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Termination of Contract

ilac1980

2 days ago, Our HR representative told me that my employer is ending/terminating my contract. My contract would have ended April 29, 2023. He told me that my last day will be December 9, 2022. I am ok with since since I wouldn't want to renew my contract anyways.


I have been working for this company for 6 years. Had my company finished my contract, it would have been 7 years.


No I have several questions regarding this:


1) Someone told that since the company terminated the contract, I am entitled  to my salary until April of 2023.


2) For ESB computation, I saw an End of Service calculator from QIWA. What I want to know is should I put December 9, 2022 (my last day of work) or April 29, 2023 (expiration date of my contract) at the End of Last Contract field?


3) I have not taken my annual vacation for this year. My vacation pay and value of the ticket for this year's vacation should be included on my last payment right?


4) According to Article 88:


Upon the end of the worker’s service, the employer shall pay his wages and settle his entitlements within a maximum period of one week from the date of the end of the contractual relation. Now my company has a history of paying us late. So if they are not able to settle this in 1 week, I can file a complaint to Ministry of Labor?


5) Since I was flown here by my company from my country, I understand that they may not grant me a transfer, and based in the history of my company, they do not grant transfers unless they hire as a transfer. The question is, Can I ask for a settlement of instead of giving me a ticket back to my country can I just ask for them to grant me a transfer? Since it would save them money from buying my return ticket and spending on my final exit visa?


Ihope somebody can answer my questions.


Thank you.

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saqayyum2000

2 days ago, Our HR representative told me that my employer is ending/terminating my contract. My contract would have ended April 29, 2023. He told me that my last day will be December 9, 2022. I am ok with since since I wouldn't want to renew my contract anyways.
I have been working for this company for 6 years. Had my company finished my contract, it would have been 7 years.

No I have several questions regarding this:

1) Someone told that since the company terminated the contract, I am entitled to my salary until April of 2023.

2) For ESB computation, I saw an End of Service calculator from QIWA. What I want to know is should I put December 9, 2022 (my last day of work) or April 29, 2023 (expiration date of my contract) at the End of Last Contract field?

3) I have not taken my annual vacation for this year. My vacation pay and value of the ticket for this year's vacation should be included on my last payment right?

4) According to Article 88:

Upon the end of the worker’s service, the employer shall pay his wages and settle his entitlements within a maximum period of one week from the date of the end of the contractual relation. Now my company has a history of paying us late. So if they are not able to settle this in 1 week, I can file a complaint to Ministry of Labor?

5) Since I was flown here by my company from my country, I understand that they may not grant me a transfer, and based in the history of my company, they do not grant transfers unless they hire as a transfer. The question is, Can I ask for a settlement of instead of giving me a ticket back to my country can I just ask for them to grant me a transfer? Since it would save them money from buying my return ticket and spending on my final exit visa?

Ihope somebody can answer my questions.

Thank you.
-@ilac1980

as per law yes they must pay your salary upto you contract date

for ESB your last working day will be taken to calculate your ESB

your un paid vacation must be paid off

if you find any good job offer you can negotiate with your HR to get transfer by negotiating on your ESB

all above point are subjected on what basis company is terminating your contract, if it is because they dont have business or your project is finished then they must pay all above but if you have warning letters or company proof this is because of your irresponsibility or lack of job knowledge then you will not be able to get any, so if you sign any document you must be careful.

ilac1980

@saqayyum2000

thanks.... there is nothing that's written on the contract termination paper except for the last day of my work and that they are terminating the contract. No reasons of why they are terminating the contract.


So I guess I have a good chance of getting what I am entitled to.


We have not talked about my ESB and separation pay.

XTang

1) Yes

2) Last working day

3) Vacation pay, yes.  Ticket they can issue you, don't have to pay in cash

4) Yes

5) This is your negotiation with your company and is entirely up to them.

butadiene4000

Try to negotiate with them better, Labor court cases could take long time to be closed, and the behavior of your ex-employer could be aggresive and harmful aginist your complaint in the labor court