Different Termination Scenarios Which Affect Entitlement of End of Service Benefits

End of service benefits (EOSB) are a crucial part of employee compensation, especially in regions like the Middle East, where they are legally required. These benefits provide employees with financial security when they leave an organization, whether through resignation, termination, or retirement. However, the entitlement to these benefits is not always straightforward. Various termination scenarios can affect the amount and eligibility of EOSB. 

Let us discuss the different termination scenarios and how they impact an employee’s entitlement to end-of-service benefits.

1. Voluntary Resignation

When an employee resigns voluntarily, it can affect their entitlement to EOSB. The amount they are eligible for typically depends on their length of service and the company’s policies. In many regions, employees who resign before completing a certain number of years may not be entitled to full benefits. For example, in some countries, if an employee resigns before completing five years of service, they may only be entitled to a reduced percentage of their EOSB.

Key factors influencing EOSB in voluntary resignation include:

• Length of service
• Company policy and local labor laws
• Reason for resignation (in some cases)

Employees should always check their employment contract to understand how resignation may affect their end-of-service benefits.

2. Termination Due to Misconduct

Termination due to misconduct or violation of company policies often leads to a complete loss of EOSB. Misconduct can include acts like theft, fraud, or breach of confidentiality. In such cases, the employer has the right to terminate the employee without notice and without paying end-of-service benefits. This scenario is usually outlined in local labor laws and company policies.

Key points to consider:

• Misconduct should be clearly defined in the company’s policies.
• Employers must follow proper procedures for terminating an employee due to misconduct.
• Employees dismissed for misconduct usually forfeit their entitlement to EOSB.

Employees should ensure they understand their company’s rules and regulations to avoid any misconduct-related termination.

3. Termination for Poor Performance

In cases where an employee is terminated due to poor performance, the entitlement to EOSB can vary depending on local laws and company policies. Unlike misconduct, poor performance does not typically result in a loss of EOSB unless explicitly stated in the employment contract or local labor laws. In most cases, employees terminated for poor performance are still entitled to their end-of-service benefits, based on their length of service.

Important considerations:

• Employers must document poor performance and provide adequate warnings before termination.
• The length of service will determine the amount of EOSB, even in cases of termination for poor performance.

Employees should ensure they receive regular feedback on their performance to avoid any surprises in termination scenarios.

4. Redundancy or Layoff

When an employee is terminated due to redundancy or a company layoff, they are usually entitled to their full EOSB. Redundancy occurs when a position is no longer needed, often due to organizational restructuring, cost-cutting measures, or economic downturns. In such cases, the employee has no fault, and therefore, they are entitled to receive their full end-of-service benefits based on their length of service.

Factors influencing EOSB in redundancy scenarios include:

• Length of service and employment contract terms
• Any severance packages offered by the employer
• Local labor laws governing layoffs and redundancy

Employees affected by redundancy should consult their contract to understand their entitlements fully.

5. Retirement

Retirement is a scenario where the employee voluntarily leaves the workforce after reaching a certain age or completing a specific number of years of service. In this case, employees are typically entitled to their full EOSB. Many employers may also offer additional retirement benefits or pension plans, depending on company policy and local regulations.

Key factors to consider in retirement scenarios:

• Length of service and retirement policies of the company
• Any additional retirement benefits provided by the employer
• Local laws governing retirement and EOSB entitlement

Employees planning for retirement should discuss their benefits with their HR department to ensure they receive all they are entitled to.

6. Mutual Agreement Termination

Mutual agreement termination occurs when both the employer and employee agree to end the employment relationship. This type of termination is often amicable, with both parties negotiating terms, including EOSB. In most cases, the employee will still be entitled to EOSB, depending on their length of service. However, the exact terms may vary based on the agreement between the parties.

Key points in mutual agreement terminations:

• Terms of the agreement should be clearly documented.
• Employees may negotiate additional severance or compensation.
• EOSB entitlement will generally follow local labor laws and company policies.

Employees should ensure that any mutual agreement is in writing and includes a clear outline of their entitlements.

Conclusion

Different termination scenarios can significantly affect an employee’s entitlement to end-of-service benefits. Whether an employee resigns, is terminated for misconduct, poor performance, or redundancy, or retires, the factors that influence EOSB eligibility include length of service, company policy, and local labor laws. Employees should always consult their employment contract and seek legal advice if they are unsure of their entitlements. Mithras Consultants is an independent actuarial and insurance consultancy firm. We provide qualitative financial and insurance solutions to clients. Our goal is to offer customized business solutions to help clients make informed decisions about their financial, insurance, and risk management programs.