CHAPTER VII
TERMINATION AND SEVERANCE PAY
深思熟虑是什么意思SECTION I
Termination of Employment
Article 113
An employment contract shall terminate in any of the following cas:
••By mutual agreement of the Parties, provided that the worker's connt is given in writing;
••Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law; ••For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
Article 114
An employment contract shall not terminate by reason of the employer's death unless the subject of the contract is connected with his person. A contract shall, however, be terminated by reason of the worker's death or total disability to work, as established by a medical certificate approved by the competent health authority in the State.
If a worker is capable, notwithstanding partial disability, of performing other work consistent with his state of health, the employer shall assign him, at his request, to that other work, if available, and pay him the wage normally paid to holders of such jobs, without prejudice to any entitlements and compensation due to the worker under this Law.
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than tho specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no ca exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwi stipulated in the contract.
Article 116
Where a contract is revoked by the worker for reasons other than tho specified in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwi stipulated in the contract.
Article 117
1. Either the employer or the worker may terminate an indefinite term
contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. 2.For the daily-paid workers, the notice period shall be as follows:
a-a-One week: if the worker has been employed for more than six months but less than one year.
b-b-Two weeks: if the worker has been employed for not less than one year.
c-c-One month: if the worker has been employed for not less than five years.
Article 118
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests.
The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article 119怎样学习象棋
一天天的英文If either the employer or the worker reduces the period of, or fails to rve a notice of termination on the other, the forbearing party shall pay the other a "compensation in lieu of notice", irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the ca of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the ca of tho paid on piecemeal.
Article 120
An employer may dismiss a worker without notice if and only if the worker:
a-a-Assumes a fal identity or nationality or submits forged certificates or documents.
b-b-Is engaged on probation and is dismisd during or at the end of the probationary period;
c- commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labour department of the incident within 48 hours of his becoming aware of its occurrence;
d- disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in ca he is illiterate;
e- defaults on his basic duties under the contract and fails to redress such default despite a written interrogation and a warning that he will be dismisd if such default is repeated;
f- is finally convicted by a competent court of a crime against honour, honesty or public morals
g- reveals any confidential information of his employer;
h- is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
i- assaults the employer, the manager in charge or any of his workmates during working hours; or
j- abnts himlf from work without a valid reason for more than 20 non-successive days in one single year, or for more than ven successive days.
Article 121
A worker may abandon his work without notice in either of the following cas:
A-A-If the employer fails to honour his obligations towards the worker, as provided for in the contract or in this Law.
B- If he is assaulted by the employer or the employer's legal reprentative.
Article 122
A worker's rvice shall be deemed to be arbitrarily terminated by his employer if the reason for termi
nation is irrelevant to the work. More particularly, a termination shall be regarded as arbitrary if it is prompted by a formal complaint filed by the worker with the competent authorities or a
legal action instituted against the employer that proved to be valid.
Article 123
a- Where a worker is arbitrarily dismisd, the competent court may order the employer to pay him a compensation, to be assd by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of rvice, and after investigating the work circumstances, provided that such compensation shall in no ca exceed the worker's wage for three months, calculated on the basis of his last wage.
b. The provisions of the preceding paragraph shall not prejudice the拜年祝福语
丰胸女人worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
Article 124
An employer may not terminate the rvice of a worker for lack of medical fitness before the worker exhausts all the periods of leave legally due to him. Any agreement to the contrary shall be null and void, even if concluded before this Law comes into effect.
端午粽教案Article 125
The Employer shall provide the worker, at the latter's request upon expiry of his contract, with an end of rvice certificate, which shall be free of charge and shall specify the rvice commencement and end dates, total period of rvice, the nature of the work he was performing, and his last wage and supplements, if any. The Employer shall return any certificates, documents and tools belonging to the worker.
Article 126
Where a change occurs in the form or legal status of the firm, employment contracts that are valid at the time of such change shall remain in force between the new employer and the firm workers, and their rvice shall be deemed to be continuous. The original and the new employers shall remain jointly liable for a period of six months for the discharge of any obligations resulting from employment contracts during the period preceding the change; after the lap of that period the new employer sh
all solely bear such liability.
Article 127
师爷说新闻Where the work assigned to a worker allows him to become acquainted with the employer's clients or to have access to his business crets, the employer may require him to undertake not to compete with him or participate in any enterpri competing with his own, after the
termination of his contract. For such an undertaking to be valid, the worker must be at least 21 Gregorian years of age at the time the agreement is concluded, and the agreement must be confined, in terms of time, place and the nature of the business, to the extent necessary to safeguard the employer's legitimate interests.
Article 128
A non-National worker, who abandons his work without a valid reason before the expiry of his definite term contract, may not, even with the employer's connt, take up other employment until the lap of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his rvice before the lap of such period.
Article 129
A non-National, who notifies the employer of his desire to terminate his indefinite term contract but abandons his work before the expiry of the statutory period of notice, may not, even with the employer's connt, take up other employment until the lap of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his rvice before the lap of such period.
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Article 130
The provisions of Articles 128 and 129 shall not apply to a non-National worker who, before taking up other employment, obtains the approval of the Minister of Labour and Social Affairs bad on the connt of the original employer.
Article 131
Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his rvice.
Without prejudice to the foregoing, if the employer fails to return the worker or to pay his repatriation expens, the competent authorities shall do so at the employer's expen and may then recover any expenditure incurred in this connection by attachment.
Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expen if he has the means to pay.
