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Severance Pay For An Employee Who Didn’t Work Well

Question:

I have a worker in my clothing store for over 2 years now.

Right in the beginning she was quite good, and we were both happy.
Lately (already several months by now) her marriage problems that she had the entire time got much worse. By being overly busy with lawyers, her children, police emergencies, times of needing to relax and many other emergencies that keep on coming up, at the time she was supposed to work she kept on missing work for one reason or another, until it became unbearable to me (besides the fact that she isn’t so good in the store anymore because her head is elsewhere and certainly not with the store where it used to be).

At this point there weren’t many days that she was able to work properly anymore.
How does it work with Pitzuim?

1)    If she doesn’t want to come the same hours as was agreed upon, and finds
so many excuses am I obligated to give pitzuim?

2)    What is pitzuim? Is it, 1 month for every year she worked?

Answer:

If an employee is sacked as a result of lack of fulfillment of the employment contract there is usually no claim for severance pay. However, whether this is the case in your circumstance I cannot decide without hearing both parties. Nonetheless, the Sefer Hachinuch advises every employer to make some gesture of thanks when an employee leaves work, even if he is not entitled to pitzuim.

Pitzuim is indeed one month’s pay for each year of employment.

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