FAQs

An employee who alleges unfair dismissal can lodge a complaint to the Industrial Tribunal within four months from the termination of employment.

The employer is under a legal obligation to re-engage an employee previously terminated 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 termination. If the employer breaches this legal obligation, the employee can initiate proceedings before the Industrial Tribunal within four months from the said breach.

Without prejudice to what may be due in respect of notice, the employee is entitled to be paid on a proportional basis according to the period of employment, for all outstanding wages, overtime, leave, bonuses etc, due to him/her as at date of termination.

​The duration of the notice period depends on the employee’s continuous length of service in the same employment:

  • More than one month and up to six months  – one week
  • More than six months and up to two years  –   two weeks
  • More than two years and up to four years  –   four weeks
  • More than four years and up to seven years  –  eight weeks
  • More than seven years and up to eight years  –  nine weeks
  • More than eight years and up to nine years  –  ten weeks
  • More than nine years and up to ten years  –   eleven weeks
  • More than ten years  –  twelve weeks

In the case of technical, administrative, executive or managerial posts longer periods may be agreed by the employer and employee. However, if the employment is terminated during its probationary period, only one week notice applies, given that the employee has been in employment for more than one month.

If the employee chooses to cease performing work on receiving notice from the employer, the employer is obliged to pay the employee a sum equal to half the wages that would be payable in respect of the unexpired period of notice.

If the employee is not given the chance to work the notice, the employer would be obliged to pay the employee a sum equal to full wages that would be payable in respect of the unexpired period of notice.