EMPLOYMENT (TERMINATION AND REDUNDANCY PAYMENTS) ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Minimum period of notice, and right to certain facilities

   3   Minimum period of notice

   4   Agreement deemed to be included in certain contracts of employment

 

PART III
Redundancy payments

   5   Right to redundancy payment

      Option to treat lay-off as dismissal on ground of redundancy

   6   General exclusion from right to redundancy payment

   7   Change of ownership of business

   8   Contracts of employment for a fixed term

   9   Written particulars or redundancy payment

   10   Claims for redundancy payment

   11   Termination of contract by death etc of employer

   12   Death of employee

   13   Modification of right to redundancy payment where previous redundancy payment has been paid

   14   Abatement of redundancy payment where compensation is payable under agreement

   15   Associated companies

 

PART IV
Miscellaneous

   16   Record to be kept

   17   Jurisdiction of Resident Magistrates Courts

      Minister may amend monetary penalties

   18   Regulations

 

THE EMPLOYMENT (TERMINATION AND REDUNDANCY PAYMENTS) ACT

[Date of Commencement: 9th December, 1974]

Acts
31 of 1974,
6 of 1986,
7 of 2008.

PART I
Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Employment (Termination and Redundancy Payments) Act.

2   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "the appointed day" means the 9th December, 1974;

   "business" includes-

   (a)   a trade or profession; and

   (b)   any activity carried on by a body of persons, whether corporate or incorporate;

   "cease" and "diminish" mean respectively cease or diminish either permanently or temporarily and from whatsoever cause;

   "employee" means an individual who has entered into or works (or, in the case of a contract which has been terminated, worked) under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be express or implied, oral or in writing, but does not include-

   (a)   any person employed by the Government; or

   (b)   any person employed in the service of the Council of the Kingston and St. Andrew Corporation or in the service of any Parish Council,

and "employer" and any reference to employment shall be construed accordingly;

   "public holiday" means-

   (a)   any day which under the provisions of any enactment for the time being in force is, or is declared to be, or is proclaimed as, a public general holiday; and

   (b)   Good Friday and Christmas Day;

   "the relevant date" in relation to the dismissal of an employee means-

   (a)   where his contract of employment is terminated by notice given by his employer, the date on which that notice expires;

   (b)    where his contract of employment is terminated without notice, whether by the employer or the employee, the date on which the termination takes effect;

   (c)    where he is employed under a contract for a fixed term and that term expires, the date on which that term expires;

   (d)   where he has been employed in seasonal employment and any of the events mentioned in paragraphs (b) and (c) of subsection (3) of section 5 occurs, the date on which the event occurs;

   "seasonal employment" means employment provided by an employer during a specific part (commencing at approximately the same time in each year) of each of two or more consecutive years, and "season" shall be construed accordingly.

   (2) Subject to the provisions of subsection (3) any provision in any agreement (whether a contract of employment or not) shall be void in so far as it purports to exclude or limit the operation of any provision of this Act.

   (3) Subsection (2) shall not apply to any agreement of a kind mentioned in section 8.

   (4) For the purposes of the application of the provisions of Part III to an employee in a private household, those provisions (except section 7) shall apply as if the household were a business and the maintenance of the household were the carrying on of that business by the employer.

PART II
Minimum period of notice, and right to certain facilities (sections 3-4)

3   Minimum period of notice

   (1) The notice required to be given by an employer to terminate the contract of employment of an employee who has been continuously employed for four weeks or more shall be-

   (a)   not less than two weeks' notice if his period of continuous employment is less than five years;

   (b)   not less than four weeks' notice if his period of continuous employment is five years or more but less than ten years,

   (c)   not less than six weeks' notice if his period of continuous employment is ten years or more but less than fifteen years,

   (d)   not less than eight weeks' notice if his period of continuous employment is fifteen years or more but less than twenty years;

[6/1986 s 2.]

   (e)   not less than twelve weeks' notice if his period of continuous employment is twenty years or more, and shall be in writing unless it is given in the presence of a credible witness.

[6/1986 s 2.]

   (2) An employee who has been continuously employed for four weeks or more shall give not less than two weeks' notice to terminate his contract of employment.

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