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Hello,

I work in HR for a company and need some advice please.

My company is governed under Tecom and we offer all employees a standard employment contract which states that all employees have a 2 month notice period. We have had to make an employee redundant due to lack of work and have given him two months notice during which he has to be in the office and work. However, he is not doing any of the work given to him. Can we legally reduce the notice period to one month and ask him to go or will we have to keep the 2 month notice period?

Any assistance with this will be greatly appreciated. We obviously want to keep everything legal and above board, but resent having to pay an employee who is not doing what he is paid for.
 

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The best way of protecting yourself is to give him a written warning about his conduct and submit to Ministry of Labour so that it's on file. If he still refuses to do any work, you can then dismiss him and I think that means you don't need to pay him gratuity, etc, either.

Not that I think that's overly fair or anything, but if you have a guy refusing to do any work, you need to do something I guess.

You should also be aware that if the employee is on a fixed term contract (i.e. 2 or 3 years) and not an open-ended contract, you should be required to give him 3 months compensation.

Article 115

Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article 120, he shall be required to compensate the worker for any damages the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of 3 months, or the remaining term of the contract, whichever is shorter.
We just made some people redundant also, they all got 1 month notice to work through plus 3 months additional salary when they left.
 

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Hello,

I work in HR for a company and need some advice please.

My company is governed under Tecom and we offer all employees a standard employment contract which states that all employees have a 2 month notice period. We have had to make an employee redundant due to lack of work and have given him two months notice during which he has to be in the office and work. However, he is not doing any of the work given to him. Can we legally reduce the notice period to one month and ask him to go or will we have to keep the 2 month notice period?

Any assistance with this will be greatly appreciated. We obviously want to keep everything legal and above board, but resent having to pay an employee who is not doing what he is paid for.
Been a while since I looked at the LL, but I'm fairly sure anyone can fired without notice, without EOSB, for purposely and intentionally failing to do their job (i.e. gross negligence).
 

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ARTICLE (120) The employer may dismiss the employee without notice in the following cases:
1. If the employee adopts a false identity or nationality or if he submits forged documents or certificates.

2. If the employee is appointed under a probationary period and dismissal occurred during or at the end of said period.

3. If he commits an error causing substantial material loss to the employer provided that the latter advises the labour department of the incident within 48 hours from having knowledge of the same.

4. If the employee violates instructions concerning safety of the place of business provided that such instructions are displayed in writing at conspicuous places and in case of an illiterate employee the latter be informed verbally of the same.

5. If he fails to perform his basic duties under the contract of employment and persists in violating them despite formal investigation with him in this respect and warning him of dismissal if the same is repeated.

6. If he divulges any secrets of the establishment where he is employed.

7. If he is awarded final judgement by the competent court in respect of an
offence prejudicing honour, honesty or public morals.

8. If during working hours he is found drunk or under the influence of drug.

9. If in the course of his work he commits an assault on the employer, the manager or any of his colleagues.

10. If he absents himself without lawful excuse for more that twenty intermittent days or for more than seven successive day during one year
 

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As I said, give him a written warning and explain that if it continues you'll be within your rights to fire him with no further notice and no payment of gratuity.

I hope for his sake that's enough to get him to play ball, being made redundant is never a nice thing.
 
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