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 relevace to his/her case, mainly:

• c​opies of the engagement and termination forms (if applicable) issued by Jobsplus.
• contract of employment/letter of appointment / statement by the employer.
• payslips.
• FS3.
• proof of payment (bank transfers, cheque statements).
• Working Hours.
• vacation and sick leave records.
• Full & final settlements of wages.
• Email or any other form of correspondence with employer.
• any other documents related to that particular period of employment.​

Where there is no justified reason to terminate an employment that is on definite basis, after the probationary period has passed, the party who breaches the contract is liable to pay the other party a sum equal to half the full wages that would have accrued had the contract of employment remained in force.

Notice is not applicable when the contract is for a definite time. However, if the contract is terminated during its probationary period, one week notice applies, given that the employee has been in employment for more than one month.

It is a fund intended to guarantee payment of unpaid wages (please refer to Question 5) due by an employer to those employees whose employment is terminated because of the employer’s proved insolvency. This Fund is administered by the Guarantee Fund Administration Board.

For the purposes of the Guarantee Fund, an employer shall be deemed to be in a state of insolvency:

(i)    where a request has been made for the commencement of proceedings for bankruptcy of the employer under Part III of the Commercial Code and the Court has established that the employer’s undertaking or business has been definitely closed down, and that the available assets are insufficient to cover the payment of the claim, or

(ii)    where the Court has either appointed a provisional liquidator or administrator, or a liquidator after a winding up order in terms of the Companies Act.

(b)   The date wherein an employer shall be considered to be insolvent shall be the earlier of the date:

(i)   of adjudication of bankruptcy by the Court; or

(ii) when a liquidator is appointed in accordance with the Companies Act.

All employees’ whose employers company is in a state of Insolvency except employees who are:

(a)     private domestic servants;

(b)     share-fishermen; and

an employee who, on his or her own or together with his or her parents, spouse, children or siblings, was the owner or part owner of the employer’s undertaking or business and had a considerable influence on its activities.