When an employer has the right to terminate employment at any time without notice it is referred to as ?

Illegal terms of contract of service

8.  Every term of a contract of service which provides a condition of service which is less favourable to an employee than any of the conditions of service prescribed by this Act is illegal and void to the extent that it is so less favourable.

9.—(1)  A contract of service for a specified piece of work or for a specified period of time, unless otherwise terminated in accordance with the provisions of this Part, terminates when the work specified in the contract is completed or the period of time for which the contract was made has expired.

(2)  A contract of service for an unspecified period of time is deemed to run until terminated by either party in accordance with the provisions of this Part.

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 the firstmentioned party’s intention to terminate the contract of service.

(2)  The length of the notice must be the same for both employer and employee and is to be determined by any provision made for the notice in the terms of the contract of service, or, in the absence of such provision, must be in accordance with subsection (3).

(3)  The notice to terminate the service of a person who is employed under a contract of service must be at least —

(a) one day’s notice if the person has been so employed for less than 26 weeks;
(b) one week’s notice if the person has been so employed for 26 weeks or more but less than 2 years;
(c) 2 weeks’ notice if the person has been so employed for 2 years or more but less than 5 years; and
(d) 4 weeks’ notice if the person has been so employed for 5 years or more.

(4)  This section does not prevent either party from waiving that party’s right to notice on any occasion.

(5)  The notice must be written and may be given at any time, and the day on which the notice is given is included in the period of the notice.

Termination of contract without notice

11.—(1)  Either party to a contract of service may terminate the contract of service without notice or, if notice has already been given in accordance with section 10, without waiting for the expiry of that notice, by paying to the other party a sum equal to the amount of salary at the gross rate of pay which would have accrued to the employee during the period of the notice and in the case of a monthly‑rated employee where the period of the notice is less than a month, the amount payable for any one day is the gross rate of pay for one day’s work.

(2)  Either party to a contract of service may terminate the contract of service without notice in the event of any wilful breach by the other party of a condition of the contract of service.

12.—(1)  Despite any other written law, a person below 18 years of age is, subject to the provisions of this Act, competent to enter into a contract of service.

(2)  No contract of service as an employee is enforceable against a person below 18 years of age and no damages or indemnity are recoverable from that person in respect of the contract of service unless it is for his or her benefit.

When contract deemed to be broken by employer and employee

13.—(1)  An employer is deemed to have broken the employer’s contract of service with the employee if the employer fails to pay salary in accordance with Part 3.

(2)  An employee is deemed to have broken the employee’s contract of service with the employer if the employee is absent from work for more than 2 days continuously without prior leave from the employer and —

(a) the employee has no reasonable excuse for the absence; or
(b) the employee does not inform and does not attempt to inform the employer of the excuse for the absence.

[27/2015]

Liability on breach of contract

16.  Subject to anything in the contract of service to the contrary, the party who breaks the contract of service is liable to pay to the other party a sum equal to the amount the firstmentioned party would have been liable to pay under section 11 had the firstmentioned party terminated the contract of service without notice or with insufficient notice.

When can an employer terminate an employee without notice?

If an employee has been with the company for more than three months but less than a year, the employer needs to give at least 14 days of notice. The notice is not necessary if the employee is being terminated for misconduct.

What happens if employer terminates employee without notice?

The employee can send a legal notice to the employer in case of such unjust termination. The employee can finally move the Labor Court, in case no relief is provided from the employer. Once the Codes are effective, it will be the Industrial Tribunal, rather than Labour Courts.

What is dismissal without notice?

'Summary dismissal' is dismissal without notice and is only allowed for 'gross misconduct'. This is where a situation is serious enough for your employer to dismiss you without warning (for example, for violence).

Is the employer have the right to terminate an employee?

Employers can dismiss an employee based on just and authorized causes. Just causes are based on acts attributable to an employee's own wrongful actions or negligence while authorized causes refer to lawful grounds for termination which do not arise from fault or negligence of the employee.