Tag archives: notice of termination

France: The complex consequences of the occurrence of gross misconduct during the notice period

The general rule under French law is that when employment contracts are terminated, employees are entitled to a prior notice period, the length of which depends on the status of the employee (executive or non-executive), their length of service, and in some cases their age.

The applicable rules are generally set by the sector-wide collective bargaining agreement (a large majority of employers in France are subject to such collective bargaining agreements).

Employees may either be asked to work during their notice period, or be released from working during it. In the latter case, they are entitled to receive their full … Continue Reading

Singapore: “Watershed” Amendments to Employment Legislation

Singapore’s employment laws are set to undergo watershed changes come April 2019. In summary, a greater number of employees – in particular, professionals, managers and executives (“PMEs”) – will soon be able to avail themselves of the statutory protections contained in Singapore’s Employment Act, the key employment legislation in Singapore.

The single most significant legislative change is the removal of the monthly salary cap of SGD 4,500 in respect of PMEs. Presently, only PMEs below this salary cap have the benefit of the provisions in the Employment Act relating to minimum periods of notice, paid public holiday and … Continue Reading

What is the latest on employees’ rights in the event of redundancy in Germany?

In business, the restructuring of a company (such as by the closure of an individual business unit or a necessary reduction in the number of staff) may result in an employee’s redundancy. However, dismissing an employee by reason of redundancy has strict prerequisites under German law.

The main requirements which must be observed under German law for a dismissal based on redundancy are as follows:

  • In business units with more than ten employees (more than five if hired before 31 December 2003), and if an employee has been at the company for more than six months, a specific justification for
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Recent changes to the law on the dismissal of severely disabled employees

In Germany, as of 1 January 2017, various amendments to the law on severely disabled persons came into force. Of particular importance is a new regulation relating to the dismissal of severely disabled employees.

Until the recent changes came into force, before the dismissal of a severely disabled employee the representative body for severely disabled employees had to be heard in accordance with the relevant provisions of the German Social Code Book IX (SGB IX). However, this was not a prerequisite for the effectiveness of the dismissal and therefore rather irrelevant.

Since the beginning of this year, however, the hearing … Continue Reading

What are the employment implications of the transfer of a business in the US?

When a buyer acquires the assets of another company, both the buyer and the seller must focus on federal and state laws in the United States which impact on employees who transition on the sale of the business.  For example, if a sufficient number of employees are affected, the federal Worker Adjustment and Retraining Act (“WARN”) may require the seller to provide 60 days’ notice to those individuals who might experience a job loss, to a union if they are represented, and to agencies of the state and locality in which they work.  Some states have comparable notice and compliance … Continue Reading

Notice rights – what rights do employees have to notice of termination of employment in the US?

Employees in the United States are generally considered employed at-will in most jurisdictions, meaning that either the employee or the employer can terminate the relationship at any time, for any reason or no reason at all, without providing notice. The general rule gives way, however, in limited circumstances which trigger certain federal (and potentially state-specific) statutory notice requirements. The Worker Adjustment and Retraining Notification (WARN) Act and the Older Worker Benefit Protection Act (OWBPA) are two such statutes. Although the notice provisions under these laws apply in relatively narrow circumstances, failure to comply when they are triggered can result in … Continue Reading

Notice Rights – What Rights Do Employees Have To Notice On Termination Of Employment

Notice rights have the purpose of giving the employee the opportunity to take appropriate measures in preparation for the termination. The obligation of the employer to adhere to certain notice periods and the length of these notice periods depend - amongst other things - on the characterisation of the termination and the duration of the employment relationship.
 For an ordinary dismissal (ordentliche Kündigung), advance notice must always be given, regardless of the circumstances of the dismissal. In most cases, the German Act on Protection against Dismissal (the Act) applies, allowing dismissal only for certain causes. If an employer 
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Notice rights – what rights do employees have to notice on termination of employment?

In Canada, particularly in the province of Quebec, the length of notice of termination to which an employee is entitled is fairly generous. In Quebec, the right to notice is mainly governed by two pieces of legislation, namely the Civil Code of Quebec (CcQ) and the Act respecting labour standards (LSA). While the provisions of the CcQ apply to all parties bound by a contract of employment, the LSA provides labour standards for specific categories of employees.

Notice of termination under the LSA

Under the LSA, an employer must give written notice to an employee before terminating his contract of … Continue Reading

Notice rights – what rights do employees have to notice on termination of employment in the UK?

In the UK, an employee’s notice rights are governed primarily by the terms of the employment contract but are also subject to the statutory right to a minimum period of notice dependent on length of service.

Notice will usually be required to terminate the employment contract lawfully. Exceptions to this, where there are lawful grounds for termination without notice, are explained further below.

Contractual right to notice

As a general rule, the period of notice to which an employee is entitled on termination of employment is expressly set out in the terms of the employment contract. As long as this … Continue Reading

Effectiveness of a notice of dismissal by the chief human resource manager in Germany

In a recent decision the German Federal Labour Court made some welcome clarifications with regard to the entitlement to give and to reject a notice of dismissal.

Basic principles re the entitlement to give and to reject a notice of dismissal

Under German law notice can only be given by duly authorized persons and, in case of any doubts about the authorization, the terminated employee may reject the dismissal. In particular where there are deadlines (e.g. the end of a probationary period) such rejection can lead to significant additional costs for the employer as any new dismissal following the rejection … Continue Reading

Notice of Termination Pending Sale of Business Inadequate Says BC Court of Appeal

When does notice of termination actually occur when there is a sale of business? That was the question considered recently by the British Columbia Court of Appeal in the recent case of Kerfoot v Weyerhaeuser Company Limited, 2013 BCCA 330 (CanLII).  The answer could have significant implications for potential liability associated with a sale of business (particularly in the context of an asset sale), even when employees are offered new employment.

Weyerhaeuser Company Limited (“Weyerhaeuser”) informed their employees that they intended to sell their business to Domtar Corporation (“Domtar”) and that the sale would close in approximately 6 months’ … Continue Reading

Is notice of dismissal a dismissal under the Fair Work Act?

In a novel decision, the Fair Work Commission (the FWC) has held that it has jurisdiction to hear an unfair dismissal application under the Fair Work Act 2009 (FW Act) that was made after the employer has given notice of termination, but before the employment relationship ended.

In Mr Michael Kovac v Aboriginal Legal Service (NSW/ACT) Limited [2013] FWC 6832, Senior Deputy President Drake heard an objection by the Aboriginal Legal Service (the ALS) to the Applicant’s claim. ALS submitted that the FWC did not have jurisdiction to hear the application as it was filed … Continue Reading

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