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> GOVERNANCE - home > Employment protection legislation database - EPLex > Saint Lucia

Saint Lucia - Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment)


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Definition of collective dismissal (number of employees concerned):
No statutory definition collective dismissal.

Remarks:
  • However economic dismissals are referred to in the CSA with regard to the employee's entitlements to severance pay.
    An employee, who has been continuously employed for more than 104 weeks (counted after the age of 16), is to be considered as retrenched if the dismissal is attributable wholly or mainly to:
    (a) the fact that their employer has ceased, or intends to cease, to carry on the business for the purposes for which the employee was employed, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed; or
    (b) the fact that the requirements of the business for employees to carry out work of a particular kind, or for an employee to carry out work of a particular kind in the place where they were so employed, have ceased or diminished or are expected to cease or diminish (secs. 10 and 14(1) CSA).

Prior consultations with trade unions (workers' representatives): No

Notification to the public administration: No

Remarks:
  • However, prior notification to the Labour Commissionner is required in the event of business closure. (sec. 35 (1) Registration, Status and Recognition of Trade Unions and Employers' Organisations Act).

Notification to workers' representatives: No

Remarks:
  • Prior notification to the trade union is only required in the event of business closure (sec. 35 (1) Registration, Status and Recognition of Trade Unions and Employers' Organisations Act).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

Priority rules for re-employment: No

Notes / Remarks
There are no specific notification or consultation requirements applicable to collective dismissals.
However, any employer who intends to close an undertaking must notify the trade union and the Labour Commissionner of its intention and indicate the reasons for closure and the number of categories affected (sec. 35 (1) Registration, Status and Recognition of Trade Unions and Employers' Organisations Act).

+ show references

Definition of collective dismissal (number of employees concerned):
No statutory definition collective dismissal.

Remarks:
  • However economic dismissals are referred to in the CSA with regard to the employee's entitlements to severance pay.
    An employee, who has been continuously employed for more than 104 weeks (counted after the age of 16), is to be considered as retrenched if the dismissal is attributable wholly or mainly to:
    (a) the fact that their employer has ceased, or intends to cease, to carry on the business for the purposes for which the employee was employed, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed; or
    (b) the fact that the requirements of the business for employees to carry out work of a particular kind, or for an employee to carry out work of a particular kind in the place where they were so employed, have ceased or diminished or are expected to cease or diminish (secs. 10 and 14(1) CSA).

Prior consultations with trade unions (workers' representatives): No

Notification to the public administration: No

Remarks:
  • However, prior notification to the Labour Commissionner is required in the event of business closure. (sec. 35 (1) Registration, Status and Recognition of Trade Unions and Employers' Organisations Act).

Notification to workers' representatives: No

Remarks:
  • Prior notification to the trade union is only required in the event of business closure (sec. 35 (1) Registration, Status and Recognition of Trade Unions and Employers' Organisations Act).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

Priority rules for re-employment: No

Notes / Remarks
There are no specific notification or consultation requirements applicable to collective dismissals.
However, any employer who intends to close an undertaking must notify the trade union and the Labour Commissionner of its intention and indicate the reasons for closure and the number of categories affected (sec. 35 (1) Registration, Status and Recognition of Trade Unions and Employers' Organisations Act).

+ show references

Definition of collective dismissal (number of employees concerned):
No statutory definition collective dismissal.

Remarks:
  • However economic dismissals are referred to in the CSA with regard to the employee's entitlements to severance pay.
    An employee, who has been continuously employed for more than 104 weeks (counted after the age of 16), is to be considered as retrenched if the dismissal is attributable wholly or mainly to:
    (a) the fact that their employer has ceased, or intends to cease, to carry on the business for the purposes for which the employee was employed, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed; or
    (b) the fact that the requirements of the business for employees to carry out work of a particular kind, or for an employee to carry out work of a particular kind in the place where they were so employed, have ceased or diminished or are expected to cease or diminish (secs. 10 and 14(1) CSA).

Prior consultations with trade unions (workers' representatives): No

Notification to the public administration: No

Remarks:
  • However, prior notification to the Labour Commissionner is required in the event of business closure. (sec. 35 (1) Registration, Status and Recognition of Trade Unions and Employers' Organisations Act).

Notification to workers' representatives: No

Remarks:
  • Prior notification to the trade union is only required in the event of business closure (sec. 35 (1) Registration, Status and Recognition of Trade Unions and Employers' Organisations Act).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

Priority rules for re-employment: No

Notes / Remarks
There are no specific notification or consultation requirements applicable to collective dismissals.
However, any employer who intends to close an undertaking must notify the trade union and the Labour Commissionner of its intention and indicate the reasons for closure and the number of categories affected (sec. 35 (1) Registration, Status and Recognition of Trade Unions and Employers' Organisations Act).