Questions & Answers
Termination for refusing to change position in company
I was informed on the 20th that if I did not take another position in my company, a position that I am not qualified for and also not comfortable with, my employer would have no choice but to make my position redundant. This was sent to me over a WhatsApp message.
On the 23rd, my employer gave me an official letter of termination saying that the company is now making financial cutbacks and that my position is a part of the reduction.
I was appointed as an operations manager and there are actually 2 of us who work in the company, however, I am the only person who is being terminated.
There is no record of disciplinary action against me either for the entire duration of my employment.
I had asked that my employer to amend the termination letter stipulating that he is making my position redundant, to which they refused.
What is the best way forward?
Normally, the employer will ask you to resign.
Resignation (imposed by the employer or not) looks very nice on the CV and good for our ego.
But in reality, it is a monetary loss for the employee as he will get a reduced gratuity and he cannot claim compensation for termination of the contract or arbitrary dismissal.
You can claim (before the Ministry of Labour) three months’ salary or the remaining period of time (whichever is lower) as a compensation from your employer because the employer broke the contract (if limited contract) ARTICLE 115 or arbitrary termination (if unlimited contract) ARTICLE 123.
So once you receive the end of service benefit, and if there is no compensation provided, file a complaint in the Labour Department.
Your entitlements are as follows :
1) Only if you have worked there for over one year, you are entitled to severance pay on termination (ARTICLE 132).
Severance pay/Gratuity - If Terminated by Employer
Article 132
The employee who has completed one year or more in the continuous service is entitled to the end of service remuneration at the end of his service.
Days of absence from work without pay are not included in computing the period of service, and the remuneration is to be calculated as follows:-
1. 21 days' remuneration for each year of the first 5 years of service.
2. 30 days' remuneration for each additional year of service provided that the aggregate amount of severance pay shall not exceed 2 years’ remuneration.
2) Leave - Employee is entitled to two days per month (as the employee worked more than six months and less than one year of service and 30 days if more than one year - ARTICLE 75).
3) Air ticket only if the contract expires and you are going back home and not going to join a new employer - ARTICLE 131
4) Notice period (30 days) - ARTICLE 117
