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FAQ


FAQ

Frequently asked questions for the Industrial Relation Section

What are the laws that govern employment?

  • Employment Act 1995
  • Conditions of Employment Regulations 1991
  • Occupational Safety and Health Decree 1991
  • Occupational Safety and Health Decree 1991 subsidiary regulations and
  • Industrial Relations Act 1994

 

What happens if no agreement is reached at mediation?

A certificate will be issued to the applicant, who can be an employer or employee, to prove that steps have been taken to settle the matter by way of mediation; enabling the applicant to file his or her case at the Employment Tribunal should he or she wish to do so.

What is mediation?

A consultative meeting where a competent officer meets with both parties concerned to try to find a solution to settle their grievance without them having to go to court.

What is the negotiation procedure?

It is the procedure allowing termination, in particular redundancy, and lay-off of workers set out in Part 1 of Schedule 1 of the Employment Act 1995. See FAQ “What are the requirements that need to be followed for redundancy/termination of employees for reason other than disciplinary measure?”

What is a part-time worker?

It is a worker other than a casual worker who works for the same employer for a period less than 25 hours a week or less than 3 days a week.

What is the rate for calculation of overtime performed by a shift worker?

  • 1 ½ hours pay for 1 hours’ work on a week day or Sunday ( Section 6 (2) (b) (i) of Conditions of Employment Regulations, 1991)
  • 3 hours pay for 1 hour’s work on a public holiday (Section 6 (2) (b) (ii) of Conditions of Employment Regulations, 1991)

What is the length of maternity leave?

14 weeks paid maternity leave of which not less than 12 weeks shall be taken after the date of confinement – (Regulation 16 of the Employment (Conditions of Employment) Regulations 1991 as amended by Regulation 2 of the Employment (Conditions of Employment)(Amendment) Regulations, 2007)

How many days of paid compassionate leave is a worker entitled to during a period of 12 months?

4 days – ( Regulation 10 (2) of Conditions of Employment Regulations, 1991)

How many days of paid sick leave is a worker entitled to during a period of 12 months?

30 days paid sick leave – ( Regulation 12 (1) (a) of Conditions of Employment Regulations, 1991)

What is the length of the probationary period ?

Not longer than 6 months unless authorized by the Competent Officer – (Section 70 (b) of Employment Act 1995)

What requirements need to be followed for redundancy/termination of employees for reason other than disciplinary measure?

An employer wishing to terminate a contract of employment of a worker under the Negotiation Procedure must, not less than 42 days before the employer intends to give notice of termination to the worker, notify the Chief Executive. The 42 days may, in exceptional circumstances and at the discretion of the Chief Executive, be reduced. Upon receipt of the notification with the required fee the Competent Officer requests all relevant information required from employer and registers the application.

A date for the consultation is set and communicated to the employer. The employer is required to bring the worker/s to be terminated to the consultation. The Competent Officer has to give the determination within 14 days after the date of registration of the notification. The employer has to wait for 21 days from the determination before giving notice of termination to the worker. The determination is subject to appeal. The appeal application with the required fee is received, a date for the hearing by the Employment Advisory Board is set and communicated to the employer/worker, a panel to hear the case is put together and a copy of the file is sent to them.

The Minister has to within 42 days of the lodging of the appeal give his or her ruling.The Employment Advisory Board’s report is received, placed on file and forwarded to the Minister for is ruling. Where found necessary, a brief on the case is prepared by the Competent Officer to guide the Minister. When the ruling is received, it is drafted by the Competent Officer, signed by the Minister and communicated to the parties by the Chief Executive. At both stages, i.e. consultation before Competent Officer and appeal, where there is non-compliance, the party is sent reminders and legal action initiated.

What is the minimum age for employment?

While the minimum age for employment is 15 years, Section 22 (1) of Conditions of Employment Regulations 1991 (SI 34 of 1991) prohibits the employment of persons below the age of 18 in a hotel, guest-house, boarding house, any place where tourists are accommodated, restaurant, shop, bar, nightclub, dance hall, discotheque or similar places of entertainment or on a ship or aircraft. Section 22 (4) of the said regulation allows the Competent Officer to exceptionally grant special written approval/permission for the employment of persons aged 15 – 17 years.

What is the maximum working hours permitted by the Act?

  • 60 hours per week for worker other than a watchman - ( Regulation 3 (1) of Conditions of Employment Regulations, 1991)
  • 72 hours per week for a watchman – ( Regulation 3 (3) of Conditions of Employment Regulations, 1991)

How many days annual leave a worker is entitled to during a period of 12 months?

21 days excluding Saturdays, Sundays and Public Holidays - (Regulation 9 of Employment (Conditions of Employment) Regulations, 1991)

What is the formula for calculating compensation for length of service?

Salary per year × number of hours worked per day × number of days entitled (5/6 of a day’s wage for each month completed) ÷52 ÷ number of hours worked per week

(Regulation 24 (2) of S.I 34 of 1991)

What is the formula for calculating hourly rate?

Annual salary ÷ 52 weeks ÷ number of hours work per week (Regulation 24 (1) of S.I 34 of 1991)

What is the formula for converting accrued leave into cash?

Salary per year × number of days entitled ÷ number of days per year (Regulation 9 (9) (a) of S.I 34 of 1991, as amended by S.I 3 of 2000).

What is the national minimum wage for a worker working as a casual worker?

SR 30.78 for every hour of service (S. I. 55 of 2007 as last amended by S.I. 79 of 2013)

What is the national minimum wage for a part-time worker?

SR 26.70 for every hour of service (S. I. 55 of 2007 as last amended by S.I. 79 of 2013)

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