DIER : Termination of Employment
Compensation in Lieu of Notice.
The Notice when given by the employee.
When it's the employee who abandons their job with no notice, he must pay to the employer a sum equal to half the wages that he would be payable of the period of notice that is not worked.
The Notice when given by the employer.
If he received a notice from the employer, the employee has the choice to continue to work during the notice period, or to request the employer to pay him a sum equal to half the wages that would be payable in respect of the unexpired period of notice.
A fixed term contract can be finished during its applicable probation period without any reason.
However, one week notice by either parties have to be applied if the job started more than one month.
In case of indefinite contracts which extend the probation period, a notice have to be given before the end of the job. The notice have to be given by the employee, or by the employer in case of redundancy.
What is the Guarantee Fund?
It is a fund intended to assure payment of unpaid wages due by an employer after is terminated because of the employer’s proved insolvency.
This fund is administered by the Guarantee Fund Administration Board.
All the employees whose employers company is in a state of insolvency.
Consultation with Employees’ Representatives :
The Employer which proposes to declare the collective redundancy has the duty to write to the Employees’ Representatives and also forwarding a copy to the Director of the DIER.
When redundancies are to take effect :
The notice of termination of employment can start from the date of the commencement of the consultations with the employees representatives.
However, the employer cannot terminate the employment of employees affected by any projected collective redundancy notify to the DIER, before the end of thirty days from notification.
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