Section 80, The Employment Act, 2023

(1) A worker who has served the same employercontinuously for a period of one year or more and whose services are terminated for reasons other than gross misconduct, or a worker who retires, dies, resigns, shall be entitled to severance pay or end of service benefit in accordance with this Act, any other enactment, contract or collective agreement. (2) Subsection (1) shall not apply where a worker is fairly dismissed with justification for committing a misconduct under subsection (3) of section 91 during employment. (3) Where a contract of employment is terminated by reason of the death of the worker, the severance pay or end of service benefit shall be paid to the surviving spouse or children of the deceased worker or, in the absence of such a spouse or children, to such other dependent, relative or guardian of a minor dependent relative. Sick leave. Risk allowance. Severance pay or end of service benefit. 50 51 (4) A complaint that severance pay or end of service benefit under subsection (3) has not been paid may be presented to the Commissioner who shall, if he finds the complaint to be well founded, make a declaration to that effect and order payment of the amount due. (5) On the death, retirement, termination, resignation or redundancy of a worker, his end of service benefits shall be paid within a period of one month, and an employer who fails to comply with this provision, commits an offence and is liable to a fine of not less than 24 months national minimum wage. (6) An employer may be allowed to make a payment plan to the Commissioner for the payment of end of service benefits to his former worker within a period of one month specified under subsection (5) and that no payment plan for end of service benefits shall exceed 2 instalments. (7) An employer, who fails to honour a payment plan made to the Commissioner, commits an offence and shall be liable to a fine of not less than 24 months national minimum wage.