Labour Code 2012 - Government of Montserrat

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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
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(5) Where an employee is entitled otherwise than under thissection to a retirement benefit from an employer, theemployee shall not be entitled to that benefit in additionto a gratuity under this section but shall be granted thegreater of the two benefits only.(6) The benefit payable under this section shall be inaddition to any retiring benefit to which an employeemay be entitled under the Social Security Act.(7) Gratuity paid under this section shall not be income forthe purpose of the Income and Corporation Tax Act.77. Service chargeIn an establishment in which a customer pays a servicecharge, the employer shall caused the service charge tobe pooled and distributed among his or her employees inevery period of 4 weeks on such basis as is agreed uponwith the employees, with the employer retaining 10%for administrative costs.PART 7—FORCED LABOUR78. Prohibition of forced labour(1) No person shall be required to perform forced labour.(2) “Forced labour” means work or service, includingovertime work, that is exacted from any person underthe menace of any penalty and is not offered voluntarily,but does not include–(a) any compulsory military service or work of a purelymilitary character;(b) any work or service that forms part of the normalcommunal or civic obligations of residents ofMontserrat;(c) any work or service exacted from a person as aconsequence of a conviction in any court, providedthe person is not hired to or placed at the disposal ofprivate individuals, companies or associations and51
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Labour Code 2012 - Government of Montserrat

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