Virgin Islands Employee Final Release to Employer
Description
How to fill out Employee Final Release To Employer?
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FAQ
Entitlement of managerial staff4 weeks' notice OR pay en lieu of notice, AND. 4 weeks' salary for every year of employment, up to 12 years.
Anybody who was and is an employee of the company CAN request for a COE. These includes: Separated employees: Be it by termination, resignation, separation or end of contract. So long as you've been employed in the Company, no matter how long the tenure, you can ask for a COE.
If you did not follow due process to terminate the staff for Willful Disobedience due to AWOL, do not state in your COE as such. Only state what is factual and true, and be fair to the employee.
The central government has notified four labour codes, namely, the Code on Wages, 2019, on August 8, 2019; the Industrial Relations Code, 2020, the Code on Social Security, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020 on September 29, 2020.
Nothing more, nothing less. Hence, there can be no valid reason why an employer would refuse to issue a COE to his employee. It follows, however, that an employer has the right to refuse to issue a COE if the person requesting for a COE is/was not his/her employee at present or in the past.
The entitlement is 21 consecutive days annual leave on full remuneration, in respect of each annual leave cycle, and if an employee works a five-day week then this is equal to 15 working days, or if the employee works a six-day week then it is equal to 18 working days.
I) one month's notice or one month' s basic pay in lieu of notice; and (ii) one month's basic pay (or a part thereof on a pro rata basis) for each year up to forty-eight weeks.
The grant of separation pay may be allowed on the grounds of social justice or equity and only if the employee is terminated on grounds other than serious misconduct, willful disobedience, gross and habitual neglect of duty or fraud or willful breach of trust.
REDUNDANCY PAYMENTS i) one month's notice or one month' s basic pay in lieu of notice; and (ii) one month's basic pay (or a part thereof on a pro rata basis) for each year up to forty-eight weeks.
In law, every employee has absolute right to resign at any time before termination of, or dismissal from an employment. An employer has no discretion on whether to accept or reject a resignation letter. Also, it is immaterial that the employer did not issue a formal reply or acceptance of the resignation letter.
