Want to fire staff - how to do it right?

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ressl
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Want to fire staff - how to do it right?

Post by ressl »

First time I have to quit one ordinary, so I am a bit clueless. It is no on the spot firing, just ordinary ending him his contract. I am sure that there are rules and regulations and I can not just say: Your contract ends tomorrow, pack your stuff, goodbye...
Anyone any idea?
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FrankReynolds
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Re: Want to fire staff - how to do it right?

Post by FrankReynolds »

There is some kind of severance pay, legally, based on time served. So be careful there. I don't have the actual law to hand at the moment.

Edited to add, this applies if terminating a local's employment. Whether they would ever pursue a court case is entirely a different matter.
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Re: Want to fire staff - how to do it right?

Post by Username Taken »

ressl wrote: Mon Oct 10, 2022 8:54 am First time I have to quit one ordinary, so I am a bit clueless. It is no on the spot firing, just ordinary ending him his contract. I am sure that there are rules and regulations and I can not just say: Your contract ends tomorrow, pack your stuff, goodbye...
Anyone any idea?
I realize that English is not your native language, but your Heading and your question are two different things.

I had to fire an employee once while working for a company. If you ever need to do that, you really need to be sure that you follow the proper procedure and that the employee can be fired in accordance with the Labor Law. But that is not what your question is about.

A few years back, my 6 month contract working for a Xinese company was coming to an end and I knew that my contract was not going to be renewed/extended.
However, I wanted another 6 months out of them, so I shut up and said nothing. Why?
Because in accordance with the Cambodian Labor Law, the onus was on them to inform me that the contract will end and not be extended. If I recall correctly, the employer must let the employee know within 30 days (?) of the end of contract whether the contract will be extended or not. If the employer fails to inform the employee, then the contract will automatically rollover for the same period as the original contract. And, rollover it did!! LOL

Fortunately, I had done my homework and read the Labor Law thoroughly and was able to quote the relevant sections of the Law and politely put them back in their place.

In answer to your question, no you cannot tell the employee that his contract ends tomorrow. You need to give him advance notice (30 days? 14 days?) that his contract will end. Plus during his last weeks he can take time off to find a new job and attend interviews.
Here's a copy of the Cambodian Labor Law, read it: https://www.ilo.org/dyn/travail/docs/701/labour
wolfcreek
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Re: Want to fire staff - how to do it right?

Post by wolfcreek »

The law is sometimes open to interpretation.
Last edited by wolfcreek on Mon Oct 10, 2022 11:23 am, edited 1 time in total.
Kenr
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Re: Want to fire staff - how to do it right?

Post by Kenr »

I agree. The heading of the thread is different than the body. You are not “firing” someone when you don’t renew their contract. They are contract employees, not career/regular employees. When their contract ends their employment ends, unless extended and as long as you follow the notification process according to that countries labor laws.
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Jerry Atrick
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Re: Want to fire staff - how to do it right?

Post by Jerry Atrick »

In one of my previous jobs we used fire people by simply telling them to "go home, we don't need you now" and tell them we would call them when needed, and then never call them.

More recent roles we just let the soulless HR department lizards take care of all that shit
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Artisan
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Re: Want to fire staff - how to do it right?

Post by Artisan »

ressl wrote: Mon Oct 10, 2022 8:54 am First time I have to quit one ordinary, so I am a bit clueless. It is no on the spot firing, just ordinary ending him his contract. I am sure that there are rules and regulations and I can not just say: Your contract ends tomorrow, pack your stuff, goodbye...
Anyone any idea?
Apparently you are in a position for which your employer hired you but you ask advice on a forum?
You are clueless about what you have to do?
How did you get your job in the first place?
Spiced up your CV? Bullshit your way through?
Why don't you do pack your stuff and keep your dignity while it lasts.
Ever had a look at the Cambodian Labor Law?
Just kidding, give the person one year salary's worth and you'll be fine.
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ressl
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Re: Want to fire staff - how to do it right?

Post by ressl »

Thank you all for your responses. Indeed, it is not my job to end the contract of staff, however there are currently circumstances where this was shifted on my plate. And yes, therefore I AM clueless! How did I get the job? Long story, but for sure not the way it happens in the west... Anyway, I will study the linked law, thank you very much for that, actually more than I was hoping for.
One thing I want to ask Kenr: What do you mean by "They are contract employees, not career/regular employees. When their contract ends their employment ends, unless extended". Afaik all staffs contract here is not time based
Driving on Cambodian roads is just like playing a classic arcade top scroller. The only difference is a force feedback controller, the limitation to only one life and the inability to restart, once Game Over
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Re: Want to fire staff - how to do it right?

Post by Username Taken »

ressl wrote: Mon Oct 10, 2022 6:13 pm One thing I want to ask Kenr: What do you mean by "They are contract employees, not career/regular employees. When their contract ends their employment ends, unless extended". Afaik all staffs contract here is not time based
You are correct. They are all on contracts.
Kenr doesn't live here, and possibly has never been here, so he has no idea. :facepalm:
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John Bingham
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Re: Want to fire staff - how to do it right?

Post by John Bingham »

Username Taken wrote: Mon Oct 10, 2022 11:07 am
Because in accordance with the Cambodian Labor Law, the onus was on them to inform me that the contract will end and not be extended.
Yes, another point is that if an employee has been with a company a certain period (maybe a year, I can't remember) they don't even need any renewed contract, in law the contract is understood to just continue with the same conditions as the prior one.
Silence, exile, and cunning.
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