Learn about the legal processes for employee termination and severance in Kiribati
In Kiribati, the Employment and Industrial Relations Code 2015 (EIRC 2015) provides guidelines on notice periods for termination of employment contracts.
According to the EIRC 2015, the minimum notice periods an employer must provide an employee before termination are based on the employee's length of service:
It's important to note that these are minimum requirements. An employment contract can stipulate a longer notice period, provided it applies fairly to both employer and employee.
There are also additional considerations to keep in mind:
For the most current regulations and interpretations regarding notice periods in Kiribati, it's recommended to consult the Ministry of Employment and Labour Relations.
In Kiribati, the Employment and Industrial Relations Code of 2015 (EIRC 2015) is the primary legislation that governs severance pay.
An employee is entitled to severance pay in Kiribati under the following conditions:
The calculation of severance pay in Kiribati is based on:
The specific formula for calculating severance pay is detailed in Section 100 of the EIRC 2015.
The EIRC 2015 outlines the requirements for employers when terminating employment due to redundancy:
It's important to note that the severance pay provisions in the EIRC 2015 represent minimum entitlements. Some employment contracts or collective agreements may provide for more generous severance pay arrangements.
In Kiribati, employment can be terminated in several ways. These include mutual agreement, where the employer and employee mutually agree to end the employment relationship. Another way is the expiry of a fixed-term contract, which ends on its specified end date. Lastly, an employer-initiated termination can occur for reasons such as redundancy, misconduct, or poor performance.
For termination due to misconduct or poor performance, employers must follow fair disciplinary procedures. This includes thoroughly investigating allegations, providing the employee a chance to explain themselves and address the allegations, keeping clear records of the process, and in some cases, the employee may have a right to appeal the termination decision.
When termination is due to redundancy, the EIRC requires employers to consult with employees to discuss the reasons for redundancy and potential alternatives. They must also explore redeployment options and consider whether the employee can be redeployed to another suitable role. Furthermore, they must use fair criteria if it's necessary to select employees for redundancy.
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