Learn about the legal processes for employee termination and severance in Yemen
In Yemen, the notice periods required for employment termination are dictated by the Yemeni labor law. These periods vary depending on the type of termination and the party initiating it.
The Labor Law No. 65 of 1995 (Yemeni Labor Law) is the primary legal reference for notice periods in Yemen.
The Yemeni Labor Law (Articles 40 & 41) outlines different notice periods for termination initiated by the employer or the employee:
Employer-Initiated Termination:
Employee-Initiated Termination:
In Yemen, severance pay entitlements are governed by the Yemeni Labor Law No. 5 of 1995. The main conditions for severance pay, also known as end-of-service gratuity, are set forth in Article 120(2) of this law.
Severance pay is mandatory in Yemen under certain conditions. These include termination of employment, which encompasses situations where the employee resigns, is dismissed (except for gross misconduct), or the employment contract ends. Additionally, severance pay applies to employees who aren't entitled to a pension or lump-sum payment under the Social Insurance Act or other relevant regulations.
The severance pay amount is calculated based on the length of service and the final salary. Employees are entitled to one month's wages for every year of service. The severance calculation uses the employee's last received wage.
There are additional factors that can affect severance pay. If an employee is terminated due to gross misconduct, they generally forfeit their right to severance pay. However, employees dismissed without a valid reason may be entitled to compensation of up to six months' wages, as determined by an arbitration committee or court.
Employers are required to pay the calculated severance pay along with the employee's final wages and any other outstanding balances.
Yemeni law recognizes several types of employment termination:
While there are specific rules depending on the type of termination, here are the common steps an employer must follow:
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