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 salary in lieu of notice. This is money equivalent to the salary that you would have earned during the required notice period.
It is an offence for employers to disallow employees to leave their job.
What to do during termination
Here is an overview of what happens 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 with your employer's agreement.
- If you decide to terminate without notice, you will have to pay salary 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.
- As the workforce of a company directly affects its business, responsible employees should work with their employers to ensure a smooth handover.
- Employers should make sure that all salary and allowances are paid to employees before they leave.
- Employers are encouraged to provide a company point of contact to assist employees with applications for support, such as the SkillsFuture Jobseeker Support Scheme.