• Employee is not suitable for the position held or job done
• Employee’s non‐performance or incomplete performance of their duties
• When employer has lost confidence in the employee
• Employee's long‐term inability to work
• Employee engages in serious misconduct (e.g. theft, fraud, physical violence)

• Specific grounds for termination for cause should be clearly outlined in the employment contract or employee handbook.
• If due to the ability of the employee, employer can terminate the employment contract only if the employer had offered the employee to be transferred to another position and the employee had rejected it. 

• Written notice signed in wet ink, sent via post mail
• Should include details on the basis and reason for termination, as well as the year, month and date of termination.

• Employer must inform the affected employees in writing.
• Employer must engage with the employee representative body, such as a trade union or elected employee representatives.
• Employer should establish fair and objective criteria for selecting employees for redundancy. Selection process must not be discriminatory and must comply with labor laws and any applicable collective bargaining agreements.
• Employer should make efforts to identify any available alternative employment opportunities within the organization for affected employees, and offer retraining or reassignment to suitable positions.
• Employer may be required to notify the relevant labor authorities or employment agencies about the proposed redundancies.

Yes required, based on the length of the employee's service:

• < 3 years of service: At least 2 months' notice
• 3 to 10 years of service: At least 3 months' notice
• > 10 years of service: At least 4 months' notice

• Employee must provide a written resignation letter signed in wet ink.
• Employee can resign at any time by providing a notice period of 14 days in advance.
• Employee can withdraw their resignation within 3 days after submitting their notice. If more than 3 days have passed, the employee can only withdraw their resignation with the consent of the employer.

Generally, at least 14 days' notice.

However, only at least 5 days' notice is required if employee is resigning due to:

• Illness
• Disability from a workplace-related incident
• Any other valid reason as stated in their collective agreement
• Employer failing to fulfil their obligations under the employment agreement, violating the law or collective agreement etc

• 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, however, some possible reasons include poor performance, bad behavior, persistent lateness/absence from work.

Notice period:

• Less than 1 year: 1 week's notice
• Between 1 to 3 years: 2 weeks' notice
• Between 3 to 5 years: 3 weeks' notice
• More than 5 years: 4 weeks' notice
• In addition, employees aged 45 and above with at least 2 years of continuous service are entitled to an additional 1 week's notice.

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Customary.

• Notice pay
• Unused vacation
• Other employment entitlements accrued until the termination date

Employers must follow specific procedural requirements that involve complex and time-consuming processes. As such, Deel needs to be actively involved throughout the disciplinary process. If there is a need to initiate any disciplinary process, please get in touch with us immediately so we can ensure everything is handled correctly.

• 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.

Notice period: 

• Less than 2 years of service: 6 weeks
• More than 2 years of service: 2 months
• More than 5 years of service: 3 months
• More than 15 years of service: 4 months
• More than 25 years of service: 5 months
  

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Customary.

Required. The regular severance payment (Ordentliche Abfertigung) is paid through employee’s severance fund (Betriebliche Vorsorgekasse) via employer contributions of 1.53% of the monthly gross salary.

Employees with at least 25 years of continuous service are also entitled to a special severance payment (Besondere Abfertigung), which is equal to 1 month’s salary for each completed year of service after 25 years.

Collective bargaining agreements may apply.

• Notice pay
• Accrued and unused vacation (Urlaubsersatzleistung)

Employers are required to follow a fair and reasonable disciplinary process involving a thorough investigation and gather evidence to support termination for serious misconduct.

Extraordinary dismissals (außerordentliche Kündigung)

• Gross misconduct or repeated violations of the employment contract
• Refusal to work without justified reasons
• Unauthorized disclosure of company secrets
• Fraudulent activities or theft
• Repeated unexcused absences or persistent tardiness

Employer must follow certain compliance requirements, such as:

• Fairness: The termination must be based on justifiable reasons and should be proportionate to the misconduct.
• Investigation: Employers should conduct a thorough investigation and gather evidence to support the termination decision.
• Notice: In some cases, the employer may need to give the employee an opportunity to respond to the allegations before termination.

• Written notice with reasons for termination
• Notice should be delivered in person or by registered mail to ensure proper documentation and receipt

Allows employer to terminate an employee without a cause. Termination for redundancy or other business reasons can also be captured under this category, as there is no termination for redundancy per se in Austria.

Please note: It might still be unjustified to terminate an employee under this form of termination without cause– eg. in case the termination happened due to discrimination. If such an unjustified reason is underlying the termination without cause, the employee may fight the termination in court.

• Performance issues
• Business closure or cessation of operations
• Technological advancements that render certain job positions obsolete
• Restructuring or reorganization of the company
• Economic difficulties leading to a reduction in workforce
• Changes in market conditions resulting in a decreased demand for products or services

• Employers may be required to negotiate a social plan with employee representatives or trade unions to mitigate the impact of the redundancies.
• Employers consult with employee representatives or works councils to discuss the planned redundancies, explore alternatives etc.
• Employers must establish fair and objective selection criteria when selecting which employees to be made redundant. 
• Employers must provide written notice and inform affected employees about their rights, such as the right to challenge the termination or claim severance pay.

• Less than 1 month of service: No notice period required, but termination can only on the 15th or to the end of a calendar month possible due to payroll processing times
• 1 to 2 years of service: 6 weeks until the 15th or the end of a calendar month
• From 2 years of service: 2 months' notice
• More than 5 years of service: 3 months' notice

The employer may terminate according to the notice periods above, however, only at the end of each calendar quarter.

Regular Severance Payment (Ordentliche Abfertigung): No legal requirements, as employers are already required to pay 1.53% of every monthly salary into an employee severance fund (Betriebliche Vorsorgekasse). Upon termination, the employee can either request disbursement of the collected amount or leave it in the fund for further investment.

Special Severance Payment (Besondere Abfertigung): Only applies if the employee has completed at least 25 years of continuous service with the same employer. Amount is equal to 1 month's salary for each year of completed service beyond the 25-year threshold.

Note: Any applicable collective bargaining agreements and social plans may lead to alternative severance payment schemes that are different from the calculations above.

Holiday payment (Urlaubsersatzleistung) if the employee has not consumed all their holidays at the point of termination. Note: An employee cannot be forced to consume their outstanding holidays during the notice period.

As stated in employment agreement and any collective bargaining agreement, if applicable.

Usually 6 weeks until the 15th or until the end of a calendar month, depending on length of service. The parties can agree to waive the notice period.

No severance is owed to employees who are terminated by resignation in Austria. However, employers must provide the holiday payment (Urlaubsersatzleistung) if the employee has not consumed all their holidays at the point of resignation.

Note: The “Abfertigung” option to cash out severance by the employee severance fund (Betriebliche Vorsorgekasse) by the employee is only lost if they leave employment immediately, but without a cause.

• 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

• Lack of qualifications or skills necessary for the position
• Poor performance or inability to meet job requirements
• Incompatibility with the company's values or work culture
• Breach of essential employment obligations
• Other significant reasons directly related to the employee's suitability for the role

• Probation period cannot exceed 1 month.
• Employer should be able to justify the termination reason.
• If the termination happened due to a discriminatory reason (e.g. ethnicity, religion), the employee might challenge the termination in court.

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

• Termination by giving notice
• Termination by paying an indemnity in lieu of notice

• If during the first 6 months: No legal requirements
• If after first 6 months: Employer must be able to provide a “reasonable reason” related to the qualifications or the behavior of the employee.

• If < 3 months of service: 1 week's notice
• If ≥ 3 months and < 4 months of service: 3 weeks' notice
• If ≥ 4 months and < 5 months of service: 4 weeks' notice
• If ≥ 5 months and < 6 months of service: 5 weeks' notice
• If ≥ 6 months and < 9 months of service: 6 weeks' notice
• If ≥ 9 months and < 12 months of service: 7 weeks' notice
• If ≥ 12 months and < 15 months of service: 8 weeks' notice
• If ≥ 15 months and < 18 months of service: 9 weeks' notice
• If ≥ 18 months and < 21 months of service: 10 weeks' notice
• If ≥ 21 months and < 2 years of service: 11 weeks' notice
• If ≥ 2 years and < 3 years of service: 12 weeks' notice
• If ≥ 3 years and < 4 years of service: 13 weeks' notice
• If ≥ 4 years and < 5 years of service: 15 weeks' notice
• If ≥ 5 years and < 6 years of service: 18 weeks' notice
• If ≥ 6 years and < 7 years of service: 21 weeks' notice
• If ≥ 7 years and < 8 years of service: 24 weeks' notice
• If ≥ 8 years and < 9 years of service: 27 weeks' notice
• If ≥ 9 years and < 10 years of service: 30 weeks' notice
• If ≥ 10 years of service: 33 weeks' notice

In case of termination by giving notice (i.e. employee continues working during the notice period):

• Written notice must include the notice period (i.e. starting date and duration)
• Must be sent by Belgian certified mail or served by a bailiff
• Notice period starts on the 1st Monday of the week following the notification. If notice is given by certified mail, the notice starts on the 3rd working day following the day of mailing (i.e. the certified mail must be sent by Wednesday if the employer wants the notice period to start on the Monday of the following week).

In case of termination by paying indemnity in lieu of notice:

• No legal requirements. But it is common practice for employers to confirm the termination by providing employee with a signed copy of the termination letter, or by sending a certified mail

• Dismissals for serious reasons
• Dismissals for cause

• Serious and willful misconduct or repeated breaches of essential obligations by the employee.
• Gross negligence or serious incompetence in performing job duties.
• Acts of violence, threats, or harassment in the workplace.
• Serious violation of company rules or policies.
• Other serious reasons specified in the employment contract or collective bargaining agreements.

Employer must follow the following process:

• Dismiss the Employee within 3 working days from the day they became aware of the serious facts.
• Inform the Employee, by registered mail, of the grounds of their dismissal at the same time or within another 3-day-period. (Note: As the grounds must be elaborated with a very high level of accuracy, it is common practice to provide the termination grounds within the second 3 day-period.)

• Written notice with reasons for termination
• Delivered personally to the employee or sent via registered mail with confirmation of receipt

• < 3 months of service: 1 week’s notice
• Between 3 months and 6 months of service: 2 weeks’ notice
• Between 6 months and 12 months of service: 3 week’s notice
• Between 12 months and 18 months of service: 4 week’s notice
• Between 18 months and 24 months of service: 5 week’s notice
• Between 2 years and 4 years of service: 6 week’s notice
• Between 4 years and 5 years of service: 7 week’s notice
• Between 5 years and 6 years of service: 9 week’s notice
• Between 6 years and 7 years of service: 10 week’s notice
• Between 7 years and 8 years of service: 12 week’s notice
• ≥ 8 years: 13 week’s notice

• 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

Notice period:

• Less than 1 year of service: 30 days' notice
• For each additional year of service: Additional 3 days' notice, up to 90 days in total.

Note: 

• Employers must either give 30 days' working notice and pay the employee for the 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 they are entitled to 7 paid days off at the end of the notice period.

Payment in lieu: Allowed.

Garden leave: Not allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Not customary.

Termination during probation period: Required. The severance will be half of the remuneration that the employee would be entitled to until the end of the probation period.

• Unused vacation
• Pro-rated vacation bonus
• Pro-rated 13th salary (Christmas allowance)

Employers are required to follow a disciplinary process regulated by law and provide employees with an opportunity to modify their behavior before a termination with cause can be considered for misconduct, except in cases of very serious breaches of duty.

• 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

Notice period: 30 days, or longer as agreed, but must not be longer than 3 months.

Payment in lieu: Allowed.

Garden leave: Not allowed.

Notice period: 30 days.

Payment in lieu: Customary.

Garden leave: Not customary.

Required if termination is due to business reasons. If the employee is unemployed during the month after termination, they are entitled to 1 month’s gross salary.

If the employer offers termination against compensation payment, the severance amount must be at least 4 times that of the employee’s last received monthly gross salary.

• Pro-rated salary
• Accrued and unused vacation

None required.

• Business reasons (e.g. Closing down the enterprise, partial closing down or personnel reduction, work stoppage for more than 15 working days)
• Poor performance or lack of education or training required for the assigned work 
• Employee refusing to follow an enterprise or a division thereof, in which he is employed, when it is relocated to another community or locality
• If an employee had been dismissed unlawfully and must be reinstated to his old position
• If employee is a professor, lecturer and doctor and has reached 65 years of age
• If the employment relationship has been founded after the employee acquired and exercised the right on pension for retirement age
• If it is objectively impossible to fulfill the employment contract

During regular payroll where the termination date (i.e. last working day) falls.

If termination is due to business reasons, the severance may be split across two payroll cycles. For example, if the termination date is July 5, from July 5 to July 31 the employee is paid during the July payroll, and from August 1 to August 4 they are paid during the August payroll.

• Criminality
• Employee losing the right to practice a profession or to continue in their job by court order
• Employee losing their academic degree 
• Employee being struck off from a professional register (e.g pharmacists, doctors)
• Employee refuses to take a suitable job offered to him in case of medically prescribed reassignment
• In cases of disciplinary dismissal

• The final pay (excluding severance) is paid with the regular payroll where the termination date (i.e. last working day) falls.
• Severance is paid with the final regular payroll.

None required

• The final pay (excluding severance) is paid with the regular payroll where the termination date (i.e. last working day) falls.
• Severance must be paid within 30 calendar days of the termination date. It can be paid with the regular final payroll if its pay date falls within the 30-day period.

• 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

• Either party can initiate this type of termination.
• The party who received the offer must agree to it within 7 days, otherwise the offer will be considered as rejected.

• The final pay (excluding severance) is paid with the regular payroll where the termination date (i.e. last working day) falls.
• Severance is paid with the final regular payroll.

• Inadequate performance or failure to meet job requirements
• Incompatibility with the job or workplace
• Breach of contractual obligations
• Violation of internal policies or rules
• Any other valid reasons specified in the employment contract

• Written notice with reasons for termination
• Delivered personally to the employee or sent via registered mail with confirmation of receipt

Notice period: Varies based on provincial law. In most provinces, this is at least 1 week's notice per year of service.

Payment in lieu: Allowed in most provinces

Garden leave: Not allowed

Notice period: Additional notice above statutory requirements is usually provided in exchange for a waiver of future liabilities. Typically, this is 2 to 4 weeks’ notice per year of service, depending on the role.

In some cases, employees may also be entitled to common-law notice. This is dependent on a number of factors including the employee's age, position, and length of service.

Payment in lieu: Customary in most provinces. However working notice may be required in order to ensure employee's maintain access to all their benefits throughout the notice period.

Garden leave: Not customary. This is not a developed concept in Canadian law.

Per legal requirements.

(Note: The term “severance pay” or “termination pay” in Canada is often used colloquially to also include payments in lieu of notice.)

• Accrued and unused vacation

• 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)

Notice period: 30 days.

Payment in lieu: Allowed.

Garden leave: Not allowed.

Notice period: Companies in Chile usually do not provide notice, and instead make payment in lieu of notice.

Payment in lieu: Customary.

Garden leave: Not customary.

• Notice pay
• Accrued and unused vacation

Employers are required to follow a fair and reasonable disciplinary process involving a formal investigation before termination can be considered for misconduct.

• Serious misconduct (must be duly proven), such as dishonesty, harassment of any kind, acting against the employer or another employee, insulting the employer, immoral conduct
• Breach of employment agreement
• Absense from work without a justified reason for 2 consecutive days, 2 Mondays in a month or a total of 3 days in a month
• Abandonment of work or refusal to work
• Reckless acts, omissions or imprudence leading to health and safety risks
• Intentionally damaging company property
• Serious non-compliance with their obligations in their employment contract

No legal requirements if employee is terminated within the 1st year of service.

After 1st year of service:

• For every complete year of service: 30 days' salary
• For every incompete year of service that is at least 6 months: 30 days' salary

• 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

Strictly speaking, a mutual termination agreement can be reached by agreeing no severance but will be rare if the employee accepts signing the agreement this way.

The parties may agree on an amount of severance in order for both being comfortable to sign a mutual termination agreement.

Notice period: None

Payment in lieu: Not allowed

Garden leave: Not allowed

Notice period: None

Payment in lieu: Not customary

Garden leave: Not customary

Required if termination is due to redundancy or other business reasons. 

For indefinite contracts:

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

Note: If the employee earns more than 10 times the minimum wage, the severance amount will be 20 days’ pay for the first year of service. Thereafter, the employee is entitled to 15 days’ pay for every additional year of service (pro-rated).

For fixed-term contracts:

• All payments owed for the rest of the contract, including monthly salary, irregular payments and all other statutory benefits which would be owed for the remainder of the contract

• Unused vacation
• Pro-rated 13th and 14th month salaries

• For misconduct, employers are required to follow a robust disciplinary process that may take up to 2 weeks, before termination can be considered. The employee should be given the opportunity to defend themselves, present new evidence and appeal the outcome. 
• For poor performance, employers must provide a written warning to the employee at least twice, with at least 8 days between each warning. If the performance does not improve, the employer must provide a comparative chart of the average performance for the employee to defend themselves within the next 8 days. Thereafter, if the employer is not satisfied with the employee’s justifications, they can notify the employee within the subsequent 8 days of the termination for poor performance.

• 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

Notice period: 

• Less than 3 months of service: None required
• 3 to 6 months of service: 1 week
• 6 to 12 months of service: 2 weeks
• More than 12 months of service: 1 month

Payment in lieu: Allowed.

Garden leave: Not allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Not customary.

Required. Amount depends on seniority, starting at 19.5 days.

• Notice pay
• Accrued and unused vacation
• Pro-rated 13th month salary

None required.

Notice period during probation: 7 days.

Notice period after probation: 

• At least 1 year of service: 2 weeks
• At least 2 years of service: 6 weeks’
• At least 5 years of service: 8 weeks
• At least 10 years of service: 10 weeks
• At least 20 years of service: 12 weeks

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Customary.

Required if the employee has at least 2 years of service and is not being terminated due to misconduct. Amount is at least one-third of average monthly salary, based on the last 3 months before termination, for each completed year of service.

The total severance amount is capped at 6 average monthly salaries, unless otherwise stated by law, collective agreement or employment agreement.

• Pro-rated salary
• Accrued and unused vacation

Employers are required to provide the employee an opportunity to defend themselves, before termination can be considered for misconduct or poor performance.

• Business related (i.e. the need for a certain job ceases due to economic, technical or organizational reasons)
• Personal grounds (i.e. the worker is not able to properly perform his or her employment obligations due to certain permanent characteristics or abilities)
• Employee misconduct (i.e. the worker has breached employment obligations)

Before the termination can be carried out, the employer must:

• Warn the employee in writing of their employment obligation and that they are facing a risk of dismissal if they continue to breach their obligation, unless there are circumstances due to which there is no justification expecting the employer to do so.
• Give the employee a chance to defend themselves, unless there are circumstances due to which there is no justification expecting the employer to do so.

If after probation period:

• ≥ 1 year of service: 2 weeks’ notice
• 2 years of service: 1.5 months’ notice
• 5 years of service: 2 months’ notice
• 10 years of service: 2.5 months’ notice
• 20 years of service: 3 months’ notice

If during probation period: 7 days

If the employee has <2 years of service, no severance required.

If the employee has ≥2 years of service, severance is required:

• For each completed year of service: At least ⅓ of average monthly salary (based on the last 3 months before the termination)
• Total amount is capped at 6 average monthly salaries (based on the last 3 months before the termination), unless otherwise stated by law, collective agreements, rulebooks or the employment agreement.

• Written notice with reasons for termination
• Delivered personally to the employee or sent via registered mail with confirmation of receipt

• Must be carried out within 15 days from receiving information about grounds for which extraordinary dismissal is given.
• If termination is due to employee misconduct, before the termination can be carried out, the employer must give the employee a chance to defend themselves, unless there are circumstances due to which there is no justification expecting the employer to do so.

If the employee has ≥2 years of service, and is not being terminated due to misconduct, severance is required.

If the employee has <2 years of service, no severance required.

If the employee has ≥2 years of service, severance is required:

• For each completed year of service: At least ⅓ of average monthly salary (based on the last 3 months before the termination)
• Total amount is capped at 6 average monthly salaries (based on the last 3 months before the termination), unless otherwise stated by law, collective agreements, rulebooks or the employment agreement.

By the next payroll cycle

• Written notice with reasons for termination
• Delivered personally to the employee or sent via registered mail with confirmation of receipt

• 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

• Unsatisfactory job performance or failure to meet the required standards
• Incompatibility with the company's culture, values, or working environment
• Breach of employment obligations or serious misconduct
• Failure to acquire necessary skills or qualifications for the position

Notice period: At least 2 months, starting from the first day of calendar month after the delivery of notice, and ending on the last day of the relevant calendar month.

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Customary.

Required if termination reason is redundancy.

• Less than 1 year of service: 1 month’s average salary
• At least 1 year of service: 2 months’ average salary
• At least 2 years of service: 3 months’ average salary

• Pro-rated salary
• Accrued and unused vacation

None required.

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.

Notice period during probation: 14 days.

Notice period after probation: 

• Less than 5 months of service: Current month + 1 month
• Less than 2 years and 9 months of service: Current month + 3 months
• Less than 5 years and 8 months of service: Current month + 4 months
• Less than 8 years and 7 months of service: Current month + 5 months
• More than 8 years and 7 months of service: Current month + 6 months

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Not customary.

Garden leave: Customary.

Required only if termination is due to redundancy and the employee has at least 12 years of service.

• Between 12 and 17 years of service: 1 month’s salary
• More than 17 years of service: 3 months’ salary

• Notice pay
• Accrued and unused vacation
• Pro-rated holiday pay/allowance

Employers are required to follow a fair and reasonable disciplinary process involving multiple formal warnings before termination can be considered for misconduct or poor performance.

• 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.

Notice period during probation: 15 days.

Notice period after probation:

• Less than 1 year of service: At least 15 calendar days
• Less than 5 years of service: At least 30 calendar days
• Less than 10 years of service: At least 60 calendar days
• More than 10 years of notice: At least 90 calendar days

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Customary.

• Pro-rated salary
• Accrued and unused vacation

Employers are required to document and provide evidence to justify termination and provide a written notification to the employee of the reason for termination.

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)

Notice period: 

• <1 year of service: 14 days
• 1-4 years of service: 1 month
• 4-8 years of service: 2 months
• 8-12 years of service: 4 months
• >12 years of service: 6 months
  

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Not customary.

Garden leave: Customary.

• Notice pay
• Accrued and unused vacation

Employers are required to follow a fair and reasonable disciplinary process involving multiple formal warnings before termination can be considered for misconduct or poor performance.

• Serious breach of employment terms and conditions (e.g. non-compete violations, non-compliance with anti-discrimination and anti-harassment policies, violence in the workplace)
• Criminal acts against the employer (e.g. stealing company money/property, falsifying records)

• Can only be carried out in exceptional cases
• No need to give a warning if the reason for termination is a very serious violation of employment rules
• Employer must provide termination notice to employee within a reasonable timeframe after becoming aware of the existence of grounds for termination
• Employee must be given an opportunity to present their opinion on the matter, with an assistant if they wish
• Termination must be carried out within 14 days after the employee has been notified of the grounds

• Must notify employee in person. If this is not possible, then the notification can be sent by mail or email.
• Written notice of termination must be provided without delay to the employee when requested. Letter must include the termination date and the grounds for termination.
• Electronic signature allowed

• Business reasons (e.g. financial, production-related and/or reorganization grounds)
• Poor performance

If due to business reasons:

• Must be due to a material and permanent reduction in work as a result of financial or production reasons, or a reorganization of business operations
• If such a termination is carried out, the employer is not allowed to hire a new employee for the same position soon after
• Before carrying out termination, employer must:
  • Explain to employee as soon as possible the grounds for termination, the alternatives and the employment services available
  • Try to provide employee with an alternative job. Termination can only be carried out only when this is not possible.
• If ≥10 employees are affected, employer must notify the employment authority immediately

If due to poor performance:

• Employee must have failed to fulfill their obligation to work, had been obviously careless in duties, refused to work, disobeyed orders, was dishonest (resulting in lack of trust from employer) and behaved unprofessionally.
• Before carrying out termination, employer must have first:
  • Given employee an opportunity to correct their behavior or improve
  • Given employee an opportunity to present their opinions on the matter
  • Considered tranferring the employee to an alternative position

• <1 year of service: 14 days' notice
• 1-4 years of service: 1 month's notice
• 4-8 years of service: 2 months' notice
• 8-12 years of service: 4 months' notice
• >12 years of service: 6 months' notice

• Must notify employee in person. If this is not possible, then the notification can be sent by mail or email.
• Written notice of termination must be provided without delay to the employee when requested. Letter must include the termination date and the grounds for termination.
• Electronic signature allowed

• If ≤5 years of service: 14 days' notice
• If >5 years of service: 1 month's notice

• 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

• Written notice signed with wet ink or electronic signature
• Delivered personally to employee. If not possible, may be sent via mail or email (employee will be considered to have received notice by the 7th day of sending).
• If notice is given via a call, a witness can be present to also sign the termination notice indicating that they were present when the employee was informed

Notice period: Varies depending on several factors and must be evaluated on a case-by-case basis.

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Customary.

• Notice pay
• Unused vacation
• Pro-rated paid leave and reduction of working time (RTT)

• Employers are required to follow a fair and reasonable disciplinary process including providing an opportunity for the employee to speak in their own defense before termination can be considered for misconduct.
• The disciplinary process must be initiated within 2 months upon discovering facts forming the basis for termination.

• 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:

• Deel France:
  • For the first 10 years of service: 0.25 monthly salary for each year of service
  • After the first 10 years of service: 0.33 monthly salary for each year of service
• Deel Solutions:
  • 0.25 monthly salary for each year of service
  • For cadres (i.e. managers), after 2 years of service: 0.33 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

Notice period: 

• Less than 2 years of service: 4 weeks to the 15th/end of the calendar month
• At least 2 years of service: 1-7 months to the end of the calendar month, depending on number of years of service

Payment in lieu: Not allowed.

Garden leave: Allowed.

Notice period: Per legal requirements

Payment in lieu: Not customary.

Garden leave: Customary.

• Notice pay
• Unused vacation
• Pro-rated irregular payments (e.g. Tantieme, Christmas bonus, Vacation pay, 13th salary, vacation payout)

• Employers are required to follow a fair and reasonable disciplinary process and provide employees with an opportunity to modify their behavior before termination can be considered for misconduct, except in cases of very serious breaches of duty. It is important to inform Deel of every possible misbehavior of the employee so that a warning can be sent out.
• The disciplinary process (i.e. warning letter) must be initiated within 2 weeks of discovering the facts forming the basis for termination.

• 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

For very severe breaches of contract, the employee can be dismissed immediately without notice. 

In other cases, the notice period will be as stated in the employment agreement. Otherwise, the statutory notice period will apply, depending on the employee's length of service:

• < 2 years of service: 4 weeks to the 15th/end of the calendar month
• ≥ 2 years of service: 1 month to the end of the calendar month
• ≥ 5 years of service: 2 months to the end of the month
• ≥ 8 years of service: 3 months to the end of the month
• ≥ 10 years of service: 4 months to the end of the month
• ≥ 12 years of service: 5 months to the end of the month
• ≥ 15 years of service: 6 months to the end of the month
• ≥ 20 years of service: 7 months to the end of the month

• 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.

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

Note:

• In Germany, the notice period begins on the 15th day or the end of the calendar month.
• Parties may waive the notice period if they wish.

• 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

Both parties can negotiate the last day of work and any garden leave. It is recommend to observe the notice period, to avoid disadvantaging the employee from their unemployment benefit.

If parties did not have a contractually agreed notice period, then the following statutory notice period will apply, depending on the employee's length of service:

• < 2 years of service: 4 weeks to the 15th/end of the calendar month
• ≥ 2 years of service: 1 month to the end of the calendar month
• ≥ 5 years of service: 2 months to the end of the month
• ≥ 8 years of service: 3 months to the end of the month
• ≥ 10 years of service: 4 months to the end of the month
• ≥ 12 years of service: 5 months to the end of the month
• ≥ 15 years of service: 6 months to the end of the month
• ≥ 20 years of service: 7 months to the end of the month

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

Notice period: 30 days.

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Customary.

• Notice pay
• Accrued and unused vacation

None required.

Notice period: Optional. If employers choose to provide notice, these are the statutory requirements:

• 1 to 2 years of service: 1 month
• 2 to 5 years of service: 2 months
• 5 to 10 years of service: 3 months
• 10 years of service: 4 months

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Customary.

Required. Amount depends on years of service, and is reduced by 50% if statutory notice is provided.

• 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
• After which, for each additional year of service, an additional 1 month’s salary, capped at 12 months’ salary in total.

• Notice pay, if applicable
• Accrued and unused vacation
• Overtime pay, if applicable
• Pro-rated 13th and/or 14th month salary

Employers are required to issue multiple warnings to employees before considering termination for performance issues.

• 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

Notice period: As stated in Employment Agreement.

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: 1 month.

Payment in lieu: Customary.

Garden leave: Customary.

• Notice pay
• Accrued and unused vacation
• MPF employer contributions

• 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

Notice period: 30 days. Employees with more than 3 years of service are entitled to additional notice.

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Customary.

• Notice pay
• Accrued and unused vacation

Employers are required to carry out an internal investigation before termination can be considered for misconduct or breach of duty.

• 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.

Notice period: Minimum 1 month.

Payment in lieu: Allowed

Garden leave: Allowed

Notice period: 1 month for mid-level employees and 3 months for senior employees.

Payment in lieu: Customary

Garden leave: Customary

At least 15 days' average pay, for termination for poor performance and the employee has at least 1 year of continuous service.

Per legal requirement for termination due to poor performance.

For redundancy, mutual termination or resignation is preferred, with severance of 1-3 months' pay for mid-level employees and 3-6 months' pay for senior employees.

• Notice pay
• Unused vacation
• Gratuity payment for employees with at least 4 years and 240 days of service
• Any other contractually agreed benefits

• 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.

≥ 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 ≥ 1 month before their last day.

• Pro-rated salary until termination date
• Cash equivalent of accrued and unused leave days

• 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

Notice period: 7 to 14 working days during probation. After probation, 1 month.

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: 1 month.

Payment in lieu: Customary.

Garden leave: Customary.

Required, as long as the employee is not being terminated for criminality or unexcused absences from work.

Basic severance payment is calculated based on years of service:

• Less than 1 year of service: 1 month’s pay
• At least 1 year of service: 2 months’ pay
• For every additional year of service: 1 additional month’s pay

• Notice pay
• Length-of-service award based on years of service, starting at 2 months’ pay for at least 3 years of service
• Accrued and unused vacation

Employers are required to issue multiple formal warnings or a disciplinary process before termination can be considered for misconduct or poor performance. This process is required to take place over a period of at least 2 consecutive quarters and may extend even longer in certain situations.

• 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.

Notice period: 

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

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Customary.

• Notice pay
• Accrued and unused vacation
• Pro-rated benefits included in Employment Agreement, if any

Employers are required to follow a fair and reasonable disciplinary process involving formal warnings, suspension and demotion before termination can be considered for misconduct or poor performance.

• 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 employees with at least 2 years of continuous service.

• 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 employees with at least 2 years of continuous service.

• 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

Notice period:

• 1 day per month during the first 6 months of service, and 2.5 days per subsequent months of employment.
• After 1 year of service, 30 days.

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Customary.

• Notice pay
• Accrued and unused vacation
• Convalescence pay if required

Employers are required to follow a fair and reasonable disciplinary process involving a summons to a hearing and a formal hearing before termination can be considered. Estimated timeline: 45 days.

• Poor performance
• Persistent 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
• Military service or national security related reason

*Note: This is extremely difficult to justify.

• Employer must conduct a fair hearing process with the employee before making the decision to terminate the employee.
• Employees are entitled to defend themselves during the hearing.
• 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.

For indefinite contracts, the severance is paid out every month within the pension fund of the employee. Therefore there is no need to add an additional severance at the end of the employment of the employee.

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.

No legal requirements.

• Poor performance
• Bad behavior
• Persistent lateness/absence from work (Note: This is difficult to justify.)

• 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 

Notice period:

• Up to 5 years of service: 30 calendar days
• More than 5 years and up to 10 years of service: 60 calendar days
• Dirigente employees might have up to 12 months’ notice.

Payment in lieu: Allowed.

Garden leave: Not allowed.

Notice period: 30 days

Payment in lieu: Customary.

Garden leave: Not customary.

• Notice pay
• Unused holidays and paid leave
• Pro-rated mandatory bonus payments

• 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 Group.

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.

Notice period: 30 days.

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Usually negotiated as part of mutual termination agreements.

Payment in lieu: Customary.

Garden leave: Not customary.

• Notice pay
• Accrued and unused vacation

Employers are required to follow a fair and reasonable disciplinary process involving an investigation by a panel and providing the employee an opportunity to explain themselves, before termination can be considered for misconduct. The proof of cause must be highlighted in the company handbook.

• 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

Notice period: 1 month (4 weeks).

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Not customary.

• Pro-rated salary.
• Accrued and unused vacation

Employers are required to follow a fair and reasonable disciplinary process involving multiple formal warnings before termination can be considered for misconduct or poor performance.

Notice period during probation: 3 days.

Notice period after probation:

• Up to 5 years of service: 1 month’s notice
• From 5 to 10 years of service: 2 months’ notice
• Over 10 years of service: 3 months’ notice

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Customary.

Required if termination reason is redundancy.

• Less than 5 years of service: 1 month’s average salary
• Between 5 to 10 years of service: 2 months’ average salary

• Pro-rated salary
• Accrued and unused vacation
• Pro-rated vacation allowance

Employers are required to follow a fair and transparent disciplinary process including a proper investigation and providing the employee an opportunity to respond to the allegations, before termination can be considered for misconduct. Employers are also required to document all relevant incidents, warnings and disciplinary actions taken are required. The termination decision must be proportionate to the offense committed.

• Serious breach of employment obligations by the employee.
• Repeated or significant misconduct.
• Failure to perform assigned duties.
• Unexcused absences or lateness.
• Theft, fraud, or dishonesty.
• Violation of workplace rules or policies

Employer must follow a fair and transparent disciplinary process. Compliance requirements may include:

• Conducting a proper investigation to gather evidence and assess the situation.
• Providing the employee with an opportunity to respond to the allegations.
• Documenting all relevant incidents, warnings, or disciplinary actions taken.
• Ensuring that the termination decision is proportionate to the offense committed.

• Written notice with reasons for termination
• Delivered personally to the employee or sent via registered mail with confirmation of receipt

• Business restructuring or reorganization.
• Technological advancements leading to job redundancies.
• Financial difficulties or economic reasons impacting the viability of the business.
• Closure or relocation of the company or its operations

Employer must:

• Conduct a thorough assessment and providing objective justification for the need to reduce the workforce.
• Follow any consultation processes or obligations outlined in collective agreements, if applicable.
• Ensure fairness and non-discrimination in the selection criteria for employees to be terminated, considering factors such as performance, qualifications, and seniority.
• Provide appropriate notice to affected employees and considering alternative employment options within the organization, if available.

The minimum notice periods are as follows:

• Up to 5 years of service: 1 month
• From 5 to 10 years of service: 2 months
• Over 10 years of service: 3 months

• Less than 5 years of service: 1 month of average earnings
• Between 5 to 10 years of service: 2 months of average earnings

• Written notice with reasons for termination
• Delivered personally to the employee or sent via registered mail with confirmation of receipt

• 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

• Unsatisfactory performance during the probationary period.
• Incompatibility with the requirements of the position.
• Failure to meet the employer's expectations or standards.
• Discovery of false information provided during the hiring process

• No legal requirements
• However it is recommended to follow a fair and transparent process, such as documenting any performance or behavioral issues, providing feedback and guidance to the employee, and giving them an opportunity to improve.

Last working day

• Written notice is not required by law, but it is recommended for the employer to provide one for the record.
• Can be delivered in person, via registered mail with a confirmation of receipt or through other reliable means to ensure evidence of the employee’s notification

Notice period during probation: 3 days.

Notice period after probation:

• Less than 1 year of service: At least 2 weeks

• Over 1 year of service: At least 1 month

*The above notice periods shall be adjusted for special circumstances as follows:

• Employees who have less than five years left until the statutory age of old-age pension: Doubled
• Employees who are raising a child/adopted child under the age of 14: Tripled
• Employees who are raising a disabled child under the age of 18: Tripled
• Disabled employees: Tripled
• Employees who have less than two years left until the statutory age of old-age pension: Tripled

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: Per legal requirements.

Payment in lieu: Customary.

Garden leave: Not customary.

Required if termination reason is redundancy.

• Less than 12 months of service: 1 month’s average salary
• 12 to 36 months of service: 2 months’ average salary
• 36 to 60 months of service: 3 months’ average salary
• 60 to 120 months of service: 4 months’ average salary
• 120 to 240 months of service: 5 months’ average salary
• More than 240 months: 6 months’ average salary

• Pro-rated salary
• Accrued and unused vacation
• Pro-rated vacation payout

Employers are required to follow a fair and lawful disciplinary process including an investigation, disciplinary meetings or hearings, and providing the employee with an opportunity to defend themselves, before termination can be considered for misconduct or poor performance.

• Serious violations of work duties or employment obligations.
• Repeated or gross misconduct or negligence.
• Failure to meet performance standards despite warnings and opportunities for improvement.
• Breach of workplace rules or policies.
• Criminal actions that harm the employer's reputation or business interests.
• Other serious misconduct or breaches of trust

Employer should follow a fair and lawful disciplinary process, which includes:

• Investigating the alleged misconduct thoroughly and gathering evidence.
• Providing the employee with an opportunity to present their case or defend themselves in writing.
• Conducting disciplinary meetings or hearings.
• Documenting all stages of the process, including warnings, any actions taken, and the employee's responses.
• Considering any mitigating factors or circumstances before reaching a decision.

No legal requirements

No legal requirements

• Written notice with reasons for termination
• Delivered personally to the employee or sent via registered mail with confirmation of receipt

• Restructuring or reorganization of the company.
• Technological advancements leading to job redundancies.
• Business closures or downsizing.
• Economic difficulties or financial constraints impacting the employer.

Employer must:

• Provide advance written notice to the affected employees or their representatives.
• Engage in consultations with employee representatives, such as trade unions or employee councils, if applicable.
• Consider alternative measures, such as offering redeployment or retraining opportunities where feasible.
• Follow any relevant provisions specified in collective agreements or labor laws.

• If < 1 year of service: At least 20 calendar days' notice
• If 1-5 years of service: At least 1 month's notice
• If >5 years of service: At least 2 months' notice

Yes, required, depending on employee's length of service:

• < 12 months: 1 monthly average wage;
• 12 to 36 months: 2 monthly average wages;
• 36 to 60 months: 3 monthly average wages;
• 60 to 120 months: 4 monthly average wages;
• 120 to 240 months: 5 monthly average wages;
• > 240 months: 6 monthly average monthly wages

• 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
• Unsuitability for the position
• Violation of work duties
• Any other substantial reasons that affect the employee's ability to fulfill their job responsibilities

Last working day

Notice period: 

• Up to 2 years of service: 4 weeks’ notice
• 2-5 years of service: 6 weeks’ notice
• More than 5 years of service: 8 weeks’ notice

Payment in lieu: Allowed.

Garden leave: Allowed.

Notice period: More than 2 months.

Payment in lieu: Customary.

Garden leave: Customary.

Required if termination reason is redundancy. Amount is calculated by multiplying monthly wages by the employee’s years of service, and dividing it by two.

For other termination reasons, severance may be owed per any applicable collective agreements, or if the employee earns less than 4,000 RM per month.

• Notice pay
• Accrued and unused vacation

• Serious misconduct, such as theft, fraud, insubordination or breach of company policies
• Persistent poor performance
• Incapacity or incapability (due to illness or injury)

• Grounds for termination must be properly documented and substantiated with evidence
• Employer must follow fair procedures, conduct proper investigations and provide employee the opportunity to respond to any allegations. These processes must be properly documented.

• Written notice
• Delivered in person or by registered mail to ensure proof of delivery

• Business restructuring
• Technological advancements
• Financial difficulties
• Genuine reduction in need for employees in a particular role or department

• Redundancy must not be the result of any fault or misconduct on the part of the employee
• Must notify the relevant authorities (e.g. Director General of Industrial Relations) at least 30 days before intended termination, and consult with affected employees or their representatives
• Must follow a fair consideration framework and a “last in, first out” approach in selecting employees to retrench
• Must have first carried out alternative measures such as hiring freezes, salary reductions etc before resorting to termination

Varies depending on length of service:

• <2 years of service: ≥4 weeks' notice
• Between 2 and 5 years of service: ≥6 weeks' notice
• Between 5 and 10 years of service: ≥8 weeks' notice
• ≥10 years of service: ≥12 weeks' notice

Severance is calculated as follows: (Monthly wages × years of service) ÷ 2

• "Monthly wages" refers to the employee's basic wage/salary plus any fixed allowances or payments.
• "Years of service" refers to the completed years of service with the employer.
• Total severance is capped at 50,000 Malaysian Ringgit.

• Written notice
• Delivered in person or by registered mail to ensure proof of delivery

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

• Unsatisfactory performance, conduct or behavior
• Inability to meet job requirements
• Employee not suitable for position

• 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

Notice period: There are no notice periods in Mexico.

Payment in lieu: Not allowed.

Garden leave: Not allowed.

Notice period: There are no notice periods in Mexico.

Payment in lieu: Not customary.

Garden leave: Not customary.

• Accrued and unused vacation
• Pro-rated vacation bonus
• Christmas bonus

• 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: