Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012(f) where appropriate, a former employee;“employer” includes a person, body corporate,undertaking, association, public authority orbody of persons who or which employed oremploys a person under an employmentcontract, and includes the heirs, successorsand assigns of an employer;“employment contract” means any contract whetherexpressed or implied and whether written ororal, under which it is agreed that one person(the employee) will perform certain servicesfor another (the employer), and the term shallinclude any indenture or contract ofapprenticeship or engagement as acommission agent;“essential services” means the Air Traffic Services(including meteorological, tele-communications,security, fire and crash servicesconnected with airports), Electricity Service,Fire Service, Medical and Health Services,Police Service, Port Services, Prisons Service,Telecommunications Services, and WaterService;“established employee” means a public officer or aperson employed by the Government whosesalary is paid from or out of funds allocatedfor the payment of the personal emolumentsof persons on the permanent and pensionableestablishment as included in the OfficialEstimates of Montserrat;“family responsibility” means responsibilities inrespect of any dependent family memberwhich are reasonable in the circumstances,not persistent in practice, and for which noreasonable alternative could be made;“gross misconduct” means a serious offence whichincludes but is not limited to theft, dishonesty,wilful damage to property, violent behaviour,possession or use of illicit drugs at theworkplace, and a serious breach ofconfidentiality or company policy;10
MONTSERRATLABOUR CODE, 2012No. 20 of 2012“gross wage” means the total remuneration for servicesreceived in money, in kind and in privilegesor allowances, including gratuities andpremium pay;“lockout” means—(a) the exclusion by an employer of any orall of his or her employees from anypremises on or in which work providedby the employer has been performed, or(b) the total or partial discontinuance by theemployer of his or her business or theprovision of work,with a view to inducing his or her employees,or any persons in the employment of any otheremployer or employers, to agree to, or tocomply with, any demands or proposalsrelating to any dispute, or to abandon anydemand or modification of any demand;“Minister” means the Minister to whom responsibilityfor labour is assigned;“night work” means work performed between the hoursof 10:00 p.m. of 1 day and 5:00 a.m. on thefollowing day;“non-established employee” means a person who isemployed by the Government and whosewage is paid from or out of funds allocatedfor the payment of the personal emolumentsof persons who are not on the permanent andpensionable establishment as included in theEstimates of Expenditure of Montserrat;“parent or guardian” means the parent or guardian ofa child or young person and includes anyperson who is liable for the maintenance of,who has the custody of or who has controlover, a child or young person, or who has orwould have a direct benefit from the earningsof the child or young person;“part-time employment” means an employmentcontract or a succession of employmentcontracts, with the same employer or a11
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Labour Code 2012 - Government of Montserrat

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