On the termination of a contract of service lasting over one month, the employer shall be bound, at the employee’s request, to give him/her a certificate stating the duration of the employment, the nature of the work or services performed and, if the employee so desires, the reason for the termination of the contract, and the rate of wages paid. The employer shall not be required to state the reason of termination of employment, if the employment was terminated during probation.
Redundancy and unfair dismissal
The employer is under a legal obligation to re-engage an employee previously dismissed on the basis of redundancy if the post formerly occupied by him/her becomes available within a period of one year from the date of dismissal. If the employer breaches this legal obligation, the employee can initiate proceedings before the Industrial Tribunal within four months from the said breach.
An employee who alleges unfair dismissal can lodge a complaint to the Industrial Tribunal within four months from the dismissal.
Settlement of outstanding dues
Without prejudice to what may be due under the law relating to notice, the employee is entitled to be paid for all entitlements, on a proportional basis according to the period of employment. Employees who had their employment terminated are to see that they receive any remuneration that may be due to them that include wages, overtime payments, statutory bonuses, notice money and monetary settlement of leave not availed of. All outstanding wages should be settled by the next pay date following the termination of employment. An employee who is not paid for his/her work or does not receive his/her wage on time must first bring this to the attention of his employer. If the employer persists in not issuing the payment due, the employee can report the matter to the Department of Industrial and Employment Relations for action from its end.
On forwarding a claim to the Department to recover any payments due by the employer, the employee is to provide any documents which are of relevance to his/her case. These documents should include copies of the engagement and termination forms issued by Jobsplus; of the FS3 form; of Payslips and of the Identity Card.