Career Advice

PART III – PROTECTION OF EMPLOYMENT

Rights of employer
Subject to this Act and any other enactment, the rights of an employer include the right to

• employ a worker, discipline, transfer, promote and terminate the employment of the worker;
• formulate policies, execute plans and programmes to set targets;
• modify, extend or cease operations; and
• determine the type of products to make or sell and the prices of its goods and services.

Duties of employers
Without prejudice to the provisions of this Act and any other enactment for the time being in force, in any contract of employment or collective agreement, the duties of an employer include the duty to

• provide work and appropriate raw materials, machinery, equipment and tools;
• pay the agreed remuneration at the time and place agreed on in the contact of employment or collective bargaining agreement or by law or agreed between the employer and the worker;
• take all practicable steps to ensure that the worker is free from risk of personal injury or damage to his or her health during and in the course of the worker’s employment or while lawfully on the employer’s premises;
• develop the human resources by way of training and retaining of the workers;
• provide and ensure the operation of an adequate procedure for discipline of the workers;
• furnish the worker with a copy of the worker’s contract of employment;
• keep open the channels of communication with the workers; and
• protect the interests of the workers.

Rights of a worker
The rights of a worker include the right to

• work under satisfactory, safe and healthy conditions;
• receive equal pay for equal work without distinction of any kind;
• have rest, leisure and reasonable limitation of working hours and period of holidays with pay as well as remuneration for public holidays;
• form or join a trade union;
• be trained and retained for the development of his or her skills; and
• receive information relevant to his or her work.

Duties of workers
Without prejudice to the provisions of this Act, the duties of a worker in any contract of employment or collective agreement, include the duty to

• work conscientiously in the lawfully chosen occupation;
• report for work regularly and punctually;
• enhance productivity;
• exercise due care in the execution of assigned work;
• obey lawful instructions regarding the organisation and execution of his or her work;
• take all reasonable care for the safety and health of fellow workers;
• protect the interests of the employer; and
• take proper care of the property of the employer entrusted to the worker or under the immediate control of the worker.

Contract of employment
The employment of a worker by an employer for a period of six months or more or for a number of working days equivalent to six months or more within a year shall be secured by a written contract of employment.
A contract of employment shall express in clear terms the rights and obligations of the parties.

Written statement of particulars of contract of employment
Subject to the terms and conditions of a contract of employment between an employer and a worker, the employer shall within two months after the commencement of the employment furnish the worker with written statement of the particulars of the main terms of the contract of employment in the form set out in Schedule 1 to this Act signed by the employer and the worker.


Prohibition of restrictive conditions of employment
An employer shall not in respect of any person seeking employment, or of persons already in his employment

• require that person to form or join a trade union or to refrain    from   forming or joining a trade union of his or her choice;
• require that person to participate or refrain from participating in the lawful activities of a trade union;
• refuse to employ the person because of that person’s membership of a trade union;
• promise the person any benefit or advantage for not participating in trade union activities; or
• discriminate against the person on grounds of gender, race, colour, ethnic origin, religion, creed, social or economic status, disability or politics.

Grounds for termination of employment
A contract of employment may be terminated,

• by mutual agreement between the employer and the worker;
• by the worker on grounds of ill-treatment or sexual harassment;
• by the employer on the death of the worker before the   expiration of the period of employment;
• by the employer if the worker is found on medical examination    to be unfit for employment;
• by the employer because of the inability of the worker to carry   out his or her work due to

(i)  sickness or accident; or
(ii) the incompetence of the worker; or
(iii)proven misconduct of the worker.


Types of contract of employment
Where by a contract of employment a worker is entitled to be paid,
remuneration at a monthly rate, the contract is a contract from month to month;
remuneration at a weekly rate, the contract is a contract from week to week; or
remuneration at a rate other than monthly or weekly rate, the contract is a contract determinable at will.

Notice of termination of employment
A contract of employment may be terminated at anytime by either party giving to the other party,
in the case of a contract of three years or more, one month’s notice or one month’s pay in lieu of notice;
notice or tow weeks’ pay in lieu of notice; or
in the case of contract from week to week, seven days’     notice.
A contract of employment determinable at will by either party may be terminated at the close of any day without notice.
A notice required to be given under this section shall be in writing.
The day on which the notice is given shall be included in the period of the notice.

Remuneration on termination of employment
(1) When a contract of employment is terminated in the manner stated in section 15, the employer shall pay to the worker,

• any remuneration earned by the worker before the termination;
• any deferred pay due to the worker before the termination;
• any compensation due to the worker in respect of sickness or accident; and
• .in the case of foreign contract, the expenses and necessaries for the journey and repatriation expenses in respect of the worker and accompanying members of his or her family in addition to any or all of the payments specified in paragraphs (a), (b) and (c) of this subsection.

(2)The employer shall pay to the worker not later than the date of expiration of the notice all remuneration due to the worker as at that date.
(3)Where no notice is required, the payment of all remuneration due shall be made not later than the next working day after the termination.
(4)Notwithstanding section 17(1), either party to a contract of employment may terminate the contract without notice if that party pays to the other party a sum equal to the amount of remuneration which would have accrued to the worker during the period of the notice.

Exception
The provisions of sections 15, 16, 17 and 18 are not applicable where in a collective agreement there are express provisions with respect to the terms and conditions for termination of the contract of employment which are more beneficial to the worker.