Companies may need to offboard an Oyster team member due to any number of reasons. In this article, you'll what you need to know about managing the end of an engagement with an Oyster team member.
Please note that due to country-specific laws regarding the end of working relationships, you are required to contact Oyster Support when considering terminating an engagement or when an Oyster team member notifies you that they are planning to resign. You may initiate an offboarding process on the Oyster Platform.
Notice Period
When a customer engagement ends, Oyster will usually need to terminate the employment of the team member who was providing services to that customer. A notice period is the amount of time an employee or employer has to give before the termination of an employment contract. The notice period is determined by the local law, any applicable collective bargaining agreement, and the employment contract.
How much notice is needed?
It’s best to check the employment contract to find out how much notice is needed. If you are unsure about the notice period, please contact Oyster Support so the team can confirm the details.
Who delivers the notice?
Please know that the legal employer (Oyster or its designated employer of record) will always need to receive or deliver the notice when an employee is offboarded. Countries may also have certain rules on how the notice of termination needs to be communicated (e.g. through a signed letter). That is why it is important to inform Oyster when you wish to start an offboarding process.
Please remember that if your company is considering terminating a contract with a team member, please wait for Oyster's guidance on the correct offboarding process before speaking with the team member directly.
Probationary Period
A probationary period can be broadly defined as a trial period for newly engaged workers. It is usually a fixed period of time at the beginning of the working relationship, during which time the new employee may not be eligible for some benefits of employment, such as annual leave. The length or requirements of a probationary period may be limited or prescribed by local law or collective bargaining agreements.
Most significantly, employees on probation may have a shorter notice period during the probationary period.
Why is it important?
Probation periods are important as they help you, the team member and Oyster evaluate if all parties feel there is a good fit. Oftentimes, during probation, the parties can act more quickly if the engagement is not working out.
The Oyster Platform provides automated notifications to remind you about the end of each team member’s probationary period.
Resignations
A team member may inform you about their wish to leave their job. In case this happens, it's important that they provide notice to the legal employer in their country (employer listed in the employment contract). In resignation situations, the Notice Period in the employment contract applies.
Termination by the employer
In many countries, employers must provide significant notice or pay in lieu of notice when involuntarily terminating employment. Severance pay, the payment of accrued, but unused annual leave, or other forms of financial remuneration may also be owed. In most countries, it is only in extremely rare cases, for the most serious kinds of misconduct, when an employer may involuntarily terminate employment without notice and without severance.
If you would like to terminate an engagement with an Oyster team member due to poor performance, misconduct, or simply business need, it is important that you contact Oyster as soon as possible so that we may discuss how to appropriately end the engagement and, potentially, Oyster’s employment of the team member in a way that is compliant with the employment agreement and applicable law.