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According to the employment contract signed by both parties, you need to inform the employee 2 months in advance. The termination date is calculated from the day you give the notice, and the day before the same day of the next month.
Since notice periods are typically by months (i.e. one month or three months), the salary-in-lieu of notice can be simply the employee's one month salary. However, if notice period is counted in weeks, then the number of days the employee was supposed to work should be taken into account.
Calculate the pay the employee would have earned during that period (Breathe HR can help with this). Where you don't have any provision for PILON you should pay all pay and benefits that would have accrued over the notice period. PILON should normally be made immediately on termination of employment.
It is the actual date of termination that matters, not the date that termination would have occurred if notice had been given, and the employer should calculate payment under reg. 14 accordingly.
The notice period is generally calculated based on the respective employment periods of the employee and the terms signed, which is mandatory for employees to serve the same. The notice period employee has to follow according to the regulations is a minimum of 30 days and a maximum of 90 days.
PILON should normally be made immediately on termination of employment.
If a notice period such as one month is required for an employer to terminate a contract, a 'payment in lieu of notice' is immediate compensation at an amount equal to that an employee would have earned as salary or wages by working through the whole notice period: for example, one month's salary.
Yes. The amount of notice depends on how long the employee has worked for the same employer. Employers can either allow the employee to work out this notice period, or pay wages in lieu of notice for the same number of weeks, or a combination of both.
Payment in lieu of notice You get all of the basic pay you would've received during the notice period. You may get extras such as pension contributions or private health care insurance if they're in your contract. Your employer may still offer you payment in lieu of notice, even if your contract does not mention it.
PILON & redundancy Payment in lieu of notice is often made in redundancy situations. Employers can terminate the contracts of employees being made redundant immediately, meaning the employees do not have to work their notice period. In such cases, the employees should still by law be paid for the notice period.