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Suriname

Termination and Severance Policies

Learn about the legal processes for employee termination and severance in Suriname

Notice period

In Suriname, the notice periods for employment termination are governed by the Civil Code and can be extended through collective bargaining agreements.

Minimum Notice Periods by Law

According to the Suriname Civil Code (Article 1615 i, paragraph 5), the minimum notice periods based on the employee's length of service are as follows:

  • Less than 1 year of service: 1 month
  • 1 to 5 years of service: 2 months
  • 5 years or more of service: 3 months

These minimums apply to both employers and employees initiating termination.

Extensions Through Collective Bargaining Agreements

Collective bargaining agreements negotiated by employee unions can extend the minimum notice periods mandated by the Civil Code. These extensions would be specific to the industry or company covered by the agreement.

Exceptions to Notice Periods

There might be exceptions to notice periods in specific situations, but the details are not readily available in publicly accessible legal resources. It's advisable to consult with a lawyer specializing in Surinamese labor law for a comprehensive understanding of exceptions.

Important Considerations

Employers failing to provide the required notice period must compensate the employee for wages they would have earned during that time. The notice period should be provided in writing to ensure clarity and avoid misunderstandings.

Severance pay

In Suriname, there is no general law that mandates employers to provide severance pay upon termination of employment. This is unlike many jurisdictions where such a provision is statutory.

However, severance pay can be included in individual employment contracts or collective bargaining agreements. In the case of individual employment contracts, provisions for severance pay upon termination under specific conditions may be included. On the other hand, terms for severance pay might be negotiated and included in collective bargaining agreements between employers and trade unions.

It's important to note that if your employment contract or a relevant collective bargaining agreement includes severance pay provisions, you would be entitled to those upon meeting the specified conditions. However, in the absence of contractual or collective agreement provisions, an employer is not legally obligated to provide severance pay in most termination situations in Suriname.

Therefore, it's essential to carefully review your employment contract and any applicable collective bargaining agreements to understand your specific entitlements regarding severance pay.

Termination process

In Suriname, the termination process is primarily governed by the Civil Code, supplemented by individual contracts and collective bargaining agreements.

Types of Termination

There are three main types of termination:

  • Termination with Notice: Either the employer or employee can terminate the employment contract by providing written notice.
  • Termination without Notice (Summary Dismissal): This is permitted only in cases of urgent cause, such as gross misconduct by the employee. Employers must provide a clear and justifiable reason for summary dismissal.
  • Termination by Mutual Agreement: Both parties can mutually agree to end the employment relationship, with terms often established in a settlement agreement.

Procedure for Termination with Notice

The procedure for termination with notice involves three main steps:

  1. Written Notice: The party initiating the termination must provide a written notice specifying the termination date.
  2. Work During Notice Period: Unless otherwise specified, the employee is typically expected to continue working, and the employer must pay due wages and benefits.
  3. Final Settlement: Upon termination, this includes payment of any outstanding wages and unused vacation.

Important Considerations

There are several important considerations to keep in mind:

  • Termination Reasons: Employers must generally have a valid reason for termination that aligns with Surinamese labor law principles and any contractual provisions.
  • Disputes: Employees have recourse to challenge terminations they deem unlawful through mediation or labor dispute mechanisms.

Specific procedural requirements and employee protections might be further outlined in collective bargaining agreements applicable to certain industries or companies.

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