← Your rights

Your rights

Can my employer fire me without notice?

Short answer

No. For establishments with 100+ workers, government permission is needed for retrenchment. Others need 1 month notice or pay in lieu. Termination must have valid reason.

Understanding the issue

An employer cannot terminate you without following due process. For establishments with 100 or more workers, retrenchment requires prior permission of the appropriate government under the Industrial Disputes Act Section 25N. For other employees, the employer must give 1 month's notice or pay salary in lieu of notice. The termination must be for a valid reason — misconduct, poor performance (with documented warnings), redundancy, etc. A domestic inquiry must be conducted for termination due to misconduct. If you believe your termination is wrongful, file a complaint with the Labour Commissioner or raise an industrial dispute. You may be entitled to reinstatement with back wages.

Laws that apply

  • Industrial Disputes Act — Section 25F (Conditions for retrenchment)
  • Code on Wages
  • Employment contract terms