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Saint Lucia
 


Source and scope of regulations - 2011    

References
  • Contract of service Act [CSA], Act 14 of 1970, Revised editions. Chap. 16.03 including Contract of service regulations [CSR], Statutory Instrument 26/1972, as last amended by SI 21/1995
    Date: 09 Mar 1995; view website »
  • Equality of Opportunity and Treatment in Employment and Occupation Act [EOTEOA], Act 9 of 2000, Chap. 16.14
    Date: 01 Apr 2000; view website »
  • Registration, Status and Recognition of Trade Unions and Employers' Organisations Act [TUEOA], Act No. 42 of 1999 (not available in electronic format)
    Date: 11 Jan 2000 (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants; employer's family members


Reforms under process
A new Labour Code was passed in 2006. However, as of February 2011, it has not been implemented. This text which has been re-drafted to include new amendments is still under discussion.


Types of employment contracts - 2011    

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Maximum probationary (trial) period: 12 week(s)

Fixed term contract (FTC):
  • Valid reasons for FTC use: no limitation
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: no limitation

Substantive requirements for dismissals (justified and prohibited grounds) - 2011    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): none

Prohibited grounds: marital status; pregnancy; family responsibilities; filing a complaint against the employer; colour; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; whistle blowing; ethnic origin

Workers enjoying special protection: no protected groups

Procedural requirements for individual dismissals - 2011    

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Notification to the worker to be dismissed: no specific form required

Notice period:
    • tenure ≥ 6 months
      • 1 week(s).
    • tenure ≥ 9 months
      • 1 week(s).
    • tenure ≥ 2 years
      • 2 week(s).
    • tenure ≥ 4 years
      • 2 week(s).
    • tenure ≥ 5 years
      • 4 week(s).
    • tenure ≥ 10 years
      • 6 week(s).
    • tenure ≥ 20 years
      • 6 week(s).

    Pay in lieu of notice: Yes

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2011    

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

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

    Notification to the public administration: No

    Notification to workers' representatives: No

    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).

    Severance pay and redundancy payment - 2011    

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    Severance pay:
      Redundancy payment:
      • tenure ≥ 6 months: 0 week(s)
      • tenure ≥ 9 months: 0 week(s)
      • tenure ≥ 1 year: 0 week(s)
      • tenure ≥ 2 years: 2 week(s)
      • tenure ≥ 4 years: 4 week(s)
      • tenure ≥ 5 years: 7 week(s)
      • tenure ≥ 10 years: 20 week(s)
      • tenure ≥ 20 years: 50 week(s)

      Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2011    

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      Compensation for unfair dismissal - free determination by court: Yes

      Reinstatement available: Yes

      Preliminary mandatory conciliation: No

      Competent court(s) / tribunal(s): ordinary courts; labour court

      Existing arbitration: Yes

      Source of additional information - 2011    

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      Links

      ILO Committee of Experts on the Application of Conventions and Recommendations - Comments on the ILO Termination of Employment Convention, 1982, No. 158 (from 1990) »

      Caribbean Digest of Legislation on Termination of Employment, ILO Subregional Office for the Caribbean »

      CARIBLEX »
      ILO's database of national labour legislation (including on termination of employment) for the 13 ILO member States of the English- and Dutch-speaking Caribbean.