground for termination, including but not limited to:

• Poor performance
• Attendance issues
• Stealing company money or property
• Misconduct including any form of material violation of provisions in the employment agreement, policy, or applicable law 
• Falsifying records
• Harassment 
• Violence

• Discriminatory reasons including pregnancy, race, sex, age, nationality, disability, military reserve duty
• Where the employee has filed a complaint with a legal authority against their employer or an employee of the employer concerning violations of a law at the workplace
• Reasons specified in a collective agreement, employment contract or case law

It is also prohibited to dismiss an employee for any reason in the following periods except in exceptional cases with the permission of the Minister of Industry, Trade and Labour:

• When employees are expecting to adopt children, become foster parents or become parents with the assistance of surrogacy
• When the employee is undergoing fertility treatments
• When the employee is on birth and parenting leave and for 60 days after the end of the birth and parenting leave
• When the employee is on sick leave
• When the employee is absent from work according to instructions of security forces during an attack or other national emergency

How much notice must be given?

For indefinite contracts, the notice period for full-time employees is as follows:

• During 1st year of employment: 1 day for each month during the first 6 months of employment and an additional 2.5 days for every additional month thereafter
• Following completion of at least 1 entire year of employment on a full-time basis: 30 days

Parties can agree on a longer notice period. The length of the notice period will be less for employees paid on an hourly basis. Most employment agreements include a 30 day contractual notice period. 

How is notice given?

In writing.

Is severance required?

Employees who have been continuously employed for one year are entitle to severance at the rate of one month's wage per year of employment.

What is the term of payment?

On the date of termination.

• Company downsizing
• Restructuring
• Other reasons related to the business

How much notice must be given?

For indefinite contracts, the notice period for full-time employees is as follows:

• During 1st year of employment: 1 day for each month during the first 6 months of employment and an additional 2.5 days for every additional month thereafter
• Following completion of at least 1 entire year of employment on a full-time basis: 30 days

Parties can agree on a longer notice period. The length of the notice period will be less for employees paid on an hourly basis. Most employment agreements include a 30 day contractual notice period. 

How is notice given?

In writing.

Is severance required?

Employees who have been continuously employed for one year are entitle to severance at the rate of one month's wage per year of employment.

What is the term of payment?

On the date of termination.

Employees who resign for the following reasons are entitled to severance.

• where an employee resigns due to ill health or the ill health of a family member;
• where a parent resigns within nine months of the birth of a child or adoption of a child under 13 years of age to care for the child;
• where an employee resigns in order to transfer his/her residence after marriage or to work in an agricultural settlement or a settlement in a development area;
• where a fixed-term contract is not renewed by the employer;
• where an employee resigns due to a deterioration in his/her conditions of work or for other labour-relations related issues;
• where an employee resigns to take up national, civil or military service or the Israel Police or the Israel Prison Service;
• where an employee resigns because he/she has been elected head or deputy head of a local authority; and
• if a female employee resigns due to a stay at a shelter for battered women which was approved by welfare services.

How much notice must be given?

1 month.

How must notice be given?

Notice must be shared with the company at least one month prior to the employee’s last day. The resignation letter must be signed.

Is severance required?

Generally employees who resign are not entitled to severance. An employee who has been continuously employed for one year and who resigns for reasons that are deemed dismissal is entitled to severance at the rate of one month's wage per year of employment.

What is the term of payment?

On the date of termination.

• The employee is potentially contentious or litigious
• The Employee cannot be terminated with or without cause
• The employee has negotiated their mutual termination with the client

Parties may agree on the date of termination.

Is severance required?

Parties can negotiate and agree on an amount. The rate of severance pay is usually a month’s wages per year of employment.

What is the term of payment?

On the date of termination of the Employment Agreement.

• Poor performance
• Bad behavior
• Persistent lateness/absence from w

The minimum statutory written prior notice for a full-time employee is one day for each month during the first six months of employment, and two-and-a-half days for every additional month. An employee who has worked for a year or more is entitled to one month's notice.

No severance is due for an employee terminated during the probation period.

1. Non-fulfillment without valid reasons of labor duties by an employee who has an unremoved (outdated) disciplinary sanction (art. 42-6 LCRB);
2. A single gross violation (recognized as such in accordance with legislative acts) of labor duties by an employee (art. 42-7 LCRB). Examples of a gross violation would be; appearing at work intoxicated, consuming alcoholic, narcotics, or psychotropic substances during working hours or in the workplace, theft of the employer’s property, infractions of technical, procedural or work discipline causing damage to the organization, or infractions of the requirements for occupational safety and health causing injury to or death of other employees;
3. Inflicting damage to third parties by an employee as established by a court decision (art. 42-8 LCRB)

How much notice must be given?

No minimal notice is established, but preconditions may apply depending on specific grounds for termination. Please contact Deel. 

How is a notice for termination with cause delivered?

In Belarus, there is no separate notice for termination on the mentioned grounds stipulated. An internal order on the termination must be issued and presented to the employee no later than 5 days after the order was issued. The order must be signed with wet-ink and delivered in person.

If the employee refuses to sign the order and act on the refusal must be drafted in the presence of two witnesses who must sign the act.

Is severance required?

No severance is owed to employees who are terminated with cause in Belarus.

In case of termination by the employee for the violation of the labor law or the labor contract by the employer at least 2 weeks of the average wage of severance is due.

What is the term of payment?

When applicable, severance must be paid on the last date of termination of the Employment Agreement.

1. The mismatch between the employee qualification and the position (art. 42-4 LCRB);
2. The general state of an employee’s health that prevents them from operating in the given position (art. 42-3 LCRB);
3. Absence from work for more than 4 consecutive months due to temporary disability (art. 42-5 LCRB);
4. Business Reasons (Eg. company downsizing, restructuring) (art. 42-1 LCRB)

How much notice must be given?

At least 2 months.

How is a notice for Termination for Redundancy delivered?

In Belarus, there is no separate notice for termination on the mentioned grounds stipulated. An internal order on the termination must be issued and presented to the employee no later than 5 days after the order was issued. The order must be signed with wet-ink and delivered in person.

Is severance required?

The amount of severance depends on the specific reasons:

1. At least 2 weeks of average wage in cases of termination due to:
1. Refusal to continue work due to substantial change in employment terms, the change of employer, or to relocate following the change in employer location.
2. Employee mismatch for the position due to health conditions or inadequate education or qualification.
3. Restoration at work of the previous employee occupying the same position
4. Military conscription of the employee
2. At least 3 months of average wage in cases of termination due to:
1. Liquidation of the organization or its unit
2. Downsizing of the personnel (redundancy)

What is the term of payment?

On the date of termination of the Employment Agreement.

Employees on fixed-term or seasonal contracts may only resign unilaterally based on the following grounds specified in legislation:

1. Disability
2. Illness preventing the work performance in the given function
3. Military conscription
4. Gross violation of the labor law by the employer

In the aforementioned cases, no notice period is required. Employees may initiate the resignation by addressing a written application to the named Company Director, including the following details:

1. Full details of the company (full name, address)
2. Full name of the recipient (the director)
3. The details of the applicant: full name, position, structural department.
4. Expressed intention to terminate the contract on own initiative
5. The exact desired date of the end of the contract (not earlier than within the minimal notice period)

An internal order on the termination is issued based on the application, and must then be countersigned in wet-ink by the employee.

Employees on an indefinite contract may resign by providing 30 days notice. Employees may initiate the resignation by addressing a written application to the named Company Director, including the following details:

1. Full details of the company (full name, address)
2. Full name of the recipient (the director)
3. The details of the applicant: full name, position, structural department.
4. Expressed intention to terminate the contract on own initiative
5. The exact desired date of the end of the contract (not earlier than within the minimal notice period)

An internal order on the termination is issued based on the application, and must then be countersigned in wet-ink by the employee.

Employees on indefinite contracts may resign with 30 days notice

Employees on fixed-term or seasonal contracts may only resign on legislated grounds. No notice is required.

Is severance required?

No severance is owed to employees who are terminated by resignation in Belarus.

What is the term of payment?

If applicable, on the last date of termination of the Employment Agreement.

• The employee is potentially contentious or litigious
• The Employee cannot be terminated with or without cause
• The employee has negotiated their mutual termination with the client

No notice is required

Is severance required?

Mutual termination will always entail the payment of a severance. The amount offered will depend on the circumstances but should be at comparable to the amount offered in Termination for Redundancy.

What is the term of payment?

On the last day of the Employment Agreement.

• Poor performance
• Bad behavior
• Persistent lateness/absence from work (with disciplinary action taken and properly recorded after the first instance).
• A mismatch between the employee experience/qualification and the position requirements.

How much notice must be given?

At least 3 days notice in advance is needed. 

How should notice be given?

Notice must be delivered to the employee for signature or sent to the employee via registered mail.

No severance is owed to employees terminated during the probation period.