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Shop Hour Ordinance Chapter 245 of 1942 Wages Regulations (Clerks) Order No. 14 of 1985 Holiday with pay Ordinance No. 16 of 1965 Protection of wages Ordinance No. 23 of 1965 |
| Shop
Hours Ordinance Chapter 245 of 1942 |
(14)
There shall be allowed as meal times to every assistant in any shop
closing not later than 5:00 p.m. not less than 1
hour for the midday meal and in the case of any shop closing after
5:00p.m. a further hour for an evening meal. |
| Wages
Regulations (Clerks) Order No. 14 of 1985 |
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Overtime
Rates
(4) Overtime shall be paid at the rate of time and one half for the first 8 hours worked in excess of normal hours on ordinary working days and at double time thereafter, and on Sundays and Public Holidays. Provided that the employer and the employee may mutually agree to give time off to the employee in lieu of payment for overtime worked. Paid Vacation Leave (5) All employees shall receive annual holidays as follows: In respect of the first completed year of service and each completed year thereafter up to and including the 5th year: 14 working days. In respect of the 6th year and subsequent completed year: 21 working days |
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| Holiday
with pay Ordinance No. 16 of 1965 |
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(1) Leave entitlement
begins after three (3) months of employment.
(2) If an employee works
for three (3) months or more, but less than one (1) year’s
service, “average pay” (i.e. 5% of total gross earnings)
must be paid to the employee. (3) A minimum of 48 days worked within three (3) consecutive months is considered three (3) months of employment. (4) “Average Pay” or “Leave Pay” must be paid upon termination, “lay-off” or other cessation, or before the employee takes his/her leave. (5) If an employee works part of a day, that part is constituted as a working day and must be counted as part of the employee’s leave. (6) A year of employment is equivalent to 150 days worked within 12 consecutive months if an employee is paid hourly or daily and 200 days worked if paid weekly, fortnightly, monthly or yearly and includes any day spent by an employee in absence from his/her employment:- (a) with the permission
of his/her employee; (7) Sick Leave, Sundays, Bank Holidays, Public Holidays and days permitted off work by the employer DO NOT form part of an employee’s Annual Leave. However, sick leave and days permitted off work form part of his/her Period of Employment. (8) Even though an employee is employed on a “task work” or “piece work” basis, as long as the work is done under the control or management of the employer on his/her premises, the employee would be entitled to benefit under the law. (9) A “temporary” or “irregular” worker would also qualify for benefits if he/she meets the minimum conditions. (10) Notice given to an employee just before or during annual leave to terminate his/her employment shall be void and of no effect. (11) Records of wages, period of employment and holidays are required to be kept by the employer. (12) Fines or imprisonment can be levied at the employer in the event of contravention. |
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| Protection
of Wages Ordinance No. 23 of 1965
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(9) (1) …every
employer shall from the time a worker enters his/her employment,
fix a day or date (referred to as “pay day”) upon which
he/she shall pay or cause to be paid the wages of that worker in
every period occurring during the operation of such worker’s
Contract of Service…
(2) The employer shall inform every worker on the commencement of employment of his/her payday, which shall remain unchanged thereafter except by mutual agreement. (11) All wages due to worker on termination or completion of his/her Contract of Service shall be paid to him/her the same day his/her Contract of Service terminates or is completed and if this is not possible, not later than 7 days. (17) …no employer shall make any deduction or make any agreement or contract with a worker for any deduction from the wages to be paid by the employer to the worker, for or in respect of any fine, or for bad or negligent work or for injury to the material or other property of the employer save that with prior approval of the Labour commissioner in writing, a reasonable deduction may be made in respect of injury or loss, occasioned by the willful misconduct or negligence of the worker. (25)(1) In the event of default being made in the payment of wages due to any worker employed by a contractor such worker may make representation to the Labour Commissioner and upon furnishing to the satisfaction of the Labour Commissioner proof in support thereof shall, failing payment by the contractor arrange for the payment of wages due to such worker out of any monies at any time payable by the person or persons for whom the contractor works or has worked and the amount of wages so paid shall be deemed payment to the contractor. (30)(1) Every employer shall keep a register of wage payment and workers accounts...; periods of employment and holidays of every employee employed by him/her... |
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| Contract
of Service Act No. 14 of 1970 |
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Part 1
(6)(2) …the first 12 weeks of any employment under an oral contract of service shall be deemed to be probationary employment and may be terminated at will by either party without notice. (3) The notice required to be given by an employer to terminate the employment of an employee who has been continuously employed under a contract of service for an indefinite period shall not be less than:- (a) 1 week’s Notice if the employment period is more than 12 weeks but less than 2 years; (b) 2 weeks’ Notice if the employment period is 2 years or more but less than 5 years; ( c) 4 weeks’ Notice if the employment period is 5 years or more but less than 10 years; (d) 6 weeks’ Notice if the period of employment is 10 years or more. (4) The Notice required to be given by an employee who has been continuously employed for an indefinite period to terminate his/her contract of service shall not be less than:- (a) 1 week’s Notice if the employment period is more than 12 weeks but less than 5 years. (b) 2 weeks’ Notice if the employment period is 5 years or more. Part II Provision with regard to Severance Pay 10(1) Where an employee who has been continuously employed for 104 weeks (2 years) is dismissed by his/her employer by reason of the fact that the organization where he/she is employed is closed down; reorganized or amalgamated with another organization under a new name or change of ownership has taken place, then the employer and /or the person with whom the employer has made the changes, shall jointly be liable to payment of severance to the affected employee. Contract of Service Regulations, Statutory Instruments No. 38 of 1985 (14) Severance payment is calculated as follows: Year 1
– 3 …………… 1 week’s pay
for each of the first 3 years of service |
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| Employees
(Occupational Health & Safety) Act No. 10 of 1985
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Part II
(3) Every employer shall:- (a) Provide and maintain places of employment, equipment and system of work that are as far as is reasonably practicable, safe and without risk of injury to health. (18)(1) Where an employee suffers an accident arising out of an in the course of his/her employment or any accident at his/her place of employment and the accident:- (a) causes the loss of the employee’s life; or (b) disables the employee for more than 3 days from earning full wages at the work at which he/she was employed at the time of the accident, written notice of the accident (in the prescribed form) shall forthwith be sent by the employer to the Labour Commissioner as soon as the employer knows of it. (19)(1) Where an employer knows, believes or suspects that a case of occupational disease has occurred among his/she shall forthwith send written notice (in the prescribed form) to the Labour Commissioner. (20) Where a dangerous occurrence happens in any place of employment, the employer shall forthwith inform the Labour Commissioner (in the form prescribed). The Labour Department offers its services to employers, workers and the general public. Any person wishing to seek advice or clarification on any of the issues mentioned therein should contact the Labour Department, Sans Souci, Castries. See the “contact us” section of this website. |
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