Offboarding an employee might not be the highlight of anyone’s day, but it’s essential to get it right to avoid compliance risk and a negative employee experience.
In this article, we’ll guide you through the process of offboarding an employee using the EOR offboarding flow, designed to make the process simpler and more streamlined for administrators.
Getting started
Before we begin, an important callout - please, do not mention anything to the employee that a termination may be taking place. As a reminder, we (Justworks) are the legal employer and the termination must come from us. More on this below.
To begin the offboarding process, navigate to the employee’s profile. You can do this by going to the left-hand panel under Manage > Employees, or simply search the employee in the search bar towards the top of your homepage.
From there, select Request Separation towards the top right of the employee's profile page.
Fill in the Offboarding Details
Once you’ve selected “Request Separation,” you’ll be prompted to fill out the following fields:
- Desired Last Day of Work: As EOR employees do not fall under "employment at-will" conditions, please note that the last desired work day is subject to change. The actual final day is often different and varies according to local laws & contractor terms. It can take 2-3 weeks to finalize a termination, so please plan accordingly, whenever possible.
- Separation Type: Choose between voluntary or involuntary separation.
- Reason for Separation: A reason for the employee's departure is required and is relayed to the local authorities.
Review and Submit
After entering the required details, click Next to review the information. Double-check everything for accuracy. When you're ready, click Submit.
At this point, you’ll see a confirmation message reminding you not to notify the employee until international support has reviewed and processed the request. This is particularly important because we are considered the legal employer to the employee and this responsibility falls on us. Notifying the employee through your own channels is a legal risk on both your company and Justworks.
What Happens Next?
Once you submit the offboarding request, an email will automatically be sent to our international Customer Success team, providing details of the request. From that point on, our team will assist you through the next steps, ensuring compliance with country-specific and contractual requirements.
The timeline and details, such as notice periods, severance, accrued vacation, and benefits continuation, will depend on local laws and your contract terms. We will keep you informed and guide you through every step to ensure a smooth process.
Key Points to Remember:
- While the flow is similar to terminating a US based employee on Justworks PEO, this flow is specific to your International EOR employees, ensuring compliance with local employment laws when applicable.
- As we called out, please do not communicate anything to the employee until you connect with a member of International Customer Success. Please remember that as your Employer of Record service provider, Justworks is the formal employer and only our written notice of termination is binding in any given country. This is why Justworks must always be informed first and help guide the termination to ensure compliance.
- It takes approximately 2 to 3 weeks for Justworks to process a customer termination request. We need to evaluate the reasons behind the termination, review any provided documentation, and decide on the best approach to terminate the employee.
Need help?
No worries! Please contact international-support@justworks.com or reach out to your International Customer Success Manager for assistance.
Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.