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Company never pays for public holidays will it be included in my Indemnity?

I have been working in restaurant since April 2014. My residency is going to expire July 23, 2019. I do not want to renew my contract. My question is am I entitled to get my whole indemnity from the company? Also I have never been paid the public holidays by the company although I worked during the public holidays in last five years. Kindly calculate my indemnity and public holidays for the above said period.

Name withheld

Answer: Under the labour law, you have to give your employer three months notice about your intention to discontinue your services with them. If you did that three months ago, then you have no problem and hence can lay claims to your full five-year indemnity amount. (15 days salary for each year).

On the other hand if you didn’t but seeking refuge in your non-renewal of your contract you will be on the wrong side of the law as the 3-month notice period is mandatory. You should have fought to be paid for the public holidays that you worked for the company. This, you didn’t do but now seeking to be paid after a lapse of five years. This will by no means be an easy task as the company will not accept your request lying down. How ever you can take a shot at it as there is no harm in trying.

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