1. A foreign worker who has completed at least one continuous year of full-time service shall be entitled to an end-of-service gratuity upon the termination of their employment:
- First 5 Years of Service: 21 days' basic wage for each year of service.
- Subsequent Years (Beyond 5 Years): 30 days' basic wage for each additional year.
- Pro-Rata Calculation: A worker is entitled to gratuity for fractions of a year in proportion to the time served, provided they have completed at least one full year of continuous service.
- Maximum Cap: The total end of service gratuity shall not exceed two years' basic wage (24 months of basic salary).
- Unpaid Leave Deductions: Days of absence without pay shall not be calculated within the period of service.
1. The employer shall bear the expenses of repatriating the worker to the place of recruitment or any other place agreed upon in the employment contract.
2. If the worker joins another employer upon termination, the new employer shall bear the cost of repatriation upon the end of service.
3. If the contract is terminated due to the worker's breach or resignation, the worker shall bear the repatriation costs if they have the financial ability.
1. The worker shall be entitled to a fully paid annual leave of:
- 30 Calendar Days for each year of service after completing one full year.
- 2 Days per Month if the service duration is more than 6 months and less than one year.
2. A worker who is terminated or resigns before utilizing their accrued annual leave is entitled to cash compensation (encashment) calculated on their basic wage for all unused leave days.
An employer may dismiss a worker without notice and without end-of-service gratuity following a written investigation in specific cases, including:
- Adopting a false identity or submitting forged certificates/documents.
- Committing an error resulting in substantial material loss to the employer (reported to MOHRE within 7 working days).
- Breaching safety and occupational health instructions.
- Divulging employer business secrets resulting in loss or advantage to competitors.
- Being found under the influence of alcohol or narcotics during working hours.
- Assaulting the employer, manager, or colleagues during work.
- Absence without valid reason for more than 20 non-consecutive days or more than 7 consecutive days in one year.
1. Either party to the employment contract may terminate the relationship for any legitimate reason, provided that a written notice is served.
2. The notice period shall not be less than 30 days and not more than 90 days.
3. The party terminating without complying with the notice period must pay compensation (pay in lieu of notice) equivalent to the worker's gross wage for the entire notice period or remaining portion.
The employer is legally obligated to pay all wages, end-of-service gratuity, leave encashment, and any other financial entitlements to the worker within 14 calendar days from the date of the contract termination.
