• Persistent performance issues, despite opportunities given to improve
• Attendance issues
• Stealing company money or property
• Misconduct, including violating employment agreement or laws
• Falsifying records
• Harassment
• Violence

• Must properly document and substantiate misconduct
• Must explain reasons for termination to the employee
• Must give employee opportunity to inquire about termination

Not required

Not required

Within 7 days after termination

• Written notice of termination (recommended)
• Either delivered personally, left at employee's last known address, or sent by pre-paid post to employee's last known address
• Can be delivered via email if employee agrees

• Business re-organization
• Re-allocation of employee's duties 
• Automation of employee's tasks
• Insolvency

• Must be due to the employee's job no longer needed to be performed by anyone due to operational requirements of the employer's business. 
• Must have consulted about redundancy, in accordance with an applicable modern award or enterprise agreement.
• Must inform Services Australia via written notice if ≥15 employees are being terminated for redundancy.

Depends on employee's years of continuous service and their age.

• ≤ 1 year: 1 week's notice
• ≤ 3 years: 2 weeks' notice
• ≤ 5 years: 3 weeks' notice
• > 5 years: 4 weeks' notice

In addition, employees aged 45 and above with ≥ 2 years of continuous service are entitled to another 1 week's notice.

*For fixed-term employees, no notice period is required.

Allowed

Depends on the employee’s years of service. Subject to modern award, if any.

• < 1 year: None
• ≥ 1 year: 4 weeks' pay
• ≥ 2 years: 6 weeks' pay
• ≥ 3 years: 7 weeks' pay
• ≥ 4 years: 8 weeks' pay
• ≥ 5 years: 10 weeks' pay
• ≥ 6 years: 11 weeks' pay
• ≥ 7 years: 13 weeks' pay
• ≥ 8 years: 14 weeks' pay
• ≥ 9 years: 16 weeks' pay
• ≥ 10 years: 12 weeks' pay + full benefit of long service leave

*For fixed-term employees, their severance entitlement is their remaining contract term.

• Unused vacation and statutory leave days (including those accrued during notice period)

• Either delivered personally, left at employee's last known address, or sent by pre-paid post to employee's last known address
• Can be delivered via email if employee agrees

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

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

At least 1 week's notice*

*Not required for fixed-term employees.

If initiated by employer, valid grounds include:

• Employee not fulfilling employee obligations and duties even after official disciplinary action was taken
• Employee making an act of gross violation (e.g. appearing at work intoxicated, consuming alcohol, drugs at work, theft of company property, violating company procedures leading to damage to the organization, deliberate misconduct leading to safety and health risks for other employees)
• Employee being found guilty or responsible by the court for causing hurt or damage to a third party

If initiated by employee, valid grounds include:

• Employer violation of labour law or the Employment Agreement

If employer is initiating termination, no legal requirements.

If employee is initiating termination, employer is legally required to provide ≥ 2 weeks' severance pay.

• Termination decision must be delivered to employee in person
• A written notice must also be delivered to employee within 5 days of termination decision
• Both parties must be sign written notice with wet ink
• If employee refuses to sign notice, this must be recorded in an act that's drafted in the presence of two witnesses, who must then sign the act

• Employee not qualified for the job
• Employee's state of health
• Absence from work for more than 4 consecutive months due to temporary disability
• Company downsizing, restructuring

• Termination decision must be delivered to employee in person
• A written notice, signed with wet ink, must also be delivered to employee within 5 days of termination decision

• Must be employee on indefinite contract 
• Employees on fixed-term or seasonal contracts can only resign on the following valid grounds:
  • Disability
  • Illness preventing the work performance in the given function
  • Military conscription
  • Gross violation of the labor law by the employer
• Employee must provide a signed resignation letter
• Upon receiving resignation letter, employer must issue an internal order that must be countersigned by resigning employee

• Employees on indefinite contracts: 30 days
• Employees on fixed-term or seasonal contracts with valid grounds: No notice required

• 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

• Must be above legal requirements
• Must be comparable to severance payment for termination for redundancy

No legal requirements. However, a written proposal to initiate mutual termination is recommended.

• 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

• If initiated by employer, they must have valid grounds (see Grounds)
• If initiated by employee, no grounds is required

• Must be delivered to the employee for signature or sent to the employee via registered mail

• Dishonesty
• Recklessness of conduct or malpractice
• Harming reputation or competitiveness of company
• Criminal conviction
• Negligence
• Frequent on-the-job drunkenness
• Breach of privileged company information
• Act of indiscipline or insubordination
• Job abandonment
• Constant gambling
• Loss of professional license due to misconduct
• Threatening national security

• Must carry out disciplinary actions immediately upon misconduct (e.g. warning, suspension, dismissal)
• Must provide written notice to employee of all disciplinary actions via email

• Any outstanding salary and unused, pro-rated vacation and other entitlements, including 13th salary.

• Can be sent via email
• Digital/electronic signatures allowed

Up to 90 days, based on the length of an employee’s service.

• < 1 year of service: 30 days' notice
• For each additional year of service: Additional 3 days' notice

Employer must either give 30 days' working notice and pay employee for any remaining days of notice, or pay the employee for the entire legal notice period.

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

*Vacation and statutory leave will be accrued during the notice period. Any unused leave must be paid out.

Allowed. Must be either:

• 30 days' working notice + payment for remaining notice period; or
• Full payment for entire notice period (up to 90 days)

Yes, required:

• Outstanding salary for days worked
• Payment for unworked legal notice period, unused annual vacation and other applicable entitlements including 13th salary
• 40% of the FGTS (Social Security Fund) balance
• Payment of ⅓ of any Vacation Bonus balance

Employee must submit a handwritten resignation letter signed in wet ink, in addition to signing the resignation letter on the Deel platform.

• Outstanding salary for days worked
• Payment for unused annual vacation and other applicable entitlements including 13th salary
• Payment of ⅓ of any Vacation Bonus balance

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

Yes, required:

• Outstanding salary for days worked
• ≥ 50% payment for unworked legal notice period, unused annual vacation and other applicable entitlements including 13th salary
• 20% of the FGTS (Social Security Fund) balance
• Payment of ⅓ of any Vacation Bonus balance

10 days after termination

• 50% of salary that would have been earned through the remainder of the probation period

• Outstanding salary for days worked
• Payment for unused, pro-rated annual vacation and other applicable entitlements
• 40% of the FGTS (Social Security Fund) balance

• Can be sent via email
• Digital/electronic signature allowed

• Attendance issues, including absenteeism and lateness
• Stealing company money or property
• Misconduct from violating employment agreement, policy or the law
• Falsifying records
• Workplace harassment and violence
• Dishonesty, including fraud, theft, breach of trust, deception
• Insubordination and insolence

*Job performance issues are generally not accepted grounds

• Must provide clear, irrefutable evidence from a robust investigation on the alleged cause for termination
• Must prove the alleged cause was in clear violation of company conduct, employment laws or the Employment Agreement

• Can be sent by email
• Digital/electronic signatures allowed

• Company downsizing or restructuring
• Employee performance issues 
• Lack of organisational and cultural fit
• Any other situation that cannot be justified as termination with cause

Must not be a protected employee (e.g. disabled, pregnant) as defined by provincial law

Varies based on provincial law

• Legally required severance amount varies, based on provincial law and amount of time it will take for employee to find another job
• Additional severance is recommended to provide release from potential future claims

• Can be sent via email

• Digital/electronic signatures allowed

• Employee must provide a signed resignation letter
• 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.

• 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

• Termination must not constitute discrimination
• Employee must not have additional legal protections (such as a disability, pregnancy, or a union)

• Attendance issues
• Stealing company money or property
• Misconduct in violation of Employment Agreement, policy or law
• Falsifying records
• Harassment
• Violence

Must conduct a robust disciplinary process as required by law

• Can be sent via email
• Digital/electronic signatures allowed

• Generally any reason is accepted, as long as it does not infringe the employee's constitutional or employment rights (e.g. union protections, discrimination)

*Pregnancy or illness may not be valid grounds, depending on the case.

• Must inform Deel of all the facts and circumstances in order to proceed

For employees on indefinite contracts, based on years of service:

• ≤ 1 year of service: 30 days' pay
• For each additional year of service: 20 days' pay

For employees on fixed-term contracts:

• 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. 

*Note: Additional payment may be required to secure release from potential future claims.

• Can be sent via email
• Digital/electronic signatures allowed

• 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

• 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

Employees do not need valid grounds to initiate termination during probation period.

Employers must have valid grounds related to employee's job performance or behavior:

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

If initiated by employer:

• Employee must have been sentenced for a criminal offense to a term of over one year, or ≥6 months for a criminal offense in relation to their job
• Employee must have committed gross misconduct (e.g. damaging employer property, theft, unwarranted physical or verbal aggression towards the employer or colleague)

If initiated by employee: 

• Employer did not enable employee to carry out more suitable work due to a change in employee's health or medical condition, within 15 days of being notified by employee
• Employer did not pay employee a salary or compensatory pay, whether in whole or in part, within 15 days from the due date

If initiated by employer:

• Termination must be made in writing with reason factually stated in the notice
• Employer cannot terminate an employee who is pregnant, on maternity or paternity leave, or parental leave
• Employer must terminate employee within 1 year of discovering basis for termination

If initiated by employee: 

• Employee may terminate their employment within two months after discovering basis for termination, or within 1 year after the relevant fact occurred

Yes, required if initiated by employee:

• Average earnings for a period equal to their length of notice period 

• Written notice
• Recommended to deliver the termination notice personally, as there may be problems with validity of delivery of such notice via post.
• If these requirements are not fulfilled, the dismissal is considered invalid.

• Business closure
• Business relocation
• Employee's job no longer exists due to redundancy or restructuring
• Employee unable to fulfill job duties due to medical condition or occupational disease, or threat of occupational disease or illness
• Poor job performance (even after being given opportunity to improve)
• Employee breaching their legal obligations in relation to their job

Must not terminate employees who have been/are:

• Medically certified to be temporarily unfit for work
• Called up for military exercises or public office
• Pregnant or on maternity, paternity or parental leave
• Night workers deemed temporarily medically unfit for night work

Yes, required for redundancy or business reasons.

• <1 year of service: 1 month's average salary
• ≥1 year of service: 2 month's average salary
• ≥2 years of service: 3 month's average salary

If employee is being terminated for personal reasons, no severance is required.

Written notice delivered personally to employee.

• 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

• If initiated by employer, cannot be during the first 14 days of temporary disability of employee 
• Party initiating termination must provide a written notice.

• Performance issues
• 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

Note: Ordinary sickness does not justify termination with cause. However, dismissal owing to the employee's sickness absence may very well be considered fair depending on the specific circumstances at hand including the duration of the sickness absence, the opportunities for the employee to take up the work again and the problems caused to the employer's operations due to the employee's absence.

• If due to conduct or employee or performance issues, employer must have issued one or more written warnings to allow employee the opportunity to remedy the situation and avoid termination, before employer can consider termination
• Must have carried out a disciplinary process.

• Up to 5 months of service: 1 month's notice
• Up to 2 years and 9 months: 3 months' notice
• Up to 5 years and 8 months: 4 months' notice
• Up to 8 years and 7 months: 5 months' notice
• >8 years and 7 months: 6 months' notice

Note:

• Notice period must be given to expire on the last day of any calendar month.
• The employee may, on the other hand, terminate the employment by giving one month's notice regardless of the length of employment.
• Any such notice must be given to expire on the last day of any calendar month.
• The parties may agree to extend the notice periods set out above (i.e. the one month notice period to be given by the employee and the one to six months' notice period to be given by the employer) as long as the extension of the notice to be given by the employer is extended by at least as much as the extension of the notice to be given by the employee.
• An employer and an employee may agree on a trial period of a maximum of 3 months, during which, either party may terminate the employment by giving 14 days' notice. The 14 days' notice period must expire before the expiry of the trial period. If the parties have not specifically set out that either party may terminate the employment by giving 14 days' notice during the notice period, the employee may terminate the employment without notice during the trial period but the employer must observe the 14 days' notice period.

• Written notice, sent via post mail
• Signature in wet ink or electronic signature

• Generally, the employer has discretion to select the employees who is redundant, and the employer is not required to use specific selection criteria.
• However, if the affected employees enjoy special protection against termination, the employer will typically need to justify having selected the protected employee instead of another employee and to demonstrate that no suitable alternative position was available at the time of termination.

• Up to 5 months of service: 1 month's notice
• Up to 2 years and 9 months: 3 months' notice
• Up to 5 years and 8 months: 4 months' notice
• Up to 8 years and 7 months: 5 months' notice
• >8 years and 7 months: 6 months' notice

Note:

• Notice period must be given to expire on the last day of any calendar month.
• The employee may, on the other hand, terminate the employment by giving one month's notice regardless of the length of employment.
• Any such notice must be given to expire on the last day of any calendar month.
• The parties may agree to extend the notice periods set out above (i.e. the one month notice period to be given by the employee and the one to six months' notice period to be given by the employer) as long as the extension of the notice to be given by the employer is extended by at least as much as the extension of the notice to be given by the employee.
• An employer and an employee may agree on a trial period of a maximum of 3 months, during which, either party may terminate the employment by giving 14 days' notice. The 14 days' notice period must expire before the expiry of the trial period. If the parties have not specifically set out that either party may terminate the employment by giving 14 days' notice during the notice period, the employee may terminate the employment without notice during the trial period but the employer must observe the 14 days' notice period.

Yes, required if employee has ≥12 years' service:

• >12 years and <17 years of service: 1 month's salary
• ≥17 years of service: 3 months' salary

• Written notice
• Signature in wet ink or electronic signature

1 month, or as otherwise stated in employment agreement

Note: Any such notice must be given to expire on the last day of any calendar month.

• 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

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

• Probation must not be longer than 3 months
• Notice period must expire before the end of the probation period

Usually at least 14 days, or as stated in employment agreement.

Note: If employment agreement does not state that 14 days notice is required, employee can terminate during probation period without giving notice. However, if initiated by the employer, they must provide 14 days' notice to the employee.

Valid grounds for employee to initiate:

• Employer harassment
• Considerable delay in salary payment
• Continued employment poses a real threat to the employee's life, health, morals, or reputation

Valid grounds for employer to initiate:

• Health issues impacting job performance (e.g. > 4 months' absence from work)
• Employee not being skilled enough, unsuitable for job, or unable to adapt to job requirements
• Breach of duties, e.g. disregarding employer’s reasonable instructions and warnings
• Working in a state of intoxication
• Theft, fraud etc
• Causing a third party’s distrust in the employer
• Damaging employer’s property or causing a threat of such damage
• Breach of confidentiality or restriction of trade

If initiated by employer, employer must:

• Substantiate termination with proof of cause
• Notify the employee of the grounds for their termination in writing

If initiated by employee, no legal notice period is required.

If initiated by employer, legal notice period depends on years of service:

• < 1 year: ≥ 15 calendar days' notice
• < 5 years: ≥ 30 calendar days' notice
• < 10 years: ≥ 60 calendar day's notice
• > 10 years: ≥ 90 calendar days' notice

*Legal notice period may not be required in cases where it would not be reasonable in the specific circumstances.

If initiated by employee, employer may be required to pay severance.

If initiated by employer, no severance is required.

Can be sent to employee directly or via post, with wet ink signature; or via email with digital/electronic signature

• Decrease in the work volume, re-organization 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

• Before initiating this termination method, employer must offer other work to the employee and if necessary organize in-service training

• Changes in employee's working conditions may also be required unless this would cause hardship for the employer

• Employee must not be pregnant or raising children < 3 years old

Depends on length of service:

• < 1 year: ≥ 15 calendar days
• < 5 years: ≥ 30 calendar days
• < 10 years: ≥ 60 calendar days
• > 10 years: ≥ 90 calendar days

*Legal notice period may not be required in cases where it would not be reasonable in the specific circumstances.

For employees on indefinite contracts, they are entitled to at least 1 month of average wages when terminated for redundancy.

For employees on fixed-term contracts, they are entitled to severance equal to the amount they would have earned until the expiry of the contract*.

*Except in cases of bankruptcy or a cessation of business

• Delivered directly or via post mail, signed with wet ink; or sent via email, with digital/electronic signature

30 days (or 15 days if during probation)

• 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

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

• Grounds for termination must be consistent with the purpose of probation (that is, assessing whether employee's health, knowledge, skills, abilities, and personal characteristics meet job requirements)

Can be delivered directly to the employee or sent by post mail (signed with wet ink); or sent via email (digital/electronic signature)

• 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.
  

*Professional incompetence and poor performance are generally not valid grounds for termination for disciplinary reasons, unless the poor quality of work or results is caused by wilful absenteeism or misconduct.

• Basis for termination must be justified as defined by law
• Termination must be justified and documented. It is not enough simply to allege or believe that misconduct has occurred. It must be documented and tested.
• Employer must carry out a formal disciplinary process, which includes notifying the employee of the reasons for their dismissal, and providing the employee with an opportunity to speak in their own defense
• The disciplinary process must be initiated within two months upon discovering facts forming the basis for termination. You should inform Deel immediately upon such discovery.

No legal requirements

• All accrued but unused vacation
• Any other entitlements covered by the employee's Collective Bargaining Agreement (e.g. Réserve financière)

• Lasting inability of an employee to satisfactorily perform a job based on their qualifications
• Failure to meet realistic objectives based on the company's market situation due to employee's professional inadequacy or fault

• Basis for termination must be justified as defined by law
• Employer must initiate and follow through on a formal process, including notifying the employee, disclosing the reasons for the termination and providing the employee an opportunity to offer an explanation 

• Any accrued, unused vacation
• Any other entitlements (e.g. réserve financière)

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

This type of termination can only occur as the result of a formal process that includes a declaration by the doctor-at-work that the continuation of employment would be detrimental to the health of the employee or that their state of health is a barrier to any reclassification of the job. Employers must demonstrate that it is impossible to reclassify the employee, or that the employee has refused reasonable redeployment positions.

For non-work related incapacity the employee is entitled to:

• For the first 10 years of service: 1/4 monthly salary for each year of service
• After the first 10 years of service: 1/3 monthly salary for each year of service

For work-related incapacity (i.e. occupational injury or illness), the employee is entitled to double the severance amount for non-work related incapacity.

As stated in Employment Agreement or Collective Bargaining Agreement. This is usually:

• ETAM: 1 month's notice regardless of seniority
• Executive: 3 months' notice regardless of seniority

*The employer can exempt the employee from serving the notice period.

• 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

Must follow a formal procedure that includes notifying and obtaining the approval of the relevant Regional Directorate for Economy, Employment, Labor, and Solidary (DREETS)

Minimum severance amount is determined 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*.

*Following a negotiated mutual termination agreement, either party has 15 days to withdraw from the agreement without giving any reason. For this reason, negotiated mutual terminations may include a severance greater than the required minimum.

• All accrued, unused vacation
• Any other entitlements (e.g. réserve financière)

• Must not be a protected employee (e.g. elected staff representatives cannot terminated during the probation period without the approval of the Labor Inspectorate)
• Must not be an employee with work-related injuries or illnesses, except in cases of serious misconduct or for reasons demonstrably not connected to the illness or injury
• Must not be discriminatory, including for sick leave or by reason of pregnancy

If initiated by employer:

• <8 days of service: 24 hours' notice
• 8 days to 1 month of service: 48 hours' notice
• 1 to 3 months of service: 2 weeks' notice
• >3 months of service: 1 month's notice

If initiated by employee:

• < 8 days of service: 24 hours' notice
• > 8 days of service: 48 hours' notice

• Any accrued, unused vacation
• Employee's réserve 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

• The misconduct must be so serious that it makes the continued employment relationship untenable, even temporarily.
• Must follow a disciplinary process* which usually requires notifying employee on the facts that led to an initiation of the process, and a warning that termination could result. Except in cases of the most serious misconduct, employees should be given an opportunity to modify their behavior to avoid termination.
• Disciplinary process must be initiated within 2 weeks upon discovering the facts forming the basis for termination

• Must be written notice of termination signed with wet ink
• Can be personally delivered, or deposited in the mailbox at employee's home address.
• Must have proof of delivery. If sent by post, a registered letter is required
• The employee is not required to sign the letter, but if the letter is delivered personally it is normal practice to request a signature.

• Company downsizing or restructuring
• Technology improvements and developments

• Must be expressly justified to be compliant with the law

If terminating an employee due to redundancy, the employer must:

• Fulfill certain obligations in selecting employees to terminate (e.g. ensuring that there are no other vacancies in the company that can be filled by the employee)
• Select employees to be made redundant based on certain social criteria, known as Sozialauswahl. Length of service, age, existing maintenance obligations such as child support, and other factors related to the impact of the termination must be considered. The selection must made among employees with the same skill and job level.
• State in termination notice to employee that the termination is based on operational or business reasons
• Provide at least 3 weeks' notice for employee to contest the validity of the termination with the labor court

Varies depending on the employee's length of service.

• < 2 years of service: 1 month's notice
• ≥ 2 years of service: 2 months' notice
• ≥ 5 years of service: 3 months' notice
• ≥ 8 years of service: 4 months' notice
• ≥ 10 years of service: 5 months' notice
• ≥ 12 years of service: 6 months' notice
• ≥ 15 years of service: 7 months' notice

Note: In Germany, the notice period begins on the 15th day or the end of the calendar month.

Yes, required if employee has been employed for >6 months and if company has >10 employees. 

• For each year of service: 1/2 month's pay
• Note: Any period of service of >6 months is considered a full year.

• Must be delivered in writing and signed with wet ink
• Can be personally delivered or deposited at employee's mailbox at their home address 
• Must provide proof of delivery of termination notice
• If notice is sent by post, a registered letter is required
• Employee is not obligated to sign the notice letter, but if letter is delivered personally, it is normal practice to request a signature.

4 weeks (2 weeks if employee resigns during probation period)

• The Employment Agreement is on a 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

Yes, required. Usually includes payment equivalent to the sum of the notice period and an incentive (usually 1.5 months per year of service) for the mutual agreement.

The incentive is calculated based on length of service, professional level, and an indemnity against allegations of unfair dismissal.

For employees on fixed-term contracts, severance amounts must be at least equal to what the employee would have earned from the remainder of the contract.

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

• Must be delivered in writing and signed with wet ink
• Can be personally delivered or deposited at employee's mailbox at their home address 
• Must provide proof of delivery of termination notice
• If notice is sent by post, a registered letter is required
• Employee is not obligated to sign the notice letter, but if letter is delivered personally, it is normal practice to request a signature.
• Cause for termination does not need to be stated in termination notice

• Employee's refusal to work
• Misconduct, including any form of material violation of provisions in the employment agreement, policy, or applicable law
• Attendance issues
• Stealing company money or property
• Breach of the duty of loyalty or faith
• Falsifying Records
• Harassment
• Violence

For fixed-term contracts, no legal requirements.

For indefinite contracts, severance amount depends on years of service:

• 1-4 years of service: 2 months' salary
• 4-6 years of service: 3 months' salary
• 6-8 years of service: 4 months' salary
• 8-10 years of service: 5 months' salary
• 10 years of service: 6 months' salary
• 11 years of service: 7 months' salary
• 12 years of service: 8 months' salary
• 13 years of service: 9 months' salary
• 14 years of service: 10 months' salary
• 15 years of service: 11 months' salary
• 16 years and above of service: 12 months' salary

Note: If employee committed a criminal offense and employer had filed a criminal complaint against them, the employee can be terminated without severance.

On date of termination.

However, if severance is >2 months' salary, employer can choose to:

• Pay the severance on the date of termination; or
• Make partial payments with the first payment being 2 months' salary on the date of termination, and the remaining amount paid in bimonthly installments (with each installment equivalent to 2 months' salary, unless the remaining severance is of a lower amount)

• Statutory document must be personally delivered
• Signature must be in wet ink
• Employee must sign the notice, or the document will be served through a court bailiff
• Thereafter, the document and proof of delivery must be electronically submitted to the labor authorities within 4 working days

• Business reasons (e.g. company downsizing or restructuring)
• Performance issues
• Economic reasons
• Technical reasons

For redundancy:

• Must be carried out in good faith (i.e. position must be genuinely redundant and there are no other vacancies in the company for the employee to be transferred to)
• Selection of employee for redundancy must be primarily based on skills, qualifications, work performance. Social-economic criteria (e.g. seniority, age, existing obligations) should only be considered secondarily.
• Selection should be based among employees with the same skillset and expertise

For performance issues:

• Must have assessed employee objectively and provide employee with opportunity to improve their performance if possible
• Must consider alternative measures before resorting to termination
• It is recommended to issue a warning to the employee first, before considering termination

Optional. If employer chooses to notify employee before termination, the statutory requirements are:

• 1-2 years of service: 1 month's notice
• 2-5 years of service: 2 month's notice
• 5-10 years of service: 3 month's notice
• ≥10 years of service: 4 months' notice

For indefinite contracts, severance amount depends on years of service:

• 1-4 years of service: 2 months' salary
• 4-6 years of service: 3 months' salary
• 6-8 years of service: 4 months' salary
• 8-10 years of service: 5 months' salary
• 10 years of service: 6 months' salary
• 11 years of service: 7 months' salary
• 12 years of service: 8 months' salary
• 13 years of service: 9 months' salary
• 14 years of service: 10 months' salary
• 15 years of service: 11 months' salary
• 16 years and above of service: 12 months' salary

Note: If employer provides statutory notice (see above), severance owed is reduced by 50%.

On date of termination.

However, if severance is >2 months' salary, employer can choose to:

• Pay the severance on the date of termination; or
• Make partial payments with the first payment being 2 months' salary on the date of termination, and the remaining amount paid in bimonthly installments (with each installment equivalent to 2 months' salary, unless the remaining severance is of a lower amount)

• Statutory document must be personally delivered
• Signature must be in wet ink
• Employee must sign the notice, or the document will be served through a court bailiff
• Thereafter, the document and proof of delivery must be electronically submitted to the labor authorities within 4 working days

• Can be either explicit (i.e. verbal or written) or tacit (i.e. employee abandons their position with prolonged unjustified absense)
• In situations of tacit resignation, employer must send a written notice to employee requesting their return within a certain period of time. If employee fails to comply, this will be considered as a tacit resignation.
• Employee signature is required on the standard resignation form. If employee refuses to sign it, the form must be served through a bailiff. Therafter, the form and proof of delivery must be electronically submitted to the labor authorities within 4 working days.

For fixed-term contracts, no notice required.

For indefinite-term contracts:

• 0-12 months: No notice required
• 1-2 years of service: 15 days' notice
• 2-5 years of service: 30 days' notice
• 5-10 years of service: 45 days' notice
• ≥10 years of service: 60 days' notice

• The employee is on a fixed-term contract
• The employee is potentially contentious or litigious
• The employee cannot be terminated with or without cause
• The employee has negotiated their mutual termination

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

• Probation period is usually first 12 months from the commencement of the employment.
• No cause required

• Serious performance issues
• Attendance issues
• Stealing company money or property
• Misconduct or violation of employment agreement or law
• Falsifying Records
• Harassment
• Violence

• Employer must provide a written notice of the termination grounds to the employee, set up a panel to investigate the issue and allow employee a chance to explain. Thereafter, if the panel is satisfied with the grounds of termination, they may proceed with the termination for cause.
• Proof of cause must be highlighted in the company handbook.

• Electronic signature is allowed

• Redundancy
• Poor job performance

If due to redundancy, there must be a real redundancy i.e. employee's job is no longer available or existing.

If due to poor performance,

• Employer must have objective and quantitative evaluations of employee performance.
• The employee must have received prior notice of these evaluation criteria, and given the opportunity to improve with a Performance Improvement Plan (PIP). Termination can only be carried out if there is no improvement in the employee's performance.

Yes, required if employee has been in continuous service for at least 2 years. 

• For every year of service: 2/3 of monthly salary, or 2/3 of HK$22,500, whichever is less
• Total severance is capped at HK$390,000

• Written notice
• Electronic signature is allowed

Employees with ≥5 year's continuous service are entitled to Long Service Payment (LSP) if they resign due to illness or if they are 65 years old and above.

• Business reasons (e.g. downsizing, restructuring)
• 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 legal requirements, however it is recommended to only terminate an employee during probation based on:

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

Termination must not be based on a prohibited ground, such as discrimination based on sex, race, pregnancy, marital status, family status, or disability.

• If within 1st month, no notice required
• If after 1st month, 7 days' notice

• Employee’s ability (including professional and health-related ability)
• Employee’s behavior relating to the employment
• Employer's operations (i.e. redundancy)

• If terminating due to redundancy, depending on the number of employees affected, the authorities may need to be informed and involved before terminations can be carried out.
• Employer must be prepared to prove that their reason for termination is true and factual, clear and reasonable.
• Employer must justify the termination reason and notify employee on available remedies and their time limits.
• If due to employee breach of duty, employer must carry out an internal investigation. Any disciplinary action must be carried out within 15 days of the conclusion of the investigation, and within 1 year of the employee's breach of duty (or 3 years for executives). If the breach of duty is criminal, the disciplinary action must take place within the statutory limitations for criminal liability.
• Must not be applied to protected employees (e.g. pregnant employees, employees on maternity or unpaid parental leave, employees on military service, a woman receiving fertility treatment)

Employees are entitled to 30 days' notice, and additional notice based on their years of continuous service:

• >3 years of service: 5 additional days' notice
• >5 years of service: 15 additional days' notice
• >8 years of service: 20 additional days' notice
• >10 years of service: 25 additional days' notice
• >15 years of service: 30 additional days' notice
• >18 years of service: 40 additional days' notice
• >20 years of service: 60 additional days' notice

Note:

• For terminations due to illness, notice period cannot be applied during the time the employee is off work due sickness/illness.
• Notice period starts the next day after the written notification is given to the employee.

If due to misconduct or employee's professional inability, if the employee is a pensioner, or if there is no successor for the employee’s job, no severance is required.

Otherwise, severance is required:

• ≥3 years of service: 1 month’s pay
• ≥5 years of service: 2 month’s pay
• ≥10 years of service: 3 month’s pay
• ≥15 years of service: 4 month’s pay
• ≥20 years of service: 5 month’s pay
• ≥25 years of service: 6 month’s pay

Note:

• Severance amount may be higher, as per the Employment Agreement.
• If the employment relationship is terminated within 5 years of the employee reaching the age limit for old-age pension, the amount of severance pay will increase by additional 1-3 months.
• Severance amount may differ for employees in the public sector.

• If either party significantly violates a substantial employment obligation, either wilfully or through gross negligence;
• If either party acts in a way that renders the continuation of the employment relationship impossible.

• Written notice
• If notice is being sent by post and employee refuses to receive it, then employer should try to deliver it again, and after the 2nd delivery, the 5th day will be the termination date

• Pay until last day of work
• Pro-rated payment for any accrued and unused holidays, if any
• Bonus, if any

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

No legal requirements

• Probation period must not be longer than 3 months.
• If the probation period is shorter than 3 months, parties are allowed to extend the probation period once, up to 3 months in total.

• Inattention or negligence in performing job duties
• Repeated failure to follow lawful directions
• Breach of Employment Agreement
• Unethical business conduct, theft or misappropriation of property
• Breach of any statutory duty or harming the business or company's reputation
• Any form of harassment, including sexual harassment
• Unauthorized disclosure of confidential business information
• Habitual, uninformed and unauthorized absence from work for more than 8 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
• Falsifying employment or any other company records, submitting fraudulent claims

• Must conduct a fair and detailed inquiry before termination can take place
• Must give employee reasonable notice of the allegations against them and an opportunity to be heard in their own defence before an impartial tribunal

• Can be sent by email
• Signatures can be digital/electronic

• Must document facts forming basis for termination
• Process must follow judicial precedents
• Employer must have a clear set of criteria for evaluating performance, and communicate specific instances of poor performance to the employee in writing
• Employer must set clear goals for employee to achieve within a reasonable time-frame in their Performance Improvement Plans (PIP) for the employee. If despite these measures an employee’s performance fails to improve, an employer may have grounds to terminate the employee
• At each step, it is critical to have documentation that demonstrates the employee was made aware of the issues with their performance, was provided sufficient time and support to improve, and specify in what ways they failed to do so.

• If terminating within first 6 months of employment, no notice needed
• If terminating after 6 months of employment, ≥ 30 days' notice

Yes, for employees who have ≥ 1 year of continuous service (i.e. 240 working days).

• For each year of continuous service: 15 days' average pay*

*Average pay = Average of 3 months prior to termination

Employees who have ≥ 1 year of continuous service are also entitled to statutory payments (e.g. pay-in-lieu of notice, leave encashment, gratuity).

• Can be sent by email
• Signatures can be digital/electronic

Employee must submit a resignation letter signed with wet ink ≥ 4 weeks before their last day.

• 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

• Can be sent by email
• Signatures can be digital/electronic

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

• Must communicate reasons for termination in a termination letter and in person

• If during first 6 months of probation: No notice required
• If after first 6 months of probation: ≥ 30 days' notice or as stated in Employment Agreement

• Can be sent by email
• Signatures can be digital/electronic
• Termination will still be valid even if employee refuses to sign notice

• Repeated minor mistakes including poor performance, breach of company regulations or the Employment Agreement
• Being absent from work for ≥ 5 days without explanation, or illness or injury of ≥ 12 months
• Gross misconduct including assault, threats, intimation, theft, intoxication or gambling on the job

• Must provide employee a written warning on breach of Employment Agreement, company policies, poor performance or chronic absenteeism
• Written warning must include the following details:
  • Details of misconduct 
  • Specific provisions of Employment Agreement or company policy that have been breached
  • Warning that employee will be terminated if their misconduct or performance is not corrected
• Employer must follow a process of escalating warning letters before termination, with 3 letters being the norm unless stated otherwise in the Employment Agreement
• In most cases, warning letters expire after 6 months. Further breaches after 6 months require initiating a new process of escalating warning letters prior to termination
• For poor performance reasons, employer must also follow a disciplinary process before termination
• Must notify the relevant Ministry of Manpower office if termination is carried out

• Repeated minor mistakes: 14 working days
• Absence from work: 14 working days
• Gross misconduct: No notice period

Severance is required if:

• Employee violated their Employment Agreement or company regulations and has been served a 1st, 2nd and 3rd consecutive warning

Severance is not legally required if:

• Employee is being terminated for criminality or unexcused absences from work

Severance amount consists of:

• Basic severance payment*
• Length-of-service award
• Compensation for any accrued, unused annual leave
• Any other additional compensation as per the employee's Employment Agreement or company regulations

Basic severance payment* is based on years of service:

• < 1 year: 1 month's pay**
• ≥ 1 year: 2 months' pay
• ≥ 2 years: 3 months' pay
• ≥ 3 years: 4 months' pay
• ≥ 4 years: 5 months' pay
• ≥ 5 years: 6 months' pay
• ≥ 6 years: 7 months' pay
• ≥ 7 years: 8 months' pay
• ≥ 8 years: 9 months' pay

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

*Employees who violated their Employment Agreements or company regulations and have been served a 1st, 2nd and 3rd consecutive warning may only be entitled to 50% of the basic severance payment.

**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.

Can be personally delivered to the employee, or sent via email, registered mail or private courier to the employee's last known address.

• 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

• Employer must adhere to a specific legal process that includes written notice to the employee of all the facts and circumstances that led to the termination, as well as notice to the relevant Ministry of Manpower office.
• For terminations due to business reasons other than the partial or complete closure of the business, employers must prove that they have taken measures to avoid redundancies, such as reducing overtime work or cutting the pay of managers and directors.
• Redundancies must be treated as a last resort.

Yes, required. Severance amount consists of:

• Basic severance payment**, based on employee's years of service:
  • < 1 year: 1 month's pay*
  • ≥ 1 year: 2 months' pay
  • ≥ 2 years: 3 months' pay
  • ≥ 3 years: 4 months' pay
  • ≥ 4 years: 5 months' pay
  • ≥ 5 years: 6 months' pay
  • ≥ 6 years: 7 months' pay
  • ≥ 7 years: 8 months' pay
  • ≥ 8 years: 9 months' pay
• Length-of-service award, based on employee's 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
• Compensation for any accrued, unused annual leave
• Any other additional compensation as per the employee's 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.

• 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

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

In Indonesia, the probation period must not be extended or repeated.

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

• Must be the result of a fair disciplinary process that includes an investigation, a disciplinary hearing, and a right of appeal. Employees should be made aware of the allegations against them in advance and afforded the right to be represented.
• Disciplinary outcomes start with oral and written warnings and escalate to suspension, demotion, and eventually termination.
• This process is essential in Ireland, and failure to follow it can result in a claim of unfair termination.

Depends on employee's length of continuous service:

• 13 weeks' to 2 years' service: 1 week's notice 
• 2 to 5 years' service: 2 weeks' notice
• 5 to 10 years' service: 4 weeks' notice
• 10 to 15 years' service: 6 weeks' notice
• ≥ 15 years' service: 8 weeks' notice

Note: In cases of serious misconduct, employees can be dismissed without notice.

Yes, required.

• For each year of continuous service: 2 weeks' pay
• Employee is also entitled to an additional 1 week of pay
• Each week of pay is capped at €600

• Can be sent by email
• Signatures can be digital/electronic

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

Employer must offer employee another job within the organization before making employee redundant.

Depends on employee's length of continuous service:

• 13 weeks' to 2 years' service: 1 week's notice 
• 2 to 5 years' service: 2 weeks' notice
• 5 to 10 years' service: 4 weeks' notice
• 10 to 15 years' service: 6 weeks' notice
• ≥ 15 years' service: 8 weeks' notice

Yes, required.

• For each year of continuous service: 2 weeks' pay
• Employee is also entitled to an additional 1 week of pay
• Each week of pay is capped at €600

• Can be sent by email
• Signatures can be digital/electronic

• If employee has worked for <13 weeks, no notice required
• If employee has worked for >13 weeks, 1 week notice

• 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

Depends on the employee's length of service:

• ≥13 weeks' service: 1 week's notice
• 2 years' service: 2 weeks' notice
• 5 years' service: 4 weeks' notice
• 10 years' service: 6 weeks' notice
• 15 years' service: 8 weeks' notice

• Can be sent via email
• Digital/electronic signatures are allowed

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

• 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

• Employer must follow a fair process as required by law
• Employees are entitled to a hearing where they can defend themselves before termination takes place, and termination must be considered and cannot be rendered immediately.
• Termination must not be discriminatory, infringe any applicable collective agreement or law, or affect a protected employee (e.g. employees on sick leave)

• 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 ≥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.

Yes, required.

• For indefinite contracts, for employees with ≥1 year's continuous service, at 1 month's pay per year of employment. 
• For fixed-term contracts, the amount of salary the employee would have earned for the remaining contract term.

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

• Employer must inform and consult employees (usually via an employee representative body) in good faith about redundancies, before any final decision is made.
• Employees should be given details on the potential redundancies, such as financial situation of the employer if the redundancies are driven by low profit.
• Employer must also fulfil their obligations for terminations in general (e.g. hold personal hearings with each employee).

• 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 ≥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.

Yes, required.

• For indefinite contracts, for employees with ≥1 year's continuous service, at 1 month's pay per year of employment.
• For fixed-term contracts, the amount of salary the employee would have earned for the remaining contract term.

1 month. Employee must continue to work during this period*.

*If employee does not, the employer can pursue damages against the employee equal to one month's salary.

Generally not legally required.

However, in some circumstances, employees who have ≥1 year's service are entitled to severance of 1 month's pay per year of employment. These include:

• 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.

• 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

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

• During first 6 months of employment: 1 day for each month
• For every additional month thereafter: 2.5 days 
• If ≥1 year of employment: 1 month's notice 

• Gross misconduct
• Gross negligence 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

Employer must follow a prescribed disciplinary procedure before they can terminate an employee with cause:

1. A letter detailing the allegations against the employee, including all known facts underlying the allegation must be sent to the employee.
2. The letter must bear a wet ink signature and be delivered by hand or by post.
3. The employee has five days to submit a written response to the allegations.
4. The employer then has 15 days to dismiss the employee without further notice.

• Can be sent by email
• Signatures of both parties can be digital/electronic

• Objective reasons such as business decisions related to restructuring or re-organization of the company, redundancy and other economic factors
• Subjective reasons such as less serious contractual breaches (e.g. underperforming or a failure to comply with job obligations)
  • Note: Underperformance as a basis for termination is extremely difficult under Italian law. An employee’s only obligation is to perform the job. There is no obligation under law to do it well or drive results for the employer.

• If terminating due to business reasons, employers must demonstrate the reasons and that no other suitable positions are available.
• Must not terminate an employee on sick leave, maternity leave or in the first year of parenthood

As stated in Employment Agreement. Otherwise, depends on the employee’s length of service and their level.

Yes, allowed

• Employee must provide a signed resignation letter.
• To be valid, resignations and mutual consent terminations can only be implemented in electronic form provided by Labor Ministry.

As stated in Employment Agreement. Otherwise, length of notice depends on employee's length of service and level of seniority.

Employer may waive this notice at their discretion.

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

Yes, allowed. Generally this payment includes:

• The equivalent sum of the employee's notice period (as stated in their Employment Agreement)
• 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.

All accrued but unused holidays and paid leaves

• Employer must be able to demonstrate unsuitability in the event of the employee makes a claim against the employer.
• Employee must have worked for a reasonable period of time to allow the employer to evaluate their suitability for the role
• Employee's duties and responsibilities of the role must be clearly stated in the Employment Agreement.

• Serious performance issues
• 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

• Employer must send a written notice of the grounds to the employee, set up a panel to investigate the issue and provide the opportunity for the employee to explain themselves. Thereafter, if the panel is satisfied with the grounds of termination, the termination may be carried out.
• Proof of cause must be highlighted in the company handbook.
• Employer must investigate the grounds for termination thoroughly and obtain legal advice as to the possibility of termination.

• Written notice
• Electronic/digital signatures allowed

• Redundancy
• Underperformance (must be persistent)

For redundancy, the following conditions must be met:

• Employer must be in a poor financial situation
• Employer must have attempted to cut costs and expenses and reassign employees to other positions within the organisation
• Employer must establish appropriate, objective and rational selection criteria
• Employer must follow due process, in particular provide explanations to the affected employees

If the above conditions are not met, employers may want to consider other alternatives e.g. voluntary resignation, early retirement plans (see mutual terminations).

For underperformance:

• Employer must have conducted objective and quantitative evaluations of the employee.
• The employee must have had prior notice of those evaluation criteria.
• This evaluation must be performed regularly and ideally with a Performance Improvement Plan (PIP).
• Termination can only be considered only if there are no improvements in the employee's performance.
• Please note that in Japan, it is very difficult to justify terminating underperforming employees. It can take years of effort to retrain, rotate, counsel, etc the employee in question, before the employer even has a case to terminate for underperformance.

• Written notice
• Electronic/digital signatures allowed

• Business reasons (e.g. redundancy, restructuring, downsizing)
• 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

• Written notice
• Electronic/digital signatures allowed

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

• Must follow same processes for terminations due to poor performance (i.e. repeated warnings, Performance Improvement Plans, retraining, rotation, sustained efforts to keep the employee employed etc)
• This can also take years before a case can be built.

• Written notice
• Electronic/digital signatures allowed

• Good and sufficient cause (no statutory definition for what this would mean, it would be up to a judge to determine on a case-by-case basis)
• Employee reaching the retirement age

• Written notice
• Electronic/digital signatures allowed

If due to redundancy:

When there is more than one employee with identical functions, the selection criteria of which employee to be made redundant must be based on who was engaged most recently (i.e. ‘last in first out’).

Varies depending on length of service:

• 1-6 months: 1 week's notice
• 6 months to 2 years: 2 weeks' notice
• 2-4 years: 4 weeks' notice
• 4-7 years: 8 weeks' notice
• 7-8 years: 9 weeks' notice
• 8-9 years: 10 weeks' notice
• 9-10 years: 11 weeks' notice
• >10 years: 12 weeks' notice

• Written notice
• Electronic/digital signatures allowed

Varies depending on length of service:

• 1-6 months: 1 week's notice
• 6 months to 2 years: 2 weeks' notice
• 2-4 years: 4 weeks' notice
• 4-7 years: 8 weeks' notice
• 7-8 years: 9 weeks' notice
• 8-9 years: 10 weeks' notice
• 9-10 years: 11 weeks' notice
• >10 years: 12 weeks' notice

• The employee is potentially contentious or litigious
• The employee cannot be terminated with or without cause
• The employee has negotiated their mutual termination
• The grounds for termination under Malta’s laws are not crystal clear and there is exposure to a claim
• Other reasons

Varies depending on length of service:

• 1-6 months: 1 week's notice
• 6 months to 2 years: 2 weeks' notice
• 2-4 years: 4 weeks' notice
• 4-7 years: 8 weeks' notice
• 7-8 years: 9 weeks' notice
• 8-9 years: 10 weeks' notice
• 9-10 years: 11 weeks' notice
• >10 years: 12 weeks' notice

• During 1st month of employment and during probation period: No notice required
• After 1st month of employment and during probation period: 1 week's notice

• Written notice
• Electronic/digital signatures allowed

• 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

• Cause for termination must be unquestionably and indisputably proven
• Employer must present the employee with a written document (known as Acta Administrativa) describing the conduct or conducts that motivated the dismissal and the date or dates on which they occurred
• Employee must acknowledge the misconduct and sign the document, accepting the termination
• If employee refuses to sign the document, the employer must initiate a legal process through the courts. Failure to demonstrate legal grounds for termination is considered an unfair dismissal.

• Must deliver a written notice, specifically the Acta Administrativa
• Employee must sign notice to accept termination (see "Compliance requirements" above)

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

• An internal committee must evaluate the employee's knowledge and ability to do their job, and decide whether the employee passes probation
• Terminating an employee during the probation period requires a mutual termination agreement

• Depriving another person of their freedom of choice
• Disclosing a professional secret, causing damage to the company
• The following conduct, where it is performed during work hours and on company property:
  • Theft
  • Breach of trust
  • Substance abuse (Alcohol, narcotics)
  • Aggression
  • Deliberate and unjustified refusal to perform work
  • Unjustified absences of more than 4 days, or 8.5 days in a 12-month period
  • Vandalism (either intentionally or as a result of gross negligence)
  • Material damage
  • Non-adherence to safety protocols
  • Incitement of immoral behaviour
  • Dissemination of confidential data without prior written authorisation

• Employer must follow a specific disciplinary process within 8 days of discovering the misconduct. This includes consulting with the employee and giving them a chance to defend themselves.
• Employer must be prepared to prove existence of misconduct and that proper procedures were followed before termination, in the event of unfair dismissal claims.

• For serious misconduct, no notice required
• For non-serious misconduct:
  • If employee is an executive:
    • <1 year of service: 1 month's notice
    • 1-5 years of service: 2 months' notice
    • >5 years of service: 3 months' notice
    • or otherwise in accordance with employment agreement
  • If employee is not an executive:
    • <1 year of service: 8 days' notice
    • 1-5 years of service: 1 month's notice
    • >5 years of service: 2 months' notice
    • or otherwise in accordance with employment agreement

• Business reasons (e.g. company downsizing, restructuring)
• Performance issues
• Physical incapacity

If due to redundancy,

• Employer must inform the employee's representative, work council/union representative if applicable, at least 1 month before the termination to allow for consultation with employees
• Results of consultations must be documented by employer and signed by both parties. Copies should be provided to both the provincial work delegate and to employee representatives.
• Termination is subject to authorization by the governor of the region within which the entity is based. Application for authorization must be made 2 months before the termination proceedings start

If employee is an executive:

• <1 year of service: 1 month's notice
• 1-5 years of service: 2 months' notice
• >5 years of service: 3 months' notice
• or otherwise in accordance with employment agreement

If employee is not an executive:

• <1 year of service: 8 days' notice
• 1-5 years of service: 1 month's notice
• >5 years of service: 2 months' notice
• or otherwise in accordance with employment agreement

Yes, required for employees with at least 6 months' service:

• For the first 5 years of service: 96 hours of salary per year
• After the first 5 years of service: 144 hours of salary per year
• After the first 10 years of service: 192 hours of salary per year
• After the first 15 years of service: 240 hours of salary per year

If employee is an executive:

• <1 year of service: 1 month's notice
• 1-5 years of service: 2 months' notice
• >5 years of service: 3 months' notice
• or otherwise in accordance with employment agreement

If employee is not an executive:

• <1 year of service: 8 days' notice
• 1-5 years of service: 1 month's notice
• >5 years of service: 2 months' notice
• or otherwise in accordance with employment agreement

• Business reasons (e.g. restructuring, downsizing)
• The employee is potentially contentious or litigious
• The employee cannot be terminated with or without cause
• The employee has negotiated their mutual termination

If employee is an executive:

• <1 year of service: 1 month's notice
• 1-5 years of service: 2 months' notice
• >5 years of service: 3 months' notice
• or otherwise in accordance with employment agreement

If employee is not an executive:

• <1 year of service: 8 days' notice
• 1-5 years of service: 1 month's notice
• >5 years of service: 2 months' notice
• or otherwise in accordance with employment agreement

• Poor performance
• Bad behavior
• Unsuitability of the employee for the role
• Persistent lateness/absence from work

• Termination must be the last resort
• Before considering termination, employee should be consulted regarding any issues and given an opportunity to improve their performance
• Employers should keep a record of any performance reviews conducted and should consider extending the probation period before proceeding with a termination.
• Employer must follow a specific procedure, including a probationary review meeting with employee to inform them that termination is being considered, provide evidence to support concerns, give employee the chance to respond.

As stated in employment agreement. Otherwise:

• For executives with <1 year of service: 1 month's notice
• For non-executive with <1 year of service: 8 days' notice

• 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)

• Must obtain permission of the Dutch court
• Must extensively document basis for termination, including performance improvement plans, accommodations and other measures taken to mitigate the need for termination.

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

In rare cases of fraud, theft, or violence in the workplace it may be possible to terminate an employee with immediate effect.

Yes, required, except in rare cases requiring immediate dismissal (fraud, theft, violence).

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).

• Must obtain permission of the Dutch Unemployment Agency (UWV) to carry out termination
• Must be substantiated in detail and supported with documents. In case of economical reasons: year reports and financials must be handed over.

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.

Allows both the employer and employee to mutually agree to terminate the employee’s employment for any reason.

Note: This termination type allows employers to avoid the formal process of seeking permission from the Courts or the Dutch Unemployment Agency, and is the preferred course of action for any employer wishing to terminate an employee for any reason. 

• Serious misconduct such as violent behavior, bullying, harassment, theft, fraud, behavior that endangers the health and safety of the employee or others, use of illegal drugs at work, dishonesty
• Repeated misconduct or a series of repeated offenses that are not considered serious misconduct but nevertheless contrary to professional behavior
• Persistent poor performance despite repeated attempts at performance management plans

• For misconduct, employer must conduct a fair investigation and initiate a disciplinary process. Employee 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 be provided an opportunity to respond.
• For repeated misconduct, employee must be given sufficient opportunity to improve their behavior.
• For poor performance, employee must have been warned that termination was a potential outcome for continued poor performance.

• A termination letter, signed with wet ink
• Can be delivered by post mail or sent via email
• Signatures can be digital/electronic

• 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

• A written notice, signed with wet ink
• Can be delivered by post mail or sent via email
• Signatures can be digital/electronic

• 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

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

• Business closure
• Reduction of number of employees*
• Employee's health condition or lack of professional qualification preventing them from fulfilling their job duties*
• Employee's repeated failure to fulfill their job duties without a reasonable excuse
• Truancy, turning up at work intoxicated by alcohol or drugs
• Unauthorized disclosure of secrets (state, commercial etc)
• Theft, embezzlement, misappropriation (must be sentenced by a court or an official authorized to apply punishment)
• Violation of labor protection regulations leading to loss of employer's trust in employee
• Immorality
• Making unjustified decision by a chief executive of the organization (branch or representative offices included), assistants of a chief executive of an organization and head accountant, leading to a violation of safety, unjustified usage of organization's property or other damage to organization's property
• Violation of job duties by a chief executive of the organization (branch or representative offices included) or assistants of a chief executive of an organization
• Submitting false documents or information in relation to an Employment Agreement
• Termination of access to state secret, if performed job requires access to state secret
• Any other reason as specified in the Employment Agreement, labour laws or federal laws

*Only considered valid grounds if it is impossible to transfer affected employee to a different job position.

For remote employees, only the following grounds would be considered valid for this type of termination: 

• Not responding to employer, without a justifiable reason, for 2 consecutive workdays
• Employee's relocation preventing them from continuing to fulfill work duties (only for permanent remote employees).
  

• Must not be any of the following protected employees:
  • Pregnant employees (can be dismissed only if company is being wound up; a fixed-term labour contract should be extended until the end of the pregnancy)
  • Employees under 18 years old (can be dismissed only with the consent of the appropriate state labour inspectorate and commission for juvenile affairs and protection of their rights, unless the company is wound up)
  • Employees with ≥2 dependants
• Employer must provide the following when carrying out termination, regardless of termination reason:
  • A written, hard-copy termination notice that has been signed by employer and employee. 
  • Information on employee’s employment in the employer or employee’s workbook, specifying the ground for dismissal. This must also be signed by employer and employee.
  • Payslip specifying the sums to be paid to the employee upon termination. Other documents may be required depending on the grounds for termination.

Varies depending on termination reason.

• If due to redundancy or reduction of personnel, 2 months
• If due to other reasons, including breach of duty, no notice period required

Note: In Russia, the notice period does not depend on the length of employment.

Yes, allowed in cases of business closure or reduction of staff:

• Payment amount is the employee's average earnings, pro-rated based on the notice period

If due to business closure or redundancy:

• Employee is entitled to 1 month's average salary
• If employee is still unemployed within 2nd month after termination, they may apply for 1 more month's average salary
• If employee is still unemployed within 3rd month after termination, they may apply for 1 more month's average salary*

If due to other non-disciplinary reasons/not related to misconduct**, employee is entitled to 2 weeks' average salary.

If due to disciplinary reasons, no severance is required.

*Employee must have applied to the employment service within first 2 weeks of termination, and failed to find a job.

**E.g. Employee having medical condition and declines to be transferred to another job or employer does not have an appropriate job to offer; employee being called to military service (or alternative civil service); reinstatement of an employee who previously occupied that position; employee's refusal to be transferred to a job in another location; employee is recognised as being fully incapable due to their medical condition; employee refusing to continue working following a change in employment agreement.

• Must be sent by post mail in writing and signed with wet ink
• Must be signed by the employee, proving that they received the notice

• Employee must provide a signed, written resignation letter at least 2 weeks before their last day.
• Employee can withdraw their request during the notice period.
• Employer must return the service book and other job-related documents to an employee on the employee's last day of work.

• Business reasons (redundancy, downsizing)
• 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

Employee cannot be forced into a mutual termination agreement; it must be truly mutual.

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

• Written notice
• Must be signed by the employee to prove that they received the notice 

• 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
• Committing 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
• Breach of company rules, regulations, or policies

Employers must follow a multi-step disciplinary process before carrying out termination:

1. Employer must deliver a First Written Notice/Show Cause Notice to the employee with details on the alleged misconduct, the specific company policies or labor code provisions that were breached, and that informs employee that an investigation will be conducted that may lead to their termination.
2. Employee is entitled to request a hearing and, with the support of a representative, respond to the allegations against them, rebut the evidence submitted to support the allegations, and submit evidence in their own defense.
3. Following an investigation, a Second Written Notice/Termination Notice must be delivered.

No legal requirements

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.

Employee is entitled to receive usual salary during period of disciplinary process.

In cases of imminent threat to the employer or co-worker’s life or property, employers may place an employee on unpaid preventative suspension for ≤30 days.

• Must be personally delivered to employee
• If employee refuses, termination notice can be sent via email, registered mail, or private courier to employee's last known address

• 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

• Must be carried out in good faith and not for the purposes of circumventing an employee’s right to security of tenure
• Must be able to substantiate grounds for termination
• Must have fair and reasonable criteria for selecting which employees to terminate
• Must notify the Department of Labor and Employment (DOLE)
• In the case of employee illness or disease:
  • Termination must be because continued employment would not be lawful, or if it would harm health of the employee or their co-workers
  • Must be certified by a competent health authority that the employee's illness or disease is incurable within a period of 6 months even with proper medical treatment.

• If due to business reasons, 30 days
• If due to employee illness or disease, no notice required, but employer must follow a process similar to that for Terminations With Cause

Yes, required. 

• If due to redundancy, ≥1 month's pay or ≥1 month's pay for every year* of service of the employee, whichever is higher. 
• If retrenchment to prevent losses, closure, or disease, ≥1 month's pay or ≥0.5 month's pay for every year* of service of the employee, whichever is higher.
• If due to closure or cessation of operations, no legal requirements.

*A fraction of 6 months' service is considered as 1 whole year.

Final pay for days worked (including during notice period)

• Must be personally delivered to employee
• If employee refuses, termination notice can be sent via email, registered mail, or private courier to employee's last known address

• Employee must provide a signed, written resignation letter
• Employee must sign a release, waiver and quitclaim and this must be notarized

• 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.

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

• Probation period must not exceed 6 months
• Must show that employee was informed of their probation status, the length of the probation period, and the requirements to pass probation
• Must show that employee was assessed based on requirements to pass probation
• Process must be initiated well in advance of the end of the probation period

• Serious violation by the employee of their basic employee duties
• Committing a crime during the term of the employment contract, which makes it impossible to continue the employment, if the crime is obvious or has been confirmed by a final judgment 
• Loss of necessary authorizations for the employee to fulfill their duties, due to the fault of the employee.

• Employer must determine whether the employee's breach of duty was serious (i.e. misconduct or gross misconduct) based on the employee's degree of fault and the risk of infringement of the employer's interests.
• An internal investigation may have to be carried out, with the employee's involvement, including giving them the opportunity to state their case even before termination can be considered.
• If the employee is found guilty of gross misconduct, this would trigger a summary dismissal (i.e. terminating employee immediately without notice). However, this should always be a last resort.
• If employee is found guilty of misconduct, employer can terminate the employee but must provide the appropriate notice period.

Depends on length of service of employee:

• <6 months of service: 2 weeks' notice
• >6 months of service: 1 month's notice
• >3 years of service: 3 months' notice

If due to reasons that are not related to the employee, the employee will be entitled to severance based on their years of service.

• <2 years of service: 1 month's pay
• 2-8 years of service: 2 months' pay
• >8 years of service: 3 months' pay

• Must be delivered to employee in writing
• Signatures can be in wet ink or electronic/digital

Depends on length of service of employee:

• <6 months of service: 2 weeks' notice
• >6 months of service: 1 month's notice
• >3 years of service: 3 months' notice

If due to reasons that are not related to the employee, the employee will be entitled to severance based on their years of service.

• <2 years of service: 1 month's pay
• 2-8 years of service: 2 months' pay
• >8 years of service: 3 months' pay

• Termination notice must be delivered to employee in writing
• Signatures can be in wet ink or electronic/digital

Depends on length of service of employee:

• <6 months of service: 2 weeks' notice
• >6 months of service: 1 month's notice
• >3 years of service: 3 months' notice

• 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

Yes, required. Amount must be higher than what is legally required, to encourage employees to sign the mutual termination agreement. This is usually an additional severance payment of 1 or 2 months' salary, on top of the statutory severance payment*, which is calculated as follows:

• <2 years of service: 1 month's pay
• 2-8 years of service: 2 months' pay
• >8 years of service: 3 months' pay

*Usually required only for terminations not due to employee's fault.

• If probation period < 2 weeks: 3 working days' notice
• If probation period >2 weeks: 1 week's notice
• If probation period >3 months: 2 week's notice

• Illegitimate disobedience to company or a superior's orders
• Violation of co-workers' rights
• Repeated provocation of conflicts with co-workers 
• Repeated lack of interest in fulfilling their job responsibilities
• Harming the company's interests
• Lying about reasons for absence from work
• Unexcused absences from work that directly cause damage or serious risks to the company, or 5 absences in a row or 10 total absences in a calendar year regardless of damage or risk to company
• Failing follow safety and health rules at work
• Physical violence, injuries, or other offences punishable by law against a co-worker or anyone related to the company
• Kidnapping or, in general, a crime against the freedom of a co-worker or anyone related to the company
• Not complying with a judicial or administrative decision
• Abnormal reductions in productivity

• 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)

• Extinction of the job position
• Employee's unsuitability for the work

Depends on the length of service:

• < 1 year of service: 15 days' notice
• ≥ 1 year and < 5 years: 30 days' notice
• ≥ 5 years and < 10 years: 60 days' notice
• ≥ 10 years: 75 days' notice

Note: During the legal notice, the employee is entitled 2 days off work per week, without any impact on their usual salary. These hours can be divided by some or all days of the week, at the initiative of the employee.

• For indefinite contracts, 14 days' pay for each year of service
• For fixed-term contracts, 24 days' pay for each year of service

• 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)

• ≤ 2 years' of service: 30 days' notice
• > 2 years' service: 60 days' notice

• 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 40 hours 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

• For indefinite contracts, 14 days' pay for each year of service
• For fixed-term contracts, 24 days' pay for each year of service

• Poor performance
• Bad behaviour
• Persistent lateness or absences

Depends on employee's length of service:

• <60 days' service: No notice required (unless otherwise stated in Employment Agreement) 
• 60 to 120 days' service: 7 days' notice
• >120 days' service: 30 days' notice

• 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 (e.g. violating Employment Agreement, policy or law)
• Falsifying records
• Harassment
• Violence

• Must conduct a fair inquiry into allegations of misconduct, and the burden of demonstrating cause rests with the employer
• Must document each step of process as well as any communication with the employee

• Written notice 
• Signatures can be wet ink or digital/electronic
• Can be sent via email

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

Must notify the Ministry of Manpower office. This is mandatory for employers with ≥10 employees.

No legal requirements. However, the norm is to pay a retrenchment benefit* of 2 weeks' to 1 month's salary per year of service.

*Employees with >2 years' service are eligible for retrenchment benefits. Those with <2 years' service are frequently granted ex-gratia payments out of goodwill.

• Written notice
• Signatures can wet ink or digital/electronic
• Can be sent via email

• Written notice of termination
• Signatures can be signed in wet ink or digital/electronic
• Can be sent by email

• 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

• Written notice of termination
• Either signed with wet ink or digital/electronic signature
• Can be sent via email

• Misconduct (e.g. absenteeism, dishonesty, unauthorized possession of company property, harassment and/or bullying, assault, social media misconduct)
• Poor performance
• Stealing company money or property
• Violating employment agreement or company policy
• Falsifying records
• Harassment
• Violence

• Cause for termination must be expressly justified to be compliant with the law
• Employer must follow a disciplinary process as prescribed by employment law before termination can take place. This includes an investigation, providing notice to employee, conducting a hearing to allow employee to respond and give evidence etc.
• A chairperson of the disciplinary hearing will decide on the verdict (either guilty or not guilty) and if guilty, what the employee is guilty of (i.e. misconduct or gross misconduct, whether there was a fundamental breach of contract)
• This verdict will have an impact on whether employer can terminate the employee with cause. If employee is found guilty of misconduct, termination is a last resort (after a final written warning). If employee found guilty of gross misconduct, a summary dismissal is possible.

If employee found guilty of gross misconduct (i.e. summary dismissal), no notice required.

As stated in Employment Agreement

Within 7 days after termination, or as stated in Employment Agreement

• Operational requirements due to economic, technological or structural reasons. This results in a role being redundant if the company is downsizing or restructuring.

• Employer must provide written notice to employees as soon as termination is being considered, to provide details of the proposed retrenchments and invite them to consult with the employer about the operational requirements of the company and the proposed retrenchments.
• Employer can only continue with the terminations after following the process above, and provide affected employees with a separate termination notice.

Written notice

• 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

Within 7 days of termination, or as stated in Employment Agreement

• If initiated by employer due to poor performance, employer must have followed due process including counseling and giving employee the opportunity to defend themselves against the allegations of poor performance before deciding on termination. 

• Serious performance issues
• Attendance issues
• Stealing company money or property
• Misconduct or violation of the Employment Agreement or law
• Falsifying records
• Harassment
• Violence

• Before proceeding with termination, employer must send a written communication of the grounds to the employee. Employer must also set up a panel that is set up by the employer to investigate the issue and also give the employee a chance to explain. Thereafter, if the panel is satisfied with the grounds of termination, they may proceed with the termination.
• Proof of cause must be highlighted in the company handbook.

• Written notice
• Electronic signature is allowed

• A permanent loss of quality or performance of the work
• Repeated damages in the workplace
• Risk to the safety and health of the worker, other workers or third parties.
• Failing to meet agreed objectives (for management or technically complex positions)

• Employer must follow a specific process involving warnings and a Performance Improvement Plan (PIP) put in place among other things before termination can be carried out
• Must be due to persistent and repeated mistakes by employee
• There must be objective and quantitative evaluations of the employee, and the employee must have been earlier notified of these evaluation criteria.
• Employer must have a Performance Improvement Plan (PIP) in place for the affected employee. Termination can only proceed if there is no improvement in the employee's performance.

• If within probation period (within 3 months), no notice required
• If after 3 months of service, 30 days' notice
• If after at least a 1 year of service, 30 days' notice

Yes, required if employee has worked for ≥1 year.

• If ≥1 year of service: 30 days’ average wages
• For every additional year of service thereafter: 30 days’ average wages

• Written notice
• Signature can be electronic/digital

• Business reasons (e.g. redundancy, downsizing, restructuring)
• Employee is potentially contentious or litigious
• Employee cannot be terminated with or without cause
• Employee has negotiated their mutual termination with the client

Yes, required. Amount must be above what is legally required. 

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

• Employer must follow a specific process involving warnings and a Performance Improvement Plan (PIP) put in place among other things before termination can be carried out
• Must be due to persistent and repeated mistakes by employee
• There must be objective and quantitative evaluations of the employee, and the employee must have been earlier notified of these evaluation criteria.
• Employer must have a Performance Improvement Plan (PIP) in place for the affected employee. Termination can only proceed if there is no improvement in the employee's performance.

• Written notice
• Signature can be electronic/digital

• 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

• Can be sent by email
• Signature of both parties can be digital/electronic

• 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

• Must detail reasons for termination in written notice
• Must be expressly justified to be compliant with the law

• Can be sent by email
• Signature of both parties can be digital/electronic

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

• Severe breach of employee obligations (e.g. working for a competitor, disregarding anti-discrimination or anti-harassment policies, using violence in the workplace)
• Committing criminal acts against the employer (e.g. stealing company money/property, falsifying records)

• Should only be carried in exceptional cases
• Basis for termination must be based on circumstances that are no older than 2 months
• Employer must follow a specific disciplinary process, including requesting a consultation one week before carrying out any termination. Termination cannot be effective until the consultation process is completed.

• Written notice, delivered in person
• If delivery in person is not possible, notice can be sent via registered mail or email
• Electronic/digital signatures are allowed
• The notice must include (i) the employee's right to contend the validity of the termination, (ii) the possibilities to claim damages and the limitation periods for such claims, and (iii) information on potential priority to right of re-employment.

• Business reasons (e.g. company downsizing, restructuring)
• Performance issues

If due to business reasons/redundancy:

• Employer must provide employee with an alternative job position, before termination for redundancy can be considered.
• If at least 5 employees are affected, or if there are expected to be at least 20 affected employees during a 90-day period, the employer must notify the Swedish Public Employment Service
• Employer must select people for redundancy based on a “last in, first out” rule.
• Employer may be obliged to hold consultations before carrying out termination if there are any collective agreements applicable, or if the employee is a member of a trade union.

If due to performance issues:

• Must state reason for termination in the notice, and must be objective and specific (e.g. repeated negligence, poor work performance, difficulties in cooperation)
• Before termination, employer must have had provided employee with support for improvement through education or Performance Improvement Plans (PIP)
• Basis for termination must be based on circumstances that are no older than 2 months
• Before considering termination, employer must give employee 2 weeks' written notice so that employee can request a consultation. Termination cannot be effective until the consultation process is completed.

Important: Termination will not be justified if there are other alternatives besides terminating the employee (e.g. relocating employee to other positions in the workplace).

• 0-2 years of service: 1 month's notice
• 2-4 years of service: 2 months' notice
• 4-6 years of service: 3 months' notice
• 6-8 years of service: 4 months' notice
• 8-10 years of service: 5 months' notice
• ≥10 years of service: 6 months' notice

• Written notice, delivered in person
• If delivery in person is not possible, notice can be sent via registered mail or email
• Electronic/digital signatures are allowed
• The notice must include (i) the employee's right to contend the validity of the termination, (ii) the possibilities to claim damages and the limitation periods for such claims, and (iii) information on potential priority to right of re-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

No legal requirements

• Serious breaches of duty:
  • 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:
  • 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

• For less serious breaches of duty, employee must first be given a warning. Termination can take place in the event of a repeated breach of duty.
• For serious breaches, no notice is required and employee must be terminated immediately
• Must deliver a letter of termination to the employee; termination will only take effect when employee receives it. It is therefore essential to ensure that such terminations are properly documented and noticed.

• Must be based on a justified reason for termination 
• Must not be result of a complaint to a superior or another competent body in the company; the initiation of conciliation proceedings; or the filing of a lawsuit
• Employer must be prepared to provide written reasons that show termination was fair, as employees are entitled to request the reasons for their termination. Failure to provide the reasons will result in the termination being deemed unfair and employees may seek damages.

Depends on employee's years of service:

• <2 years' service: 1 month's notice
• 2 to 9 years' service: 2 months' notice
• >9 years' service: 3 months' notice

Note: In Switzerland, notice period is only effective from the last day of the month in which it was given.

• <1 year's service: 1 month's notice
• 1 to 9 years' service: 2 months' notice
• >9 years' service: 3 months' notice

• 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

There are 2 types of misconduct in Tunisia: serious misconduct (employee behavior making it impossible to continue with employment relationship), and non-serious misconduct (where termination occurs only after persistent misconduct in spite of repeated disciplinary actions).

• A willful or negligent act likely to hinder business as usual or to cause damage to company assets
• Reduction in production volume or quality due to obvious malicious intent
• Non-compliance with health and safety requirements
• Unjustified refusal to carry out work-related orders
• Acceptance of or offering bribery
• Theft of company property
• Substance abuse (alcohol and narcotics)
• Unjustified absence without prior authorization
• Acts of violence on company premises
• Disclosure of one of the company's professional secrets, except in cases authorized by law
• Refusal to provide assistance in the event of imminent danger affecting the company or co-workers

• Employer must follow an established disciplinary process before carrying out termination. This process includes delivering a notice of the alleged misconduct to the employee, setting up a disciplinary committee to allow employee to defend themselves, and notifying employee of the outcome of the hearing.
• Employer must be prepared to prove in court the existence of the employee's misconduct and the employer's compliance with the termination process.

• For serious misconduct, no notice required
• For non-serious misconduct, 1 month's notice or as stated in Employment Agreement

• Written notice must be delivered by registered mail together with the minutes of the disciplinary hearing to the employee
• Must have proof of receipt by employee

• Business Reasons (e.g. company downsizing, restructuring)
• Performance issues
• Physical incapacity
• Business closing
• Temporary reduction of business activities
• Lack of demand
• Preventive measures to adapt to technological change

• Must obtain prior approval of the Commission de Contrôle du Licenciement, by following a specific procedure:

  • Step 1: Notify the Labour Inspectorate of proposed terminations and the reasons for doing so, including evidence for financial difficulties and details of the proposed affected employees.

  • Step 2: The Labor Inspectorate will then investigate and submit a report within 15 days to the Commission de Contrôle.

  • Step 3: The Commission will then either approve or reject the termination request within 15 days. Termination proceedings may only commence if approved.

30 days or as stated in Employment Agreement

Note: In Tunisia, terminated employees do not have to work for the last half month of their employment in order to allow them to search for a job.

Yes, required for employees who have passed probation. 

• For each month of employment: 1 day's salary
• Capped at 3 months' salary*

*This can be raised by collective agreements, if applicable.

• Must be delivered in writing
• Proof of receipt required

• Business reasons (redundancy, downsizing, restructuring)
• The employee is potentially contentious or litigious;
• The employee cannot be terminated with or without cause; and
• The employee has negotiated their mutual termination with the client.

1 month, or as stated in Employment Agreement.

Note: In Tunisia, terminated employees do not have to work for the last half month of their employment in order to allow them to search for a job.

1 month, or as stated in Employment Agreement.

Note: In Tunisia, terminated employees do not have to work for the last half month of their employment in order to allow them to search for a job.

• Poor performance
• Bad behavior
• Unsuitability of the employee for the role
• Persistent lateness/absence from work

• Should be a last resort.
• Prior to termination, the employee should be consulted regarding any identified issues and given an opportunity to improve their performance.
• Employers should keep a record of any performance reviews conducted and should consider extending the probation period before carrying out any terminations.
• Maximum probation period in Tunisia is generally 6 months for employees. However, for supervisors it is capped at 9 months and for executives, 1 year.

1 month, or as stated in Employment Agreement

Note: In Tunisia, terminated employees do not have to work for the last half month of their employment in order to allow them to search for a job.

• Must be given in writing
• Proof of receipt is required

• Serious misconduct
• Repeated violation of company policies
• Dishonesty (e.g. theft, fraud)
• Failure to perform essential job duties and persists to do so despite repeated warnings of potential dismissal
• Physical assault of any co-workers
• Gross negligence
• Breach of trust (e.g. false identity, forged documents or certificates)
• Committing an error that resulted in material loss to the employer
• Drunk or under the influence of illegal drugs during working hours
• Absent without a legitimate excuse for more than 20 days in total or more than 7 consecutive days in one year

• Employer must conduct proper investigations into the alleged misconduct, hold a disciplinary hearing to allow employee the opportunity to respond to the allegations or defend themselves.
• For less severe misconduct or breaches, it is recommended to issue formal warnings or suspensions before resorting to termination, and keep records of such disciplinary actions taken.

Yes, includes:

• Salary and benefits during their notice period (30 days unless there is a longer contractual notice period) or payment in lieu of notice
• Payment in lieu of any days of accrued but untaken annual leave;
• An end of service gratuity payment if the employee has over one year's service;
• The cost of a flight/air ticket for repatriation; and
• Any contractual amounts including any bonus or commission due

• Written notice must include reasons and grounds for termination
• Signed in wet ink or sent via email with digital/electronic signatures
• Via registered mail or delivered in person, with proof of delivery required

• Selection of affected employees must not be discriminatory or based on personal factors
• Must comply with UAE labour laws regarding redundancy, which includes notifying the authorities (e.g. Ministry of Human Resources and Emiratisation), obtaining necessary approvals or permits
• Must invite employees to a consultation meeting regarding the proposed redundancies and hold further individual meetings to discuss any concerns the employee may have as well as their individual termination package
• Employer may want to take extra measures to help affected employees find alternative employee to demonstrate that employee was treated fairly in the event of a claim

• Salary and benefits during their notice period (30 days unless there is a longer contractual notice period) or payment in lieu of notice;
• Payment in lieu of any days of accrued but untaken annual leave;
• An end of service gratuity payment if the employee has over one year's service;
• The cost of a flight/air ticket for repatriation; and
• Any contractual amounts including any bonus or commission due.

• Written notice
• Signatures can be wet ink or digital/electronic
• Proof of delivery required (e.g. registered mail)

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

Yes, required. Amount must be higher than what is legally required:

• Salary and benefits during their notice period (30 days unless there is a longer contractual notice period) or payment in lieu of notice;
• Payment in lieu of any days of accrued but untaken annual leave;
• An end of service gratuity payment if the employee has over one year's service;
• The cost of a flight/air ticket for repatriation; and
• Any contractual amounts including any bonus or commission due.

• Salary and benefits during their notice period (30 days unless there is a longer contractual notice period) or payment in lieu of notice;
• Payment in lieu of any days of accrued but untaken annual leave;
• An end of service gratuity payment if the employee has over one year's service;
• The cost of a flight/air ticket for repatriation; and
• Any contractual amounts including any bonus or commission due.

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

• Employer must be prepared to justify reasons for termination
• Must not be discriminatory
• Probation period must not exceed 6 months or extended for another term

• Written notice with reasons for termination
• Proof of delivery is recommended

• Inappropriate conduct or gross misconduct. E.g.:
  • Stealing company property or money
  • Falsifying records
  • Harassment
  • Violence
  • Any form of material violation of provisions in the employment agreement, policy, or applicable law
• Lack of capability either due to poor performance, lacking qualifications or long-term illness 
• Employee not able to do their job legally e.g. not able to work legally in the UK 
• Other "fair reasons" such as a fixed-term contract ending, third-party pressure (e.g. client refusing to work with the employee), employee not agreeing to new terms of employment, attendance issues

If due to misconduct:

• Employer must follow a fair and reasonable disciplinary procedure involving multiple formal warnings to the employee before termination can be considered. The disciplinary procedure should include providing the employee written notice, conducting an internal investigation and a disciplinary hearing giving the employee the right of appeal. Ultimately, the employer must have followed the principles of being fair, reasonable and transparent, or risk unfair dismissal claims by the affected employee.
• Employer must have had clear guidelines on what would be considered gross misconduct, and behaviors that would warrant disciplinary actions.
• If employee is suspended and continue to receive pay, this must be as short a period as possible. Suspension is not considered disciplinary action. 

Depending on length of service. May be higher as per employment agreement.

• Between 1 month and 2 years of service: ≥1 week's notice
• Between 2 and 12 years of service: 1 week's notice for each year of service
• ≥12 years of service: 12 weeks' notice

In cases of gross misconduct or serious breaches of contract, summary dismissal without notice may be possible. 

• Business closure or insolvency
• Workplace closure (i.e. of a specific office or entity)
• Employee's job or duties no longer exist

• Employer must show that they have a fair reason for carrying out termination and followed a fair and transparent procedure in doing so. Employees must also have been consulted.
• Must consider and offer all alternatives to termination, with termination being the last resort (e.g. voluntary redundancy, changing working hours, moving employees into other roles)
• Must have a redundancy plan in place that is shared with employees, including details on number of affected employees, alternatives that were considered, fair selection criteria etc

Please note the process for an individual redundancy is different from a collective redundancy procedure (which is not addressed in this guide).

Depending on length of service. May be higher as per employment agreement.

• Between 1 month and 2 years of service: ≥1 week's notice
• Between 2 and 12 years of service: 1 week's notice for each year of service
• ≥12 years of service: 12 weeks' notice

Yes, if employee has ≥2 years of continuous service:

• 0.5 week’s pay for each full year they were under 22 years old
• 1 week’s pay for each full year they were older than 22 but younger than 41 years old
• 1.5 week’s pay for each full year they were 41 or older.
• The following caps are in place:
  • Maximum length of service: 20 years
  • Maximum weekly pay: £571
  • Maximum statutory redundancy pay: £17,130.

Please also refer to the UK Government's redundancy calculator.

• <1 month of service: No notice required
• >1 month of service: ≥1 week's notice

May be higher as per employment agreement.

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

No legal requirements, however, some possible reasons include:

• Poor performance
  Bad behavior
  Persistent lateness/absence from work

• Must be carried out before the end of the probation period
• Must not be discriminatory
• To avoid unfair dismissal claims, it may be prudent to go through a disciplinary procedure before carrying out termination.

As stated in employment agreement. Otherwise:

• <1 month of service: No notice required
• >1 month of service: ≥7 days' notice

• Must not violate employee's legal protections, e.g. anti-discrimination laws, protection from retaliation against an employee engaging in protected conduct
• Many factors can influence the complexity of a termination in the United States, and the risk of litigation is high. In cases where an employee seeks to challenge a termination, factors such as the employee's performance or the employer's financial justification for termination may be helpful in demonstrating that the termination was lawful.
• Examples of situations that may increase the risk of litigation:
  • Employee recently requested leave
  • Employee recently requested accommodation for a perceived disability or illness
  • Employee submitted a complaint about the employer, including for unsafe work, unpaid wages, discrimination, or the conduct of a manager or coworker

No legal requirement. However, it is recommended to offer a severance of ≥2 to 4 weeks' pay, in exchange for a release of claims*. In cases of increased risk, a higher severance may be required.

*Any release of claim obtained without the payment of a severance is likely to be found invalid.

• Employees must submit a signed resignation letter
• Employees may initiate litigation if they feel that the conduct of the employer had caused them to resign