Termination and End-of-Service Rights
When an employer terminates an employment contract for legitimate business, economic, or operational reasons, the employee retains full statutory entitlement to end-of-service gratuity for all completed years of service, provided they have worked at least 1 full year.
Arbitrary or Unlawful Termination Protections
Under Article 47 of Decree-Law No. 33 of 2021, if an employer terminates an employee due to the employee filing a serious complaint with MOHRE or initiating legal action, the termination is deemed arbitrary. The labour court can order the employer to pay up to 3 months of total salary in compensation in addition to full gratuity and notice pay.
Article 44 Summary Dismissal Exceptions
Under Article 44, an employer may terminate an employee without notice only under severe, substantiated infractions (such as forgery of documents, severe material loss to the establishment, intoxication during working hours, or disclosing commercial secrets). In such cases, while notice pay is forfeited, statutory earned gratuity remains protected unless forfeiture is explicitly ordered by a competent court judgment.