Labour Code 2012 - Government of Montserrat

More documents

Recommendations

Info

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
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(5) An employee who wishes to terminate his employmentshall give to the employer the period of notice stated insubsection (1).(6) Subject to subsection (5), an employee who terminateshis or her contract of employment may, in his or herdiscretion, pay the employer in lieu of notice.(7) An employer may waive the right to receive noticewhere the employee resigns.64. Rights of employee during period of noticeDuring each pay period of the period of notice theemployee shall not be paid less than his or her basic rateof wages.65. Constructive dismissal(1) An employee is entitled to terminate his or heremployment contract without notice or with less than therequired notice, where the employer’s conduct has madeit unreasonable to expect the employee to continue theemployment contract.(2) Where the employee terminates the employmentcontract in accordance with subsection (1), he or she isdeemed to have been unfairly dismissed by the employerfor purposes of the Code.66. Appeals against unfair dismissalWhere an employee claims to be unfairly dismissed andno settlement of the complaint is reached in directdiscussion with the employer, the allegation may bereferred to the Labour Commissioner by either theemployer or the employee, or by their representativesand failing settlement, to the Tribunal.67. Burden of proof(1) Where an employee claims to be unfairly dismissed, theemployer has to prove that it was reasonable for him todismiss the employee and that the procedures set out inthe Code were duly observed.43
Page 3 and 4: MONTSERRATLABOUR CODE, 2012No. 20 o
Page 6: MONTSERRATLABOUR CODE, 2012No. 20 o
Page 93 and 94:
MONTSERRATLABOUR CODE, 2012No. 20 o
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
show all

Labour Code 2012 - Government of Montserrat

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?