Depending on length of service (six weeks to five months’ salary payment) according to law as well as compensation payments for unused holidays. Deviating contractual agreements in favour of the employee are possible.
Basically from the first day of employment. A one month probationary period can be agreed upon during which the employment can be terminated by both sides with immediate effect without further (monetary) consequences (unless the termination was discriminatory).
In cases where an employer termination is found to be illegal, the employee is entitled to reinstatement or, if impossible, to double the statutory severance pay.
If the employment law relationship has been invalidly terminated, the employee may notify the employer in writing that he insists on being further employed. The employment relationship shall continue to exist and the employer shall be obliged to provide the employee with compensation for wages. The employee shall be entitled to compensation in the amount of the average earning from the date of notification to the employer until the time when the employer allows the employee to continue his work or when the employment relationship validly ends.
Invalidity of termination of an employment relationship may be claimed by both, the employer and the employee, at the courts no later than within two months of the date when the employment relationship was to end through such termination.
England & Wales
Approximately £85,000 plus up to approximately £15,000 depending on age and years of service. Two years
Maximum amounts of damages fixed by the French labour Code in consideration of the employees’ seniority: from a maximum of one month’s gross remuneration for an employee having less than 1 year seniority to a maximum of 20 months’ gross remuneration for an employee having more than 29 years’ seniority (not including any damages on other grounds, such as moral harassment, overtime, etc.).
No statutory law for damage compensation;
A dismissal needs to have a justified reason (operational, personal or behavioural reason) if the German Act Against Unfair Dismissal (KSchG) applies where 6 months’ job tenure and more than 10 employees employed in the operation;
If the dismissal is void and the claim of the employee successful, the employee will have to be re-employed or the employer needs to buy-out by a severance payment (as a rule of thumb 0.5-1 monthly salary per year of employment);
Smaller businesses up to 10 employees are not subject to unfair dismissal protection.
In the case of an unreasonable dismissal, the Labour Tribunal may order:
- terminal payments (for a continuous contract of not less than 24 months)
In the case of an unreasonable and unlawful dismissal, Labour Tribunal may order:
- terminal payments; and
- an award of compensation not exceeding HKD$150,000
Once the probation period has expired, the termination of the employment relationship shall be justified with at least one of the listed reasons of the Act (in connection to the employee’s behaviour in relation to the employment relationship, or employee’s ability or the employer’s operations) which means the employer must provide a specific reason for dismissing an employee within a certain time frame following the occurrence of the cause.
In case of wrongful termination of an employment relationship the compensation paid by the employer for loss of income from employment payable to the employee may not exceed twelve months’ salary. In addition the employee is entitled to severance pay as well, if his employment relationship was wrongfully terminated. The concrete amount of the severance payment depends on the length of service at the employer (beginning with 1 month’s salary after three years and up to 6 month’s salary after 25 years).
The maximum damages for unfair dismissal is two years' gross remuneration. Generally, an employee must have 12 months' continuous service to bring a claim for unfair dismissal.
Statutory compensation of 1/3rd of a monthly salary per year of service applies upon termination.
Possible unfair dismissal damages in exceptional cases, has no maximum amount
Reinstatement to work with the former conditions or monetary compensation. This compensation amounts to the remuneration due for a period ranging from two weeks to three months not less than the remuneration for the period of notice (statutory max. three months).
There is no statutory maximum limit on damages to be awarded for unfair dismissal, whether the employees fall within or outside the Employment Act.
For employees covered under the Employment Act, after 12 months of work for the employer they have the right to submit an appeal to the Minister for Manpower within 1 month from date of dismissal. The Minister of Manpower may order (i) reinstatement or (ii) compensation
Where the court decides on the invalidity of the termination of employment, the employee may receive wage compensation from the day he/she announced the employer that he/she insists on keeping a job until the employer enables the employee to keep working, or until a court rules on employment termination. Such a period may not exceed 36 months.
If this period exceeds 12 months, the employer may ask the court to reduce wage compensation down to 12 months. The entitlement of the employee to receive wage compensation for unfair dismissal is not conditional upon the length of his/her service at the employer.
United Arab Emirates
The maximum compensation for an arbitrary dismissal that can be awarded to an employee is an amount equivalent of up to three times the employee's monthly salary.
No minimum length of service required to claim arbitrary dismissal after the expiration of the probation period.