Right of Getting Severance Pay When an Employee Was Laid Off



An employee is a person who agrees to work for an employer and gets wage whether he or she either do employment agreement or agree with speech.

An employee or salary man that works to get salary from an employer. An employee must work for earning a living, parenting or providing facilities to themselves. But if someday an employee is laid off without mistake by an employer. The important information should be known after laid off is “Severance Pay”.

“Severance pay” is funds that an employer must pay to an employee when laid off, apart from other funds which an employer pays to an employee.

An employer who is thinking to lay off and an employee do not make any mistake. You also must know and pay “Severance pay”  to an employee with following term of work that specify:

  1. An employee who works more than 120 days but less than 1 year, must pay not less than 30 days.

  2. An employee who works more than 1 year but less than 3 years, must pay not less than 90 days.

  3.  An employee who works more than 3 years but less than 6 years, must pay not less than 180 days.

  4. An employee who works more than 6 years but less than 10 years, must pay not less than 240 days.

  5. An employee who works more than 10 years, must pay not less than 300 days.

And an employer also must be paid “Special severance pay” means funds that an employer pays to an employee when an employment contract ends because it’s has special case as follows:

  • An employer moves organization that it is affected with living of an employee and family and must be informed to an employee or inform less than 30 days. An employee will be gotten special funds. Pay not less than 30 days or if an employee do not want to go to work with, an employee has right to cancel an employment agreement and got special severance pay not less than normal severance pay that employee has right to get.

  • An employer will be laid off because of modification the company, manufacturing, distribution, services or revolution of machine and technology and do not inform to an employee or inform less than 60 days. An employee will be gotten severance pay and special severance pay not less than wage 60 days.


But an employee also does not have right to get funds if he or she work with negligence causes an employer get serious damage, resigns by himself or herself, violates a criminal case ,cheats, does not follow the law, caused damages, against the regulations of the company or employer’s command and got notification with writing already, casual worker, project employee that has time specified, absents continuously3 days without reasonable cause, and got penalty follows final judgment. “If an employee does not make mistake and He/She was laid off. An employer againsts did not pay “Severance pay” to employee. In case of an employer do not inform to an employee on time specified in advance. An employer has following penalty : fine or imprisonment or both fine and imprisonment.”

Thank you informativeness from Office of Justice Affairs pages

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