Severance pay
The compensation that a worker is entitled to receive in the event of dismissal malaysian phone numbers depends on the judicial classification of the dismissal and the reasons for it. Thus, depending on the classification of the dismissal , the worker will be entitled to 45/33 days or 20 days of salary per year worked.
Types of dismissal
Objective or collective dismissal: based on causes established by law (economic, technical, organizational or production reasons). Compensation of 20 days per year worked is established , according to article 52 of the Workers' Statute.
Disciplinary dismissal: due to serious behaviour by the employee and the company sanctions him/her with dismissal. He/she is not entitled to compensation .
If the contract is terminated by the employee's will but for the reasons set out in Article 50 of the Workers' Statute, he or she is entitled to compensation as if it were an unfair dismissal.
Dismissal qualification
Appropriate: the dismissal complies with the law .
Unfair: the dismissal is not justified. The employee is entitled to compensation of 45 or 33 days for each year worked . Compensation of 45 days will apply until 12 February 2012 and 33 days thereafter.
Null: the dismissal is not in accordance with the law and is also discriminatory. The company must reinstate the worker and pay him the procedural wages.
"Unfair dismissal = 45/33 days' compensation, fair dismissal = no compensation; void dismissal = reinstatement."
At the end of the contract
Article 49.1, section C of the Workers' Statute refers to the termination of contracts (due to expiration of the agreed time or the completion of the work or service that is the subject of the contract).
When the temporary contract ends, the worker will be entitled to receive compensation of 12 days' salary per year of service, except in the case of interim contracts and training contracts.
Calculation of compensation
Compensation depends on three factors: the employee's salary , his or her seniority and the type of dismissal or termination of the employment relationship.
The first thing to calculate is the daily salary (including extra payments if they are not prorated); then the years worked and finally apply the corresponding compensation.