SOURCE: Employment and Labour Relations Act.2004.
Sub-Part D - Leave 29.-(1) Subject to the provisions subsection (2), an employee with less than six months service shall not be entitled to paid leave under the provisions of this Part. (2) Notwithstanding the provisions of subsection (I)-(a) an employee employed on a seasonal basis is entitled to paid leave under the provisions of this Part;(b) an employee, with less than six months service and who has worked more than once in a year for the same employer, shall be entitled to paid leave under the provisions of this Part if the total period worked for that employer exceeds six months in that year. 31.-(1) An employer shall grant an employee at least 28 consecutive days' leave in respect of each leave cycle, and such leave shall be inclusive of any public holiday that may fall within the period of leave. Sub-Part E- Unfair termination of employment35. The provisions of this Sub-Part shall not apply to an employee with less than 6 months' employment with the same employer, whether under one or more contracts. 36. For purposes of this Sub-(a) ''termination of employment' ' includes-(i) a lawful termination of employment under the common law;(ii) a termination by an employee because the employer made continued employment intolerable for the employee; and(iii) a failure to renew a fixed term contract on the sameor similar terms if there was a reasonable expectation of renewal;(iv) a failure to allow an employee to resume work after taking maternity leave granted under this Act or any agreed maternity leave;(v) a failure to re-employ an employee if the employer has terminated the employment of a number of employees for the same or similar reasons and has offered to re-employ one or more of them(b) ''terminate employment'' has a meaning corresponding to'termination of employment'.37.-(1) It shall be unlawful for an employer to terminate the employment of an employee unfairly.(2) A termination o f employment b y an employer is unfair if t he employer fails to prove-(a) that the reason for the termination is valid;(b) that the reason is a fair reason(i) related to the employee's conduct, capacity or compatibility; Or (11) based on the operational requirements of the employer, and(c) that the employment was terminated in accordance with afair procedure.(3) It shall not be a fair reason to terminate the employment of anemployee-(a) for the reason that-(i) discloses information that the employee is entitled or required to disclose to another person under this Act or any other law;(ii) fails or refuses to do anything that an employer may not lawfully permit or require the employee to do;(iii) exercises any right conferred by agreement, this Act or any other law;(iv) belongs, or belonged, to any trade union; or(v) participates in the lawful activities of a trade union, including a lawful strike;(b) for reasons-(i) related to pregnancy;(ii) related to disability, and(iii) that constitute discrimination under this Act.41.-(1) If a contract of employment can be terminated on notice, theperiod of notice shall not be less than-(a) seven days, if notice is given in the first month of employment; and(b) after that-(i) 4 days, j f t he e mployee is e employed o n a daily o r weekly basis; or(ii) 28 days, if the employee is employed on a monthly basis.(2) An agreement may provide for a notice period that is longer thanthat required in subsection (1) provided that, the agreed notice period is of equal duration for both the employer and the employee.(3) Notice of termination shall be in writing, stating –(i) the reasons for termination; and(ii) the date on which the notice is given.42.-(1) For the purposes of this section, ''severance pay'' means an amount at least equal to 7 days' basic wage for each completed year of continuous service with that employer up to a maximum of ten years.(2) An employer shall pay severance pay on termination of employment if-(a) the employee has completed 12 months continuous service with an employer; and(b) subject to the provisions of subsection (3), the employer terminates the employment. 43.-(1) Where an employee's contract of employment is terminated at a place other than where the employee was recruited, the employer shall eithera) transport of the employee and his personal effects to the place of recruitment,(b) pay for the transportation of the employee to the place ofrecruitment, or(c) pay the employee an allowance for transportation to the place of recruitment in accordance with subsection (2) and daily subsistence expenses during the period, if any,between the date of termination of the contract and the date of transporting the employee and his family to the place of recruitment44.-(1) On termination of employment, an employer shall pay an employee(a) any remuneration for work done before the termination; (b) any annual leave pay due to an employee under section 31 for leave that the employee has not taken;(c) any annual leave pay accrued during any incomplete leave cycle determined in accordance with section 31 (1);(d) any notice pay due under section 41(5); and (e) any severance pay due under section 42;(f) any transport allowance that may be due under section 43. (2) On termination, the employer shall issue to an employee a prescribed certificate of service.
