Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012she reasonably believes presents an imminent andserious danger to life or health.63. Right of employer and employee to minimum periods ofnotice(1) Except in the case of summary dismissal, the minimumnotice required to be given by an employer to anemployee to terminate the contract of employmentwhere the employee has been continuously employed for13 weeks or more shall be—(a) not less than 1 week if the period of continuousemployment is 13 weeks or more but less than 2years;(b) not less than 2 weeks if the period of continuousemployment is 2 years or more but less than 5years;(c) not less than 4 weeks if the period of continuousemployment is 5 years or more but less than 10years;(d) not less than 6 weeks if the period of continuousemployment is 10 years or more but less than 15years;(e) not less than 8 weeks if the period of continuousemployment is 15 years or more.(2) Notwithstanding subsection (1), an employer may,during the probationary period of an employee or wherethe employee’s employment is for a term not exceeding3 months, terminate the employment of the employee forany valid and fair reason with 24 hours’ notice.(3) An employee may agree to receive payment of wages inlieu of notice where the employer terminates theemployee’s employment and notice is required.(4) Subject to subsection (1), an employer who terminatesan employee’s contract of employment may, in his orher discretion, pay the employee in lieu of notice.42