--- name: workflow-fire-employee-pack-sboghossian title: Employee Termination Pack description: Use when a user needs to manage an employee termination from a legal and documentation standpoint — covering pre-termination risk assessment, final pay calculation, document generation, visa cancellation in MENA, government deregistration, and post-termination compliance. Provides jurisdiction-specific guidance for UAE (Federal Decree-Law 33/2021), KSA (Labour Code Arts 76–80), Lebanon (Labor Code Arts 50/74), and DIFC Employment Law. author: sboghossian author_url: https://github.com/sboghossian/mini-claude-for-legal/tree/main/skills/workflow/workflow-fire-employee-pack license: MIT version: 0.1.0 execution_mode: open jurisdiction: general practice: employment language: en --- # Employee Termination Pack ## Purpose This workflow orchestrates the complete legal documentation and compliance process for employee termination. It covers performance-based dismissal, redundancy, mutual separation, and termination for cause — with specific MENA jurisdictional rules that differ materially from US/UK defaults. The workflow minimizes legal risk by ensuring proper documentation, correct final pay calculation, and timely government filings. --- ## Inputs | Input | Required | Notes | |-------|---------|-------| | Employee name and role | Yes | | | Jurisdiction | Yes | Determines law, procedure, and government filings | | Termination type | Yes | Performance, redundancy, cause, mutual | | Employment start date | Yes | Determines EOSG entitlement and notice period | | Contract type | Yes | Fixed-term vs. indefinite — different rules | | Nationality | Yes | Non-citizen employees in MENA require visa cancellation | | Annual salary + benefits | Yes | For final pay calculation | | Accrued leave balance | Yes | Unpaid leave must be included in final settlement | | Documentation of issues | For performance | PIPs, warnings — needed to defend against wrongful dismissal | | Pending equity | If applicable | Vesting acceleration or forfeiture considerations | --- ## Logic — Pre-Termination Checklist Before scheduling the termination meeting, complete every item: ### 1. Documentation Review **For performance-based termination:** - Is there a paper trail? Minimum expectation: at least one documented warning or PIP - Were warnings issued in writing? See [[draft-warning-letter]] and [[draft-pip-letter]] - Was the employee given a reasonable opportunity to improve? - Gap: if the paper trail is thin, extending a final written warning before termination reduces litigation exposure **For redundancy:** - Is the role genuinely being eliminated? Economic substance required — cannot use "redundancy" to mask discriminatory dismissal - Is there a selection criterion? Document the business rationale - Is there a consultation requirement? (Mass redundancy rules — see jurisdictional notes) **For cause termination:** - Does the conduct fall within the contractual or statutory definition of "cause"? - Is the evidence documented and sufficient? ### 2. Protected Category Risk Assessment Flag before proceeding: - Is the employee on parental leave, sick leave, or disability-related absence? Terminating during protected leave creates significant legal exposure in most jurisdictions - Has the employee made a complaint (harassment, discrimination, whistleblower) recently? Post-complaint termination is presumed retaliatory in many jurisdictions — document the independence of the termination decision from any complaint - Is the employee a member of a union or workers' committee? Consultation obligations may apply - Is the employee in a protected age/pregnancy/religion category that makes the timing of termination look suspect? ### 3. Final Pay Calculation Calculate immediately; do not estimate. Use [[tool-calculator-end-of-service-gratuity]] for MENA. Components of final settlement (MENA): | Component | Notes | |-----------|-------| | Last salary (pro-rated) | To the actual date of termination | | Accrued unpaid annual leave | Days × daily rate | | End of Service Gratuity (EOSG) / End of Service Award (EOSA) | Statutory formula; jurisdiction-dependent (see below) | | Notice pay in lieu | If serving notice is not practical | | Contractual bonuses vested | Any bonuses accrued but not yet paid | | Expense reimbursements | Pending expense claims | | Ex gratia / severance | If agreed; forms part of settlement agreement | **EOSG formulas (summary):** - **UAE** (Decree-Law 33/2021): 21 days per year for years 1–5; 30 days per year for years 5+; maximum 2 years' total; reduced for resignation in some cases - **KSA** (Labour Code): after 2 years: 0.5 months per year; after 5 years: 1 month per year; termination vs. resignation affects entitlement - **Lebanon** (Labor Code): complex formula based on years of service and final salary; payable by the National Social Security Fund (NSSF) for registered employees + employer top-up ### 4. Property and Access Inventory Before the termination meeting, prepare: - List of company equipment held by the employee (laptop, phone, access cards, vehicles) - System access to be revoked (email, VPN, HR systems, CRM, code repositories, cloud platforms) - IP and confidential documents — does the employee have company data on personal devices? - Company credit cards to be cancelled --- ## Logic — Day of Termination The termination meeting should be: - Brief (15–30 minutes maximum) - In person where practicable; video call where geography requires - Witnessed: manager + HR representative present; document who attended - Dignified: even for cause terminations, conduct the meeting professionally ### Meeting Sequence 1. **Deliver the termination decision** — clear and unequivocal; do not hedge or leave room for misunderstanding 2. **Deliver the termination letter** in writing — [[draft-termination-letter]] — confirm receipt 3. **Explain the next steps**: - Last day of work / garden leave period - Severance agreement review period (7–14 days; do not pressure for immediate signature) - Return of company property - Access revocation timeline - Visa cancellation process (for non-citizens in MENA) 4. **Collect property** where immediately practical (access cards, keys, physical devices) 5. **Revoke digital access** — IT should execute access revocation simultaneously with or immediately after the meeting 6. **Offer to conduct exit interview** (optional; not appropriate for all termination types) --- ## Deliverables | Document | Skill | Notes | |----------|-------|-------| | Termination letter | [[draft-termination-letter]] | Required; states date, reason, final pay details | | Severance / separation agreement | [[draft-severance-agreement]] | If offering severance above statutory minimum | | Reference letter | Agreed language (positive/neutral) | Optional; agree wording before delivering | | Final settlement calculation | [[tool-calculator-end-of-service-gratuity]] | Must accompany or follow the termination letter promptly | | Return-of-property checklist | Schedule to termination letter | Documents what was returned and when | | Confidentiality reminder | Integrated into separation agreement | Reminds employee of existing obligations | --- ## Post-Termination Compliance ### Government Filings (MENA) | Jurisdiction | Filing | Deadline | |-------------|--------|---------| | UAE (MOHRE) | Termination notification and visa cancellation | Within 30 days of employment end | | UAE (WPS) | Final wages must be processed through Wage Protection System | Per WPS timeline | | KSA (Qiwa / GOSI) | Deregister employee on Qiwa platform; GOSI contribution cessation | Promptly; affects employee's entitlement to social insurance | | Lebanon (NSSF) | Deregistration with National Social Security Fund | Within one month | | DIFC (DIFC Authority) | Employment Records maintained internally; no separate public registration | N/A | ### Visa Cancellation (Non-Citizens in MENA) Critical and time-sensitive for expatriate employees: - UAE: employer must apply for visa cancellation at MOHRE/GDRFA; employee receives a "grace period" (typically 60 days from visa cancellation) to arrange status - KSA: iqama (residency permit) cancellation is employer's responsibility; Final Exit visa required if employee is leaving KSA permanently - Timing: visa cancellation and final settlement are often linked; stagger appropriately — cancelling visa before paying final salary creates practical problems - Employee's new employer (if known) should coordinate visa transfer if employee is staying in country ### Severance Agreement Review Window The standard practice for voluntary severance above statutory entitlements: - Provide the agreement with at least **7 days** for review (best practice: 14–21 days for significant severance packages) - Advise the employee in writing of their right to seek independent legal advice - Do not condition ongoing statutory entitlements on signing (only voluntary/additional severance) - Mutual release in the agreement releases both employer and employee claims --- ## Jurisdictional Notes ### UAE — Federal Decree-Law 33/2021 - Arbitrary dismissal (al-fasakh al-ta'assufi): employer must pay the employee the equivalent of 3 months' salary if dismissal was arbitrary in addition to EOSG and notice pay - Notice period: minimum 30 days for unlimited contracts (contractual notice if longer); fixed-term contracts may have early termination clauses or require paying out the remainder - Non-compete: enforceable if reasonable in time (max 2 years), geography, and scope; but KSA and UAE courts have had inconsistent enforcement histories ### KSA — Labour Code - Article 80: grounds for termination with cause (no EOSG due): assault, dishonesty, intoxication, abandonment - Article 76: notice period (60 days for monthly-paid workers on unlimited contract) - Female employee protections: cannot terminate during pregnancy or maternity leave - Mass layoffs: require Ministry of Human Resources approval for layoffs exceeding a threshold ### Lebanon — Labor Code - Article 50: termination without cause — employer must pay EOSG (indemnité de fin de service) per the NSSF scheme + contractual compensation - Article 74: termination for cause — no EOSG if serious fault proven - NSSF registration gap: many employees in Lebanon were historically unregistered with NSSF; employer retains direct EOSG liability for unregistered employees ### DIFC Employment Law - Applies to all DIFC-registered entities - Minimum statutory redundancy pay: 21 days per year for the first 5 years; 30 days per year thereafter - Arbitrary dismissal: compensation up to 3 months pay for unfair dismissal - DIFC Employment Tribunal: accessible forum; relatively fast proceedings --- ## Risk Register | Risk | Description | Mitigation | |------|-------------|-----------| | Discrimination claim | Termination correlated with protected status (age, sex, religion, nationality, recent complaint) | Document objective, non-discriminatory basis; segregate decision from any protected activity | | Retaliation claim | Termination shortly after employee complaint (whistleblower, harassment) | Independent investigation; temporal gap; documented pre-existing performance issues | | Wrongful dismissal (insufficient cause) | For-cause termination where documentation is thin | Shift to no-cause termination with full EOSG; or delay and build documentation | | Mass redundancy non-compliance | Exceeding statutory thresholds without consultation | Pre-count affected employees; check thresholds before announcement | | Equity windfall/forfeiture disputes | Termination triggers accelerated vesting or forfeiture of unvested equity | Review plan documents carefully; document termination type (cause vs. no cause) | | Visa overstay (expatriate) | Employee fails to leave or transfer status after visa cancellation | Coordinate timing of visa cancellation with employee's transition plans | --- ## Related Skills - [[workflow-hire-employee-pack]] - [[draft-termination-letter]] - [[draft-severance-agreement]] - [[draft-pip-letter]] - [[draft-warning-letter]] - [[tool-calculator-end-of-service-gratuity]]