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Appendix XI
(2) The permanent employee who has been working continuously
for one year but who has not completed the three full years, including holidays, leave and the days the employer ordered work stopped for his own benefit, shall be paid equal to not less than ninety days of the last wages rate or not less than the wages for the last ninety days of the employee who works on the piece-work basis;
(3) The permanent employee who has been working continuously
for over three years, including holidays, leave and the days the employer ordered work stopped for his own benefit, shall be paid equal to not less than one hundred and eighty days of the last wages rate or not less than the wages for the last one hundred and eighty days of the employee who works on the piece-work basis.
Termination of employment under this clause means the fact the employer has released or dismissed the employee from work whereby the employee has not committed any offence under Clause 47 of the Notification of the Ministry of the Interior, Re: Labour Protection, dated 16th April 2515 (i.e. 1972), or the case the employer does not allow the permanent employee to work for more than seven days continuously, no matter there is a holiday in between or not, and does not wish to pay. If it appear that the employer does not wish to employ the said employee or that the employer victimizes the employee, it shall be considered that the employee is terminated from employment.
The provisions of this Clause does not apply to permanent employee whose term of employment has been definitely fixed and employment is terminated upon such term, or to permanent employee whom the employer has informed in writing from the beginning that he is on probation for a period of not more than one hundred and eighty days and is still under such period of time.
Clause 47
The employer shall not be required to give severance pay to the permanent employee if the employment is terminated under any of the following circumstances:-
(1) The employee has performed his duties dishonestly, or
has intentionally committed a criminal offence against the employer;
........
(2) The employee has intentionally caused damage to the
employer;
*(3) The employees has violated the working rules or
regulations or lawful orders of the employer, and a warning notice has been given by the employer; except for the case of gross misconduct where the employer is not required to give such notice;
(4) The employee has neglected his work for three consecutive
working days without reasonable cause;
(5) The employee has, through his negligence, caused serious
damage to the employer;
(6) The employee has received a term of imprisonment by a
final judgment.