What is termination
When either you or your employer wants to end the employment relationship, you do so by terminating the contract of service. Termination can be with or without notice, or caused by employee misconduct.
Who can terminate a contract
Either the employer or employee can terminate a contract of service. Termination may happen because:
- You resign.
- Your employer dismisses you.
- The contract terms have expired, such as when a project or contract period is completed.
Both parties must follow the terms and conditions for termination as stated in the contract of service.
If your resignation is rejected
Your employer cannot reject your resignation. You have the right to resign at any time, by serving the required notice or by paying compensation to your employer in lieu of notice.
It is an offence for employers to disallow employees to leave their job.
What to do during termination
Here is an overview of what you should do as an employee during termination:
- You must give your employer advance notice in writing, according to the terms of your contract. You can also use your annual leave to offset the notice period.
- If you decide to terminate without notice, you will have to pay compensation in lieu of notice.
- If termination is due to misconduct, your employer must hold an inquiry before taking any disciplinary action.
- If you believe that you have been wrongfully dismissed, you can file a wrongful dismissal claim at TADM.