1. Are probationary or contractual employees entitled to separation pay? Probationary employees are generally entitled to redundancy pay if terminated due to redundancy, as long as they have rendered at least one month of service.
Contractual employees may or may not be entitled to redundancy pay, depending on the terms of their contract and if their termination occurs before the end of the contract.
2. Can an employee refuse redundancy? An employee can’t refuse redundancy if the process is legitimate and complies with legal requirements. However, they can contest it if they suspect bad faith or discrimination.
3. Can an employer hire for the same position after making a redundancy? Yes, as long as the redundancy was genuine and legitimate. However, hiring for the same position that was previously made redundant carries high risk. It is always advisable to wait for a year before hiring for the same position.
4. When will the 30-day notice start? The 30 days paid notice starts when KMC-HR informs the employee about the redundancy and provides a written notice. Generally, the employee will continue to work during the notice period. However, KMC can offer a pay in lieu of the notice period, which means that the employee will be paid without having to work.
5. What are the possible documents that can be asked to support the redundancy? *New staffing pattern *Feasibility studies/proposal on the viability of the newly created positions, job description *Official documentation of the management’s approval of the restructuring *Business plan
6. Can a pregnant woman be made redundant? Yes, a pregnant woman can be made redundant, provided that a fair selection process is in place and the decision is based on legitimate business needs rather than discriminatory reasons.
