Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012continued by the new employer withoutinterruption.(8) Without prejudice to the generality of subsection (7), theTribunal shall take into account the following factors indeciding whether alternative employment is suitable inrespect of any employee—(a) the nature of the work to be done;(b) the rate of pay;(c) the location of the place of work;(d) the family circumstances of the employee.(9) An employee shall not be entitled to severance pay byvirtue of a temporary cessation of work.(10) “Temporary cessation of work” in this section meansthat although the work of the business or part of thebusiness of the employer has ceased or diminished, theemployer-employee relationship is, in the opinion of theTribunal, still in existence, and it is the intention of theparties to resume normal working within 3 months fromthe cessation of operations.76. Gratuity(1) An employee who has retired at the retirement age setout in the Social Security Act or has resigned after 10years of service shall, subject to the provisions of thissection, be entitled to a gratuity from that employer paidat the same rate as severance pay.(2) No gratuity shall be payable to an employee who isdismissed in accordance with the Code.(3) An employee who is dismissed on the grounds ofredundancy after having given 10 years of continuousservice to an employer shall be entitled to severance payand not to the gratuity.(4) Gratuity is payable within 90 days after the terminationof employment after 10 years of service.50