Remarks: Subject to subsection (2), this Act applies to all employment by any employer. The Act does not apply to - a) the Civil Service; b) the Armed Forces, except those employed in a civil capacity; c) the National Guard, Police Force, Security Service, or the Prisons Service, except those employed in a civil capacity; d) domestic service; e) employment of a member of the employer's household living in the employer's house. The Secretary of State may extend the application of this Act to any class of persons excluded in this section by an ORder published in the Gazette. Notwithstanding subsection (2), the Secretary of State may make regulations to set out the terms and conditions for the employment of persons in the domestic service. Labour Act, §3
LEGAL DEFINITIONS
Employee/worker
"employee" means - a) a person who offers his or her services under an oral or written contract of employment, wheter express or implied; b) a person, including a tenant share cropper, who performs work or services for another person for remuneration or reward on such terms and conditions that he or she is in relation to that person- i) in a position of economic dependence; and ii) under an obligation to perform duties for that person more closely resembling the relationship of employee than that of an independent contractor; or c) where the context requires, a former employee.
"worker" means a person who offers his or her services personally to another wheter under a contract of employment or otherwise.
Labour Act §2
Employer
"employer" means - a) a person, corporation, public authority, governing body of an unicorporated association, partnership, or any other institution or organisation whatsoever that employs an employee, and includes a heir, successor and an assignee of the employer; or b) where the context requires, a former employer.
Labour Act §2
Young worker
"Child" means any person under the age of 18 years.
Labour Act §2
NORMAL HOURS LIMITS
No relevant provisions identified.
OVERTIME WORK
No relevant provisions identified.
SCHEDULES
No relevant provisions identified.
REST PERIODS
No relevant provisions identified.
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Duration
» General
An employee is entitled to accumulate days of annual leave provided for by Jount Industrial Council agreement, collective agreement, or otherwise by his or her contract of employment. Wherever a period of annual leave entitlement is specified by reference to a period of more than one month, appropriate proportion of the entitlement is deemed to accrue for each month of employment.
Labour Act §73(1)(2)
Payment
» Amount
An amount of annual leave entitlement accumulated but not used at the time an employment is terminated shall be paid to the employee, calculated according to subsection (6). An employee is entitled to his or her regular remuneration for each day of public holiday, and his or her period of annual leave shall be extended by one working day with full pay for each day of public holiday that falls within the period of leave and would have been an ordinary working day for the employee. Payment for each day of annual leave and for each day of public holiday is due to an employee at a rate not less than that which the employee would normally be entitled to receive under his or her contract of employment for his or her usual work on that day, excluding bonus but including overtime payment.
Labour Act §73(4)(5)(6)
Schedule and splitting
An employer shall, in consultation with the employee, determine and grant the date for the taking of annual leave.
Labour Act §73(3)
PUBLIC HOLIDAYS
Payment
Payment for each day of annual leave and for each day of public holiday is due to an employee at a rate not less than that which the employee would normally be entitled to receive under his or her contract of employment for his or her usual work on that day, excluding bonus but including overtime payment.
Labour Act §73(6)
PART-TIME WORK
No relevant provisions identified.
NIGHT WORK
No relevant provisions identified.
SHIFT WORK
No relevant provisions identified.
ON-CALL WORK
No relevant provisions identified.
FLEXITIME
No relevant provisions identified.
CASUAL WORK
No relevant provisions identified.
SHORT-TIME WORK/WORK-SHARING
No relevant provisions identified.
RIGHT TO CHANGE WORKING HOURS
No relevant provisions identified.
INFORMATION & CONSULTATION
No relevant provisions identified.
Results generated on: 28th March 2024 at 21:27:49.
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