Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012successor- employer or another employer, inwhich an employee is required to provide hisor her services at intervals, so that theemployee is not, in any twelve month period,continuously employed by that employer, andthe term includes casual employment;“periodic employee” means an employee who hasworked continuously for an employer or hisor her successor for at least 4 months but lessthan 12 months per year;“predecessor employee” in relation to the employmentof a person is one who, in consequence of achange occurring in the ownership or in thepart of an undertaking in which that person isemployed, is no longer the employer of thatperson;“redundancy” means abolition of a post where the postof the employee is no longer required by theemployer because:(a) the employer has modernised, automatedor mechanised all or part of his or herbusiness;(b) the employer has discontinued or ceased tocarry on all or part of his or her business;(c) the employer has reorganised or relocatedhis or her business to improve efficiency;(d) the employer’s need for employees in aparticular category has ceased ordiminished;(e) it has become impossible or impracticablefor the employer to carry on his or herbusiness at its usual rate or level or at all,due to a shortage of material, a mechanicalbreakdown, a force majeure or an act ofGod; or(f) a reduced operation in the employer’sbusiness has been made necessary byeconomic conditions including a lack of orchange in markets, contraction in the12
MONTSERRATLABOUR CODE, 2012No. 20 of 2012volume of work or sales, reduced demandor surplus inventory;“severance pay” means remuneration to which anemployee whose employment is terminatedon grounds of redundancy is entitled;“ship” means any seagoing ship or boat of anydescription registered in Montserrat;“strike” means the concerted stoppage of work byemployees in contemplation or furtherance ofa trade dispute whether they are parties to thetrade dispute or not or whether the stoppage isor is not in breach of the terms and conditionsof employment and whether it is carried outduring or on the termination of theemployment, but does not include an act oromission required for the safety or health ofemployees, or refusal to work as a result;“substantially equivalent employment” meansemployment which, although not identical tothat which is the basis of comparison, requiressimilar skills, affords relatively similarprospects of progression and providesremuneration of relatively equal value;“successor employer” in relation to the employment ofa person is one who, in consequence of achange occurring in the ownership of anundertaking or in that part of the undertakingin which the person is employed, has becomethe new employer of that person;“Tribunal” means the Labour Tribunal establishedunder section 23;“wages” means any money or any other benefits,however designated or calculated, paid orcontracted to be paid, delivered or given, atperiodic intervals, as recompense, reward orremuneration for services rendered or labourdone;“worst forms of child labour” means—(a) all forms of slavery or practices similar toslavery, such as the sale and trafficking ofchildren and young persons, debt13
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Labour Code 2012 - Government of Montserrat

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