Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012(2) Nothing adverse to the employee shall be expressed inany certificate given in compliance with subsection (1).71. Continuity of employmentFor the avoidance of doubt it is declared that thecontinuity of employment of an employee is not brokenby—(a) strikes;(b) lockouts;(c) sickness: provided that any continuous period ofsickness exceeding 2 days is certified by aregistered medical practitioner;(d) maternity and paternity leave;(e) injury leave;(f) holiday or compassionate leave, paid or unpaid,taken with the permission of the employer;(g) periods of absence due to jury service or other civicduties of a national nature;(h) periods of absence to attend the hearing of acomplaint or dispute before the LabourCommissioner or the Tribunal;(i) the operation of any law;(j) an Act of God or force majeure;(k) temporary lay-off;(l) suspension.72. Rights of employees on change of ownership(1) Where there is a change of ownership of business orundertaking and the successor-employer offers any or allinvolved employees continued employment with thebusiness, the employees shall carry forward their serviceand accrued rights to the successor-employer.(2) Where an employee accepts continued employment withthe successor-employer, the successor-employer shall46
MONTSERRATLABOUR CODE, 2012No. 20 of 2012notify the Labour Commissioner of the details of thearrangements made at the time of the change ofownership in a statement signed by the employee, thepredecessor-employer and the successor-employerwhich sets out the employee’s length of service andaccrued rights.(3) Where the employer is a body corporate and there is achange in its corporate identity due to any merger andacquisition, amalgamation, restructuring, change ofownership or other similar circumstance affecting therights of employees, the employer is deemed to havechanged ownership for purposes of subsections (1) and(4).(4) Where there is a change of ownership, the predecessoremployer shall pay to those employees who have notbeen offered continued employment with the successoremployer their outstanding wages, vacation pay,severance pay and any other entitlement due to them.(5) Where there is a change of ownership of a business orundertaking, the predecessor-employer shall, wherepracticable, give at least one month’s notice of thatchange in ownership to the employees.73. Effect of sale of businessSubject to section 72 and any agreement between theparties, where a person for any reason sells or disposesof a business, all of the obligations under the Code ofthe person selling or otherwise disposing of the businessare binding on the person acquiring the business.74. Notification of redundancy to Labour Commissioner(1) Where 5 or more employees are likely to be redundantthe employer shall, before dismissing the employees,notify the Labour Commissioner in writing as soon aspracticable and, except in exceptional circumstances, notless than 1 month before the effective date oftermination.47
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Labour Code 2012 - Government of Montserrat

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