Forma de la notificación del despido al trabajador:
Plazo de preaviso:
Notice periods are governed by the terms of the contract (sec. 10 (2) EA), and it is only in the absence of such a stipulation that the statutory notice periods apply.
Sec. 10 (3) EA establishes statutory minimum notice periods as follows:
- one day for less than 26 weeks' service;
- one week for 26 weeks to less than two years' service;
- two weeks for two to less than five years' service;
- four weeks for five or more years' service.
Notice of termination of contract
10.—(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate the contract of service.
(2) The length of such notice shall be the same for both employer and employee and shall be determined by any provision made for the notice in the terms of the contract of service, or, in the absence of such provision, shall be in accordance with subsection (3).
(3) The notice to terminate the service of a person who is employed under a contract of service shall be not less than — (a) one day’s notice if he has been so employed for less than 26 weeks; (b) one week’s notice if he has been so employed for 26 weeks or more but less than 2 years; (c) 2 weeks’ notice if he has been so employed for 2 years or more but less than 5 years; and (d) 4 weeks’ notice if he has been so employed for 5 years or more.
(4) This section shall not be taken to prevent either party from waiving his right to notice on any occasion.
(5) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.
14 EA.—(1) An employer may after due inquiry dismiss without notice an employee employed by him on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service except that instead of dismissing an employee an employer may —
(a) instantly down-grade the employee; or
(b) instantly suspend him from work without payment of salary for a period not exceeding one week.
(2) Notwithstanding subsection (1), where a relevant employee considers that he has been dismissed without just cause or excuse
his employer, he may, within one month of the dismissal, make representations in writing to the Minister to be reinstated in his former employment.
(2A) For the purposes of subsection (2), a relevant employee means —
(a) an employee employed in a managerial or an executive position —
(i) who is dismissed with notice; or
(ii) who is dismissed without notice but receives payment of any salary in lieu of notice, after having served that employer for at least 12 months in any position (whether or not a managerial or an executive position);
(b) an employee employed in a managerial or an executive position who is dismissed without notice and without salary in lieu of such notice; or
(c) an employee not employed in a managerial or an executive position.
(3) The Minister may, before making a decision on any such representations, by writing under his hand request the
commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse.
(4) If, after considering the report made by the Commissioner under subsection (3), the Minister is satisfied that the employee has been dismissed without just cause or excuse, he may, notwithstanding any rule of law or agreement to the contrary —
(a) direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned
had he not been dismissed by the employer; or (b) direct the employer to pay such amount of wages as compensation as may be determined by the Minister, and the employer shall comply with the direction of the Minister. (...)
duración de servicio ≥ 6 meses:
duración de servicio ≥ 9 meses:
duración de servicio ≥ 2 años:
duración de servicio ≥ 4 años:
duración de servicio ≥ 5 años:
duración de servicio ≥ 10 años:
duración de servicio ≥ 20 años:
Indemnización sustitutiva de preaviso:
Notificación a la administración:
Notificación a los representantes de los trabajadores:
Aprobación de la administración publica o de organismos judiciales:
Acuerdo de los representantes de los trabajadores: