LABOUR ACT
RL 3/315 - December 30, 1975
ARRANGEMENT OF SECTIONS
PART I-PRELIMINARY

1              Short title

 

2              Interpretation

 

3              Application of Act

 

 

 

 

 

 

PART II-AGREEMENTS AND REMUNERATION

4              Agreements

 

5              Capacity of workers

 

6              Liability for act or omission of another

 

7              Employment of children and young persons

 

8              Payment of remuneration

 

9              Remuneration in special circumstances

 

10            Mode of payment of remuneration

 

11            Payment of remuneration on termination

 

12            Advance on remuneration and recovery

 

13            Deductions

 

14            Public contracts

 

 

 

 

 

 

PART III-HOURS OF WORK

15            Days and hours of work

 

16            Overtime

 

17            Meal and tea breaks

 

 

 

 

 

 

PART IV-OTHER CONDITIONS OF WORK

18            Transport of workers

 

19            Privileges for female workers

 

20            Sick leave

 

21            Annual leave

 

21A         Additional leave

 

22            Medical facilities

 

23            -

 

24            -

 

25            Other facilities

 

 

 

 

 

 

PART V-INTERCROP ENTITLEMENT OF WORKERS IN THE SUGAR INDUSTRY

26            Interpretation of Part V

 

27            Entitlement to work during intercrop season

 

28            Employment with alternative employer

 

29            Worker’s remedy

 

 

 

 

PART VI-TERMINATION OF AGREEMENTS

30            Termination of agreement

 

31            Notice of termination of agreement

 

32            Unjustified termination of agreement

 

33            Worker under notice of termination

 

34            Payment of severance allowance

 

35            Exclusion of severance allowance

 

36            Amount of severance allowance

 

37            Deductions from severance allowance

 

37A         Termination of appointment under the

Constitution

 

38            Termination of Contracts of Service Board

 

39            Reduction of work force

 

 

 

 

 

 

PART VII-JOB CONTRACTORS

40            Issue of permit

 

41            Joint liability of employer and job contractor

 

42            Remuneration to be a privileged debt

 

 

 

 

 

 

PART VIII—PART-TIME WORK

43            Interpretation of Part VIII

 

44            Payment of remuneration

 

45            Work on Sundays and public holidays

 

46            Annual leave

 

47            Sick leave

 

47A         Maternity leave

 

47B         Protective equipment and travelling benefits

 

47C         Termination of agreement

 

47D         Payment of severance allowance

 

47E          Amount of severance allowance

 

47F          Consideration for full-time employment

 

47G         Transfer to part-time work

 

 

 

 

PART IX-RECORDS AND PROCEEDINGS

48            Register of employers

 

49            Keeping of documents

 

 

 

 

 

50            Termination of employment certificate

 

51            Power to make enquiries

 

52            Power to summon

 

53            Complaint to the Permanent Secretary

 

 

 

 

PART X-LABOUR ADVISORY BOARD

54            Labour Advisory Board

 

 

 

 

 

 

PART XI-MISCELLANEOUS

55            Offences

 

56            Amendment of Schedules

 

57            Regulations

 

58           

 

First Schedule

 

Second Schedule

 

Third Schedule

 

Fourth Schedule

 

 

 

 


PART I-PRELIMINARY
1              Short title
This Act may be cited as the Labour Act.

2              Interpretation
In this Act–

"agreement" means a contract of employment, whether oral or written, implied or
express;

"Board" means–

(a)           in Part VI, the Termination of Contracts of Service Board established under
section 38;

(b)           in Part X, the Labour Advisory Board established under section 54;

"child" means a person under the age of 15;

"continuous employment", subject to sections 34(2) and 35(3), means the employment
of a worker under an agreement, or under more than one agreement where the
interval between one agreement and the next does not exceed 28 days;

"contractor" means a person who employs a worker for the purpose of a public
contract;

"Court" means the Industrial Court;

"designated year" means any year which the Minister may, by regulations, designate
as such;

"employer", subject to sections 26 and 39(1)–

(a)           means the person responsible for the payment of remuneration to a worker;

(b)           includes a person, other than another shareworker, who shares the profit or
gross earnings of a shareworker;

"factory"–

(a)           means any premises with machinery on which, or within the precincts of
which, persons are employed in the making, altering, repairing, cleaning,
breaking up or adapting for sale of any article for the purpose of gain and
over which the employer has the right of access or control;

(b)           includes any premises on which–

(i)            ships or vessels are constructed, repaired or broken up;

(ii)           the business of sorting any article is carried on as a preliminary to the
work carried on in a factory or as an incidental to the purposes of a
factory;

(iii)          the business of washing or filling bottles or containers or packing
articles is carried on as an incidental to the purposes of a factory;

(iv)          the business of hooking, plaiting, lapping, making up or packing of
yarn or cloth is carried on;

(v)           the business of a laundry is carried on as an ancillary to another
business or as an incidental to the purposes of a public institution;

(vi)          the construction, reconstruction or repair of vehicles or other plant for
the use for transport purposes is carried on as an ancillary to a
transport undertaking or other industrial or commercial undertaking
not being premises used for the purpose of housing vehicles where
only cleaning, washing, running repairs or minor adjustments are
carried on;

(vii)         printing by letter-press, lithography, photogravure, or other similar
process, or bookbindings is carried on by way of trade or for purposes
of gain or as an incidental to another business so carried on;

(viii)        mechanical power is used in connection with the making or repair of
articles of metal or wood as an incidental to any business carried on
by way of trade or for purposes of gain;

(ix)           articles are made or prepared as an incidental to the carrying on of
building operation or works of engineering construction, not being
premises in which such operation or works are being carried on;

(x)            bread, biscuits or confectionery are baked by way of trade for
purposes of gain;

(xi)           tobacco leaf is cured or otherwise made ready for manufacture or is
manufactured into tobacco in any form;

"good and sufficient cause" includes–

(a)           illness or injury certified by a medical practitioner;

(b)           absence sanctioned by the employer;

"goods vehicle" has the same meaning as in the Road Traffic Act;

"industrial undertaking" includes–

(a)           mining and quarrying operations or other activities connected with mineral
prospecting;

(b)           the manufacture, production, assembly, installation, repair, maintenance,
modification or destruction of materials or properties;

(c)           ship building operations;

(d)           the generation, transformation, and supply of electric power or other types of
energy;

(e)           the construction, extension, installation, repair, maintenance, alteration or
demolition of buildings, airfields, tramway lines, harbours, dockyards, piers,
inland water ways, roads, tunnels, bridges, drainage, water pipes, telegraphic
and telephonic installations, electric gas or water works or other construction
work including the preparation for or laying the foundation of any such work
or structure; and

(f)            such other undertaking as the Minister may by regulations determine;

"job contractor" means a person who–

(a)           employs a worker for the performance of any work or service which he has
contracted to do or provide for another person;

(b)           recruits workers on behalf of another person in the course of that other
person’s trade or business;

"machinery" includes–

(a)           boilers;

(b)           prime movers and transmission gears;

(c)           furnaces and storage tanks;

(d)           vats, tanks and cooling or drying devices used in connection with the
produce of any mechanical process;

"officer" means an officer of the Ministry of Labour and Industrial Relations;

"partnership" includes any association or body of persons whether corporate or
unincorporate;

"pay period" means the period for which remuneration is paid under section 4;

"Permanent Secretary" means the Permanent Secretary of the Ministry of Labour and
Industrial Relations;

"place of work" means a place where work is performed under an agreement;

"prime mover" means an engine, motor or other appliance which provides mechanical
energy from whatever source derived;

"public contract" means a contract involving the expenditure of funds by the
Government, a local authority or by a body specified in the First Schedule;

"remuneration"–

(a)           means all emoluments earned by a worker under an agreement;

(b)           includes–

(i)            any sum paid by an employer to a worker to cover expenses incurred in
relation to the special nature of his work; and

(ii)           any money to be paid to a job contractor, for work by the person
employing the job contractor;

(c)           does not include money due as a share of profits;

 "severance allowance" means an amount calculated in accordance with section 36;

"shareworker" means a person who–

(a)           is remunerated wholly or partly by a share in the profits or gross earnings of
the work done by him; and

(b)           is not an owner of the main equipment used in the work he does;

"shift work" means work on which 2 or more persons are regularly and alternately
employed at different times;

"shop" means a place where any wholesale or retail trade or business is carried on;

"shop assistant" means a worker employed in a shop in connection with the serving of
customers, the receipt of orders, or the dispatch of goods;

"stipulated hours" means the hours specified in section 15(1) and (2) or such lesser
number of hours of work as may be specified in an agreement;

"trade or business"–

(a)           includes–

(i)            the business of a barber or hairdresser;

(ii)           the sale of refreshments or intoxicating liquors;

(iii)          sales by auction; but

(b)           does not include the sale of programmes and catalogues and other similar
sales at theatres and places of amusement;

"transmission gear" means a device by which the motion of a prime mover is
transmitted to or received by a machine or other appliance;

"week" means a period of 7 consecutive days;

"week day" means a day other than a public holiday;

"worker", subject to section 26–

(a)           means a person who has entered into or works under an agreement or
contract of apprenticeship with an employer, other than a contract of
apprenticeship regulated under the Industrial and Vocational Training Act
1988, whether by way of casual work, manual labour, clerical work or
otherwise and however remunerated;

(b)           includes a shareworker;

(c)           does not include–

(i)            a job contractor;

(ii)           except in relation to Part VI, a person whose basic wage or salary is at a
rate in excess of 72,000 rupees per annum;

[Note]

 "working day", in relation to a day which a worker may include in his attendance
record for the purposes of Part V–

(a)           includes–

(i)            a public holiday on which he works;

(ii)           a day on which he has been absent for good and sufficient cause; and

(iii)          a day on which the employer was unable to provide him with work;

(b)           does not include a day on which he is employed on task work unless–

(i)            excluding any time allowed for meals and tea he has remained at work
for a total of–

(A)          6 hours, or in the case of a young person 5 hours, on a week day
other than Saturday; or

(B)           5 hours on a Saturday;

(ii)           he has completed the task allotted to him; or

(iii)          he has earned the minimum daily rate of remuneration in force or current
in the sugar industry;

"young person" means a person, other than a child, who is under the age of 18.

3              Application of Act
Subject to any provision to the contrary in any other enactment, this Act shall apply to
every agreement.

[Note]

PART II-AGREEMENTS AND REMUNERATION
4              Agreements
 (1)          Subject to subsection (3), no person shall enter into an agreement under which
remuneration is to be paid at intervals of more than one month.

(2)           An agreement which contains a provision inconsistent with subsection (1) shall
to the extent of the inconsistency be void.

(3)           An agreement may be entered into for a specified piece of work.

(4)           Where a worker–

(a)           is summoned or required to report at a given place or conveyed there by the
employer or his agent; and

(b)           is found fit and willing to perform the work for which he was summoned,
required to report or conveyed,

the worker and the employer shall be deemed to have entered into an agreement.

(5)           Where the worker is required to perform task work, his employer or his agent shall,
before the work is commenced, inform the worker of the nature of the task he is required to do
each day and the rate at which he will be remunerated for that work.

5              Capacity of workers
Notwithstanding any other enactment, a person who is of the age of 15 or more shall
be competent to enter into an agreement and shall, in relation to the agreement and to its
enforcement, be deemed to be of full age and capacity.

6              Liability for act or omission of another
Notwithstanding any other enactment, no worker shall be bound by virtue of an
agreement to answer for the act or omission of any other person.

7              Employment of children and young persons
 (1)          No person shall enter into an agreement with a child.

(2)           No person shall employ or continue to employ a young person–

(a)           on work which is harmful to health, dangerous, or otherwise unsuitable for a
young person;

(b)           after being notified in writing by an officer that the kind of work upon which
the young person is employed is harmful to health, dangerous, or otherwise
unsuitable for the young person.

[Note]

8              Payment of remuneration
 (1)          Subject to any express provision in the agreement, every agreement shall be
presumed to be one under which remuneration is to be paid at monthly intervals.

(2)           No agreement shall contain a term as to the place at which, or the manner in which
or the person with whom, any remuneration paid to a worker is to be spent.

(3)           An agreement which contains a provision inconsistent with subsection (2) shall
to the extent of the inconsistency be void.

(4)           (a)           Subject to paragraph (b), no employer shall, except with the Permanent
Secretary’s written consent, pay remuneration to a worker otherwise than–

(i)            within working hours; and

(ii)           at or near the place of work.

(b)           Nothing in paragraph (a) shall prevent a worker from agreeing that his
employer shall pay his remuneration into his bank account.

(5)           Except in the case of a worker who is employed in a shop, no employer shall–

(a)           pay remuneration to a worker in a shop; or

(b)           cause or allow the owner or manager of, or any person employed in, a shop to
pay remuneration due by him to his worker.

(6)           Where the Minister is satisfied that it is in the public interest so to do, he may by
regulations, provide that such categories of workers as may be specified in the regulations shall
be entitled to an additional month’s remuneration in respect of the month of December.

9              Remuneration in special circumstances
 (1)          An employer shall pay to a worker–

(a)           a full day’s remuneration where–

(i)            the employer is unable or fails to provide work; or

(ii)           owing to climatic conditions, power failure, or breakdown in machinery
or appliances, work has been stopped after the worker has worked for
more than 2 hours;

(b)           half a day’s wages where owing to climatic conditions, power failure, or
breakdown in machinery or appliances–

(i)            the employee is of opinion that no work can be performed; or

(ii)           work has been stopped before the worker has completed 2 hours work.

(2)           Subject to section 30(1), an employer may, with the approval of the Permanent
Secretary, require a worker to work temporarily for a time shorter than specified in the
agreement and to accept a reduced remuneration.

(3)           Where a cyclone warning class III of IV has been issued and for so long as the
warning remains in force, a worker may absent himself from work and the employer shall pay
remuneration to the worker at the normal rate in respect of the period of absence.

(4)           No remuneration shall be payable to or recoverable by a worker for or on account
of any period–

(a)           during which the worker was in lawful custody;

(b)           spent by the worker in going to or returning to a reform institution;

(c)           spent by the worker in going to, attending or returning from a court in
relation to proceedings in which he has been convicted of an offence.

10           Mode of payment of remuneration
 (1)          Subject to subsection (2), every employer shall pay remuneration to his workers in
legal tender.

(2)           An employer may–

(a)           with the Permanent Secretary’s consent, pay remuneration to his workers
partly in legal tender and partly in kind;

(b)           with a worker’s consent, pay his remuneration by cheque.

11           Payment of remuneration on termination
 (1)          Subject to subsection (2), every employer shall, on the termination of an
agreement, forthwith pay to a worker any remuneration due under the agreement.

(2)           Where the parties to an agreement are deemed to have entered into a fresh
agreement under section 30(2), the employer shall, not later than 2 week days after the expiry of
the previous agreement, pay to the worker the remuneration due under the previous agreement.

(3)           Where notice of termination of an agreement has been given under section 31, the
employer shall, on the date of expiry of the notice, pay to the worker any remuneration due.

(4)           Where an agreement is terminated otherwise than by notice under section 31 or
by expiry of the period for which the agreement was agreed to last, the employer shall, not later
than 2 week days after the termination of the agreement, pay to the worker any remuneration
due.

(5)           Where an agreement is terminated and at the time of termination the worker has
not taken any leave to which he is entitled under section 21, the employer shall, in lieu of leave,
pay to the worker the remuneration to which he would have been entitled if he had worked.

12           Advance on remuneration and recovery
 (1)          Subject to subsection (4), no employer shall advance to a worker more than 3
months’ remuneration.

(2)           An advance of remuneration made in contravention of subsection (1) shall be
irrecoverable.

(3)           No employer shall, for the purpose of recovering any advance made under
subsection (1), make a deduction from the remuneration payable to the worker which exceeds
one fifth of the remuneration.

(4)           The Minister may by regulations prescribe the conditions under which an
employer may advance more than 3 months’ remuneration to a worker.

13           Deductions
 (1)          Subject to subsection (2) and section 12, and without prejudice to sections 104
and 104A of the Income Tax Act no employer shall make–

(a)           a deduction from remuneration by way of discount, or for interest or any
similar charge on account of an advance of remuneration made to a worker;

(b)           an arrangement with a worker for a deduction from his remuneration or for a
payment to the employer, for or in respect of a fine, or bad or negligent work,
or damage to the materials or other property of the employer.

(2)           An employer may, with the worker’s written consent, deduct from the
remuneration of the worker and pay to any body specified in the Second Schedule any sum
which the worker wishes to be paid to that body.

 [Note]

(3)           No employer shall make a deduction under this section which, together with any
deduction authorised by any other enactment, exceeds one half of the remuneration payable to
that worker for any pay period.

(4)           No person shall make any deduction from remuneration in the form of a direct or
indirect payment for the purpose of obtaining or retaining employment.

14           Public contracts
 (1)          No contractor shall be entitled to any payment in respect of work performed in the
execution of a public contract unless he has, together with his claim for payment, filed a
certificate–

(a)           showing the rates of remuneration and hours of work of the various
categories of workers employed in the execution of the contract;

(b)           stating whether any remuneration payable in respect of work done under the
contract is due;

(c) containing such other information as the Permanent Secretary may require to
satisfy himself that the provisions of this Act have been complied with.

(2)           Where the Permanent Secretary is satisfied that remuneration is still due to a
worker employed on a public contract at the time the claim for payment is filed under
subsection (1), he may, unless the remuneration is sooner paid by the contractor, arrange for
the payment of the remuneration out of the money payable under the public contract.

(3)           Except with the written consent of the Permanent Secretary, no contractor shall
transfer or assign a public contract.

PART III-HOURS OF WORK
15           Days and hours of work
 (1)          Subject to subsections (4) and (5), no worker shall be bound to work more than 6
days in a week nor more than–

(a)           where the worker is a young person, 6 hours in a day exclusive of the time
allowed for meals and tea;

(b)           where the worker is not a young person, 8 hours in a day exclusive of the
time allowed for meals and tea.

(2)           Where by his agreement a worker is required to work for 6 or more days in a week
the worker may on one day of the week agreed upon between the employer and the worker, stop
work after 5 hours’ work and the employer shall pay to the worker a full day’s remuneration in
respect of that day.

(3)           (a)           No person shall employ a young person or a female worker in an industrial
undertaking for more than 10 hours in a day or–

(i)            in the case of a young person, between 6 p.m. and 6 a.m.; and

(ii)           in the case of a female worker, between 10 p.m. and 5 a.m.

(b)           Where a worker employed in an industrial undertaking has worked up to or
beyond 10 p.m., the employer shall not require him to resume work before the
lapse of 11 hours after he has ceased work.

(4)           (a)           Subject to paragraph (b), no employer shall employ a young person for more
than 36 hours in a week.

(b)           An employer may employ a young person in a shop for a period not
exceeding 48 hours in a week.

(5)           A worker on shift work may be employed in excess of the stipulated hours,
without added remuneration, if the average number of hours covered by a pay period does not
exceed the stipulated hours.

(6)           Except where he voluntarily undertakes so to do, no worker shall be required to
work on a public holiday.

16           Overtime
 (1)          Subject to subsection (3), where a worker works on a week day for more than the
stipulated hours, the employer shall, in respect of the extra work, remunerate the worker at not
less than one and a half times the rate at which the work is remunerated when performed during
the stipulated hours.

(2)           Subject to subsection (3), where a worker works on a public holiday, the employer
shall, in addition to the remuneration payable under the agreement, remunerate the worker in
respect of any work done–

(a)           during the stipulated hours, at not less than twice the rate at which the work
is remunerated when performed during the stipulated hours on a week day;

(b)           outside the stipulated hours, at not less than 3 times the rate at which the
work is remunerated when performed during the stipulated hours on a week
day.

(3)           An agreement may provide that the remuneration provided for in it includes
payment for work on public holidays and overtime where–

(a)           the maximum number of public holidays; and

(b)           the maximum number of hours of overtime on week days and on public
holidays,

covered by the remuneration are expressly provided for in the agreement.

17           Meal and tea breaks
 (1)          Subject to subsection (2), every employer shall, unless the worker and the
employer otherwise agree, grant to a worker–

(a)           who is at work between the hours of–

(i)            9.00 a.m. and 1.30 p.m.; or

(ii)           5.00 p.m. and 8.00 p.m.;

a break of at least one hour for a meal between those hours;

(b)           who is employed for more than 6 hours consecutively in one day–

(i)            a tea break of at least 20 minutes; or

(ii)           2 tea breaks of at least 10 minutes each.

(2)           The break granted to a worker under subsection (1)(a)(i) shall, unless the worker
and the employer otherwise agree, be taken before noon.

PART IV-OTHER CONDITIONS OF WORK
18           Transport of workers
 (1)          No person shall, except with the Permanent Secretary’s written consent, transport
a female worker or cause a female worker to be transported in–

(a)           a goods vehicle;

(b)           any other vehicle, unless the vehicle is provided with an easy means of
entering and alighting which does not involve climbing.

(2)           Where, at the time of entering into an agreement, a worker’s place of work is more
than 3 miles from his usual place of residence and the worker is required to work between 9.00
p.m. and 5.00 a.m., the employer shall provide the worker with transport or, where facilities of
transport by bus are available at the time the worker is required to start or to cease work, a sum
equivalent to the bus fare for the return journey between his usual place of residence and the
place of work.

(3)           The Minister may, by regulations, prescribe the categories of workers to whom
transport facilities shall be provided and the conditions under which such workers shall be
transported.


19           Privileges for female workers
 (1)          A female worker may absent herself from work–

(a)           during pregnancy, where she produces a medical certificate to the effect that
the confinement is likely to take place within the next 6 weeks;

(b)           for a period of 6 weeks following her confinement.

(2)           Any period of absence under subsection (1) shall–

(a)           be deemed to be absence from work with the consent of the employer; and

(b)           where the female worker has been in continuous employment with the same
employer for more than 12 months, be on full pay.

(3)           (a)           Subject to paragraph (b), where a female worker is nursing her unweaned
child, she may require her employer to grant her at such time as is convenient
to her–

(i)            a break of one hour daily; or

(ii)           a break of half an hour twice daily,

for the purpose of nursing her unweaned child.

(b)           The employer may require a break under paragraph (a) to be taken
immediately before or after a meal or tea break.

(4)           No break taken under subsection (3) shall be deducted from the number of hours
of work of the worker.

20           Sick leave
 (1)          Subject to subsection (2) and (3), every worker who has been in continuous
employment with the same employer for more than 12 months shall be entitled in every year to
21 working days’ leave on full pay on grounds of illness.

(2)           (a)           Where a worker absents himself on grounds of illness, he shall, except where
the employer is aware of the nature of the illness, as soon as possible notify
his employer of his illness.

(b)           Where a worker referred to in paragraph (a) remains ill for more than 4 days he
shall, in addition, forward to his employer a medical certificate–

(i)            where the worker was admitted to a hospital or similar institution,
within 3 days following his discharge;

(ii)           in every other case, on the day following the fourth day of absence.

(3)           A medical certificate issued for the purpose of showing good and sufficient cause
for absence from work shall not be valid in respect of any period in excess of 4 days before the
day on which the person to whom the certificate relates had been examined by the medical
practitioner issuing the certificate.

(4)           The employer may, at his own expense, cause a worker who is absent on grounds
of illness to be examined by a medical practitioner.

21           Annual leave
 (1)          Every employer shall grant a worker who has been in continuous employment
with him for 12 consecutive months 14 working days leave on full pay to be taken at such time
as the employer and the worker may agree.


[Note]

(2)           Where the employer and the worker are unable to agree as to when the leave
under subsection (1) is to be taken, half of the leave period shall be fixed by the employer and
the other half by the worker.

21A        Additional leave
Notwithstanding section 3 or any other enactment, every worker shall be entitled to
two days leave in every year in addition to the annual leave, by whatever name called, to which
he is entitled under–

(a)           section 21; or

(b)           any other enactment; or

(c)           the provisions of any agreement.

[Note]

22           Medical facilities
 (1)          Every person who employs 15 or more workers shall make appropriate
arrangements for the medical and health requirements of his workers at work.

(2)           Where a worker has suffered injury or illness at work necessitating his removal to
his home or to a hospital or other similar institution, the employer shall promptly and at his own
expense provide an appropriate means of conveyance for the worker.

23           -
 [Note]

24           -
 [Note]

25           Other facilities
 (1)          -

[Note]

(2)Where the Permanent Secretary or a Government medical officer is of opinion that
no adequate arrangements exist to provide for the nursing of children of workers, he may, by
written notice served on the employer, give such directions to the employer as he thinks fit.

[Note]

(3)           An employer shall comply with the directions given to him by a Government
medical officer or the Permanent Secretary under subsection (2).


PART V-INTERCROP ENTITLEMENT OF WORKERS IN THE SUGAR INDUSTRY
26           Interpretation of Part V
In this Part–

"employer", subject to section 27(1)(b), means an employer engaged in the cultivation
of sugarcane whose total area of sugarcane cultivation, whether on one or more
pieces of land, exceeds 10.5522 hectares (25 arpents);

[Note]

"intercrop season", in relation to an employer, means the period intervening between
the end of a harvest and the beginning of the next harvest;

 "remuneration regulations" means–

(a)           the Sugar Industry (Agricultural Workers) (Remuneration Order)
Regulations;

(b)           the Sugar Industry (Non-Agricultural Workers) (Remuneration Order)
Regulations;

"worker"–

(a)           has the same meaning as in paragraph 2(1) of the (Remuneration Order)
Regulations;

(b)           includes a person specified in paragraph 2(2) of the (Remuneration Order)
Regulations;

(c)           does not include a person specified in paragraph 2(3) of the (Remuneration
Order) Regulations.

27           Entitlement to work during intercrop season
 (1)          Subject to the other provisions of this section–

(a)           every employer shall, throughout an intercrop season, employ his regular
labour force; or

(b)           every employer who owns either a sugar factory or more than 100 arpents of
land under sugarcane cultivation shall, throughout an intercrop season,
employ his regular labour force and–

(i)            all other workers employed by him during the preceding crop; or

(ii)           in a designated year a supplementary labour force consisting of not
less than 20 percent of all other workers employed by him on the basis
of highest percentage of attendance,

and who reckon a number of working days which is not less than 55 percent of the number of
working days during which the employer was harvesting his sugarcane crop.

(2)           The regular labour force of an employer shall consist of all the workers who were
in his employment on the day preceding the commencement of the 1988 crop.

(3)           Every employer shall, where a vacancy occurs in his regular labour force or in his
supplementary labour force, as the case may be, fill in the vacancy forthwith and give priority of
employment to workers employed at any time by him.

(4)           Priority of employment under subsection (3) shall be determined, regard being had
to the workers’ record of attendance, total earnings and period of employment with the employer
in that order.

(5)           Where a worker is entitled to be employed by an employer under subsection (1) or
(3) he shall be employed on every week day.

(6)           Every employer shall, on or before 31 January of every designated year, submit to
the Permanent Secretary, separate returns showing the number of workers in each category or
grade, as the case may be, who have been employed by him pursuant to subsections (1) and
(3).

[Note]

28           Employment with alternative employer
 (1)          Where an employer is bound under section 27 to employ a worker during an
intercrop season, he may, subject to subsection (3), arrange for the worker to be employed by
another employer, where adequate means of transport to and from the place of employment are
provided for any part of the period during which the worker is entitled to employment.

(2)           A worker who, without reasonable cause, refuses employment with an alternative
employer under subsection (1) on any day shall be deemed to have refused employment with his
own employer on that day but shall not be otherwise penalised.

(3)           (a)           Where a worker accepts employment with an alternative employer under
subsection (1) and the time required to travel from his place of residence to
the place of employment exceeds, by one hour or more, the time that would
have been spent travelling to work if he had been employed under section 27,
the alternative employer shall pay the worker such sum as may be fixed by
agreement between the worker and that employer to compensate for time lost
in travelling to and from work.

(b)           Every agreement under paragraph (a) shall be subject to the approval of the
Permanent Secretary.

(c)           In the absence of agreement between the worker and the employer as to the
sum to be paid under paragraph (a), the sum shall be determined by the
Permanent Secretary.

29           Worker’s remedy
 (1)          Where a worker who is entitled to be offered employment during an intercrop
season is not offered employment or is offered employment for an insufficient period, he may
refer the matter in dispute to an officer for settlement and shall be allowed the assistance of a
representative of his trade union, if any.

(2)           Where a reference under subsection (1) does not result in the matter being
satisfactorily settled, the worker may lodge a complaint with the Court and shall be allowed the
assistance of a representative of his trade union, if any.

(3)           (a)           Subject to paragraph (b), the Court may, if it finds that no employment or no
sufficient employment has been offered by the employer, order that the
worker–

(i)            be employed for the number of working days to which he is entitled;

                or

(ii)           be paid the remuneration which he would have earned during the same
period.

(b)           Where an order is made under paragraph (a)(i) and the period remaining until
the commencement of the following harvest is too short to allow the worker to
be employed for the full period to which he was entitled, the Court may order
the employer to pay remuneration to the worker for the number of days on
which he cannot be employed.

PART VI-TERMINATION OF AGREEMENTS
30           Termination of agreement
 (1)          Subject to any express provision of the agreement and to subsections (2) and (3),
every agreement shall terminate on the last day of the period agreed upon or on the completion
of the specified piece of work.

(2)           A party to an agreement, other than an agreement entered into for a specified
piece of work, shall, on the termination of the agreement, be deemed to have entered into a
fresh agreement upon the same terms and conditions as the previous agreement unless notice
has been given by either party to terminate the agreement in accordance with section 31.

(3)           Where a worker is ill-treated by his employer, he may claim that the agreement has
been terminated by the employer.

(4)           An agreement shall be broken–

(a)           by the worker, where he is absent from work, exclusive of any day on which
the employer is not bound to provide work, without good and sufficient
cause for more than 2 consecutive working days;

(b)           by the employer, where he fails to pay the worker the remuneration due under
the agreement.

31           Notice of termination of agreement
 (1)          A party to an agreement for a period of time may, except where he is prohibited by
an enactment from doing so, terminate the agreement on the expiry of notice given by him to the
other party of his intention to terminate the agreement.

(2)           Notice may be verbal or written and may, subject to subsection (3), be given at
any time.

(3)           Subject to any express provision of the agreement, the length of the notice to be
given under subsection (1) shall–

(a)           where the worker has, for not less than 3 years, been in continuous
employment with the same employer, be not less than 3 months;

(b)           in every other case–

(i)            where the worker is remunerated at intervals of not less than 14 days,
be not less than 14 days before the end of the month in which the
notice is given;

(ii)           where the worker is remunerated at intervals of less than 14 days, be at
least equal to the interval.

32           Unjustified termination of agreement
 (1)          No employer shall dismiss a worker–

(a)           by reason only of the worker’s filing in good faith of a complaint, or
participating in a proceeding, against an employer involving alleged violation
of a law;

(b)           for alleged misconduct unless–

(i)            he cannot in good faith take any other course; and

(ii)           the dismissal is effected within 7 days of–

(A)          where the misconduct is the subject of a hearing under
subsection (2), the completion of the hearing;

(B)           where the misconduct is the subject of criminal proceedings, the
day on which the employer becomes aware of the final judgment
of conviction; or

(C)           in every other case, the day on which the employer becomes
aware of the misconduct.

(2)           (a)           No employer shall dismiss a worker unless he has afforded the worker an
opportunity to answer any charges made against him and any dismissal made
in contravention of this paragraph shall be deemed to be an unjustified
dismissal.

(b)           The worker may, for the purposes of paragraph (a), have the assistance of a
representative of his trade union, if any, of an officer or of his legal
representative.

(3)           (a)           Subject to paragraph (c), a worker whose employment has been unjustifiably
terminated may refer the matter to an officer and shall be allowed the
assistance of a representative of his trade union, if any.

(b)           Where a reference under paragraph (a) does not result in the matter being
satisfactorily settled, the worker may lodge a complaint with the Court and
shall be allowed the assistance of a representative of his trade union, if any.

(c)           No worker shall, under paragraph (a), refer a matter to an officer unless he
does so within 7 days after he has been notified of his dismissal.

(4)           Where a matter is referred to an officer or to the Court under subsection (3), the
employer may not set up as a defence that the worker has abandoned his employment unless
he proves that the worker has, after having been given written notice–

(a)           by post with advice of delivery; or

(b)           by service at the residence of the worker,

requiring him to resume his employment, failed to do so within a time specified in the notice
which shall not be less than 24 hours from the receipt of the notice.

(5)           Subsection (4) shall not apply in relation to a worker who has notified the
termination of his employment in writing.

33           Worker under notice of termination
During the period when a worker is under notice of termination of agreement under
section 31 the employer shall, on satisfactory proof of the purpose of the request, allow the
worker who requests it reasonable time off, without loss of pay, to seek further employment.

34           Payment of severance allowance
 (1)          Subject to section 35, an employer shall pay severance allowance to a worker who
has been in continuous employment with him for a period of 12 months or more where–

(a)           the employer terminates the employment of the worker;

(b)           the worker, on or after attaining the age of 60, retires voluntarily or at the
request of his employer; or

(c)           the worker, before attaining the age of 60, retires voluntarily in accordance
with the provisions of any Remuneration Order Regulations made by the
Minister under section 96 of the Industrial Relations Act.

[Note]

(2)           For the purposes of this section–

(a)           a worker who works for his employer on 4 or more days in any week shall be
deemed, in respect of that week, to have been in continuous employment;

(b)           no worker shall cease to be in the continuous employment of any employer
by reason of his participation in a strike which is not unlawful under the
Industrial Relations Act;

(c)           where a worker ceases to be in the employment of one employer and enters
the employment of another under section 35(3), the employment of the worker
by the first and second employer shall be deemed to be continuous.

35           Exclusion of severance allowance
 (1)          No worker shall be paid severance allowance where he is dismissed under section
32(1)(b).

(2)           Where–

(a)           an employer dies and his worker is employed or offered employment by the
personal representative or heir of the deceased employer forthwith after the
death;

(b)           a worker’s employment by a partnership ceases on the dissolution of the
partnership, and he is employed or offered employment by a member of the
dissolved partnership or a new partnership forthwith after the dissolution;

(c)           a worker’s employment by a body corporate ceases on the dissolution of that
body and he is employed or offered employment by some other corporate
body in accordance with an enactment or a scheme of reconstruction
forthwith after the dissolution; or

(d)           a worker’s employment ceases on the disposal by his employer of the
goodwill, or of the whole or a substantial part of the business, or of that part
of the business in which he is employed and he is employed or offered
employment by the person who acquires the goodwill or business or part of
the business forthwith after the disposal,

on terms and conditions which are not less favourable than those of the former agreement, the
worker shall not be entitled to severance allowance.

(3)           Where a worker to whom an offer is made in any of the circumstances specified in
subsection (2) accepts the offer, he shall be deemed to enter the employment of the person by
whom the offer is made forthwith upon the cessation of his employment with the first employer.

(4)           Where a worker is deemed to be in continuous employment in accordance with
section 34(3)(c) and that continuous employment is terminated in circumstances in which
severance allowance is payable, the employer in whose service the worker was employed
immediately before the termination shall be deemed to be the employer during the whole of the
period and shall be liable to pay severance allowance accordingly.

(5)           An employer who is liable to pay severance allowance under subsection (4) shall–

(a)           be entitled to deduct any period and to make any deduction which any
previous employer would have been entitled to deduct or to make had the
previous employer become liable to pay severance allowance; and

(b)           be exempt from any liability to pay the allowance in respect of any period for
which any previous employer was exempt.

36           Amount of severance allowance
 (1)          Subject to the other provisions of this section and to this Part, the amount of
severance allowance payable to a worker shall be calculated in accordance with subsection (2),
(3) or (4) as appropriate.

(2)           Subject to subsections (5) and (7), where contributions are payable in respect of a
worker under the National Pensions Act, the amount of severance allowance payable to the
worker, in relation to the period during which the contributions have been paid shall be–

(a)           for every period of 12 months–

(i)            a quarter of a month’s remuneration, other than exempt remuneration,
where the worker is remunerated at intervals of not less than one month;

(ii)           8 days’ remuneration, other than exempt remuneration, where the
worker is remunerated at any other interval;

(b)           for every period less than 12 months, a sum equal to one twelfth of the
appropriate sum calculated under paragraph (a) multiplied by the number of
months during which the worker has been in the continuous employment of
the employer.

(3)           Subject to subsections (5) and (7), where no contributions are paid or required to
be paid in respect of a worker under the National Pensions Act, the amount of severance
allowance payable to the worker shall be–

(a)           for every period of 12 months–

(i)            half a month’s remuneration, where the worker is remunerated at
intervals of not less than one month;

(ii)           15 days’ remuneration where the worker is remunerated at any other
interval;

(b)           for every period less than 12 months, a sum equal to one twelfth of the
appropriate sum, calculated under paragraph (a) multiplied by the number of
months during which the worker has been in continuous employment.

(4)           Subject to subsections (5) and (7), where any exempt remuneration is payable to a
worker, the amount of severance allowance payable to the worker for the period during which
contributions under the National Pensions Act in respect of the worker have been paid by the
employer shall be–

(a)           for every period of 12 months–

(i)            half a month’s exempt remuneration where the worker is remunerated
at intervals of not less than one month;

(ii)           15 days’ exempt remuneration where the worker is remunerated at any
other interval;

(b)           for every period less than 12 months, a sum equal to one twelfth of the
appropriate sum calculated under paragraph (a) multiplied by the number of
months during which the worker has been in continuous employment.

(5)           (a)           Subject to section 37, where a worker on or after attaining the age of 60,
retires voluntarily or at the request of his employer, the severance allowance
payable in respect of the whole of the period during which he has been in the
continuous employment of the employer shall be the amount specified in
subsection (3).

[Note]

(b)           paragraph (a) shall apply to a worker specified in section 34(1)(c).

[Note]

(6)           Where a worker’s remuneration is fixed at a rate calculated on work done or
includes any sum paid by way of commission in return for services, his remuneration shall, for
the purposes of this section, be computed in the manner best calculated to give the rate at
which the worker was being remunerated over a period not exceeding 12 months prior to the
termination of his employment.

(7)           The Court shall, where it finds that the termination of the employment of a worker
employed in any undertaking, establishment, or service was unjustified, order that the worker be
paid a sum equal to 6 times the amount of severance allowance specified in subsection (3).

(8)           Any severance allowance payable under this Act shall be paid on the termination
of the agreement.

(9)           The Court may, where it thinks fit and whether or not a claim to that effect has
been made, order an employer to pay interest, at a rate not exceeding 12 per cent, from the date
of the termination of the agreement to the date of payment.

(10)         For the purposes of this section–

                (a)           the remuneration which shall be taken into account in calculating the
severance allowance shall be the remuneration payable to a worker at the time
of the termination of his employment;

                (b)           "exempt remuneration" means any part of a worker’s remuneration at the time
of the termination of his employment in respect of which no contribution is
required to be paid under the National Pensions Act.

[Note]

37           Deductions from severance allowance
 (1)          Any employer may deduct from any severance allowance payable–

(a)           in the case of a worker, who, on or after attaining the age of 60, retires
voluntarily or at the request of his employer or in the case of a worker
specified in section 34(1)(c) who retires voluntarily before attaining the age of
60 in accordance with the provisions of any Remuneration Order Regulations–

(i)            half the amount of any gratuity due at the age of 60 from any fund or
scheme;

(ii)           any gratuity granted at the age of 60 by the employer;

(iii)          5 times the amount of any annual pension granted at the age of 60
from any fund or scheme;

(iv)          10 times the amount of any annual pension granted at the age of 60 by
the employer,

provided that in the case of the worker who retires under section 34(1)(c), the gratuity
and pension specified in this subsection shall be deemed to be the gratuity and pension which
would have been payable had the worker retired at the age of 60 under the National Pensions Act
or any other fund or scheme;

[Note]

(b)           in any other case–

(i)            any gratuity granted by the employer;

(ii)           any contribution made to any fund or scheme by the employer.

(2)           Where a worker exercises an option to take a deferred or immediate pension in lieu
of the repayment of past contributions, the amount of the deduction under subsection (1)(a)
shall be calculated as though the worker has not exercised that option.

(3)           In this section, "fund or scheme" means any pension or provident fund or
scheme, other than the fund established under the National Pensions Act, set up by the
employer for the benefit of a worker.

[Note]

37A        Termination of appointment under the Constitution
 (1)          Subject to subsections (2) and (3), where an appointment is terminated under
section 92 or 113 of the Constitution, the holder of the office whose appointment is terminated
shall–

(a)           where he has served for a period of 3 years or more, be eligible to
compensation representing 3 months’ salary;

(b)           where he has served for a period of less than 3 years, be eligible to
compensation representing one month’s salary.

(2)           Notwithstanding anything to the contrary in any agreement, no gratuity or
severance allowance shall be payable to the holder of any office the appointment to which is
terminated under section 92 or 113 of the Constitution.

(3)           Where the holder of an office to which subsection (1) applies was, immediately
before his appointment to that office, the holder of a public office or in employment with a
statutory body–

(a)           he shall be entitled to resume his former office; or

(b)           where the former office is no longer vacant, he shall be deemed for the
purposes of any other enactment to have retired from that office on the
ground of abolition of that office.

[Note]

38           Termination of Contracts of Service Board
 (1)          The Termination of Contracts of Service Board is established for the purposes of
this Act.

(2)           The Board shall be appointed annually by the Minister and shall consist of–

(a)           a person, who holds or has held judicial office or who is qualified to hold
office as a Judge, who shall be the Chairman;

(b)           the Principal Labour Officer or a Senior Labour Officer;

(c)           a representative of employers;

(d)           a representative of workers.

(3)           The appointment of every member of the Board shall be published in the Gazette.

(4)           The Chairman and 2 other members shall constitute a quorum.

(5)           All acts, matters or things authorised or required to be done by the Board shall be
decided by a simple majority of the votes of the members present and voting at that meeting.

(6)           At any meeting of the Board each member shall have one vote on the matter in
question and in the event of an equality of votes the Chairman shall have a casting vote.

(7)           The Board may–

(a)           make such orders for requiring the attendance of any person and the
production of any document as it thinks fit; and

(b)           take evidence on oath, and for that purpose administer oaths.

(8)           Any person whose attendance is required under subsection (7) who–

(a)           fails to attend at the time and place specified in the order;

(b)           refuses to answer faithfully any question put to him by the Board;

(c)           gives any false or misleading information;

(d)           refuses to produce a document required by the Board,

shall commit an offence.

(9)           Subject to subsections (4), (5) and (6), the Board shall regulate its proceedings in
such manner as it thinks fit.

39           Reduction of work force
 (1)          In this section, "employer" means an employer of not less than 10 workers.

[Note]

(2)           Any employer who intends to reduce the number of workers in his employment
either temporarily or permanently shall give written notice to the Minister, together with a
statement of the reasons for the reduction.

(3)           On receipt of a notice under subsection (2), the Minister shall refer the matter to
the Board for consideration.

(4)           Notwithstanding any other provision of this section, no employer shall reduce the
number of workers in his employment either temporarily or permanently–

(a)           before the lapse of 120 days from the date of the notice under subsection (2);
or

(b)           pending the decision of the Board, whichever is the later.

[Note]

(5)           Where an employer–

(a)           reduces the number of workers in his employment either temporarily or
permanently without giving to the Minister the notice required under
subsection (2);

(b)           acts in breach of subsection (4),

he shall, unless good cause is shown, pay to the worker whose employment is terminated a sum
equal to 120 days’ remuneration together with a sum equal to six times the amount of severance
allowance specified in section 36(3).

[Note]

(6)           Where the Board finds that the employer’s reduction of the number of workers in
his employment–

(a)           is justified, the employer shall pay the workers whose employment is
terminated severance allowance;

(b)           is not justified, the employer shall pay the workers whose employment is
terminated an amount equal to 6 times the amount of severance allowance
specified in section 36(3), or reinstate the worker in his former employment.
[Note]

 [Note]

PART VII-JOB CONTRACTORS
40           Issue of permit
 (1)          No person shall work as a job contractor unless he holds a permit issued by the
Permanent Secretary.

(2)           Any person who wishes to work as a job contractor shall apply to the Permanent
Secretary for a permit.

(3)           On receipt of an application under subsection (2), the Permanent Secretary may,
after making such inquiry as he thinks fit–

(a)           refuse to grant a permit and specify the ground of his refusal;

(b)           grant the permit subject to such conditions as he thinks fit.

(4)           Any condition imposed under subsection (3) shall be endorsed on the permit.

41           Joint liability of employer and job contractor
 (1)          Subject to subsection (2), a job contractor and his principal shall be jointly and
severally liable for the payment of the remuneration of any worker employed by the job
contractor.

(2)           The liability of the principal of a job contractor under subsections (1) and (4) shall
be limited to the sum payable by him to the job contractor under the arrangement between them,
or to the sum payable in respect of the time during which the workers employed by the job
contractor have worked, whichever is less.

(3)           No person who is jointly liable with a job contractor under subsection (1) may set
up as a defence to a claim from a worker seeking to recover remuneration the fact that he has
already paid to the job contractor any sum due under the arrangement with the job contractor.

(4)           Subject to subsection (2) and Part VI, where–

(a)           a job contractor is employed by a person; and

(b)           a worker is employed by the job contractor in relation to his agreement with
his principal, the principal shall be jointly and severally liable with the job
contractor for the payment of severance allowance to the worker.

42           Remuneration to be a privileged debt
 (1)          Subject to subsection (2), every worker employed by a job contractor shall, for
securing payment of his remuneration, have the same privileges, in respect of the property of
the principal, as he would have had if he had been directly employed by the principal without
the intervention of the job contractor.

(2)           Any amount recoverable under subsection (1) shall not exceed the amount
payable by the principal to the job contractor under section 41(2).

PART VIII—PART-TIME WORK
[Note]

43           Interpretation of Part VIII
In this part—

"comparable full-time worker" means a full-time worker who—

(a)           has the same type of employment relationship;

(b)           is engaged in the same or a similar type of work or occupation; and

(c)           is employed in the same establishment, in the same enterprise or, in the same
branch of activity,

as the part-time worker concerned;

"part-time worker" means a worker whose normal hours of work are—

(a)           not less than one nor more than 5 hours daily; or

(b)           not less than 6 nor more than 24 hours weekly.

44           Payment of remuneration
 (1)          Every employer shall pay to a part-time worker not less than the basic
remuneration prescribed in any enactment for his category calculated proportionately on an
hourly basis and increased by not less than 5 per cent.

(2)           Where no basic remuneration is prescribed in an enactment, every employer shall
pay to a part-time worker not less than the basic wage of a comparable full-time worker calculated
proportionately on an hourly basis and increased by not less than 5 per cent.

45           Work on Sundays and public holidays
Where a part-time worker works on a Sunday or any other public holiday, the employer
shall remunerate the worker in respect of any work done in accordance with section 16(2).

46           Annual leave
 (1)          Where a part-time worker is required to work not less than 6 days in a week and
has been in continuous employment with the same employer for 12 consecutive months, he
shall be entitled to—

(a)           that number of days’ leave as is provided for under sections 21 and 21A; or

(b)           that number of days of annual leave as is prescribed in any enactment.

(2)           Where a part-time worker is required to work less than 6 days in a week and has
been in continuous employment with the same employer for 12 consecutive months, he shall be
entitled to—

(a)           that number of days of annual leave as is prescribed in any enactment; or

(b)           in the absence of any such enactment, that number of days of annual leave as
computed in accordance with the following formula—

                N/W x number of days of leave granted under subsection (1) or (2)(a) where
"N" means the number of days he is required to work in a week, and "W"
means the number of working days in a week of a comparable full-time worker.

(3)           The leave granted under subsections (1) and (2) shall be with pay and taken—

(a)           at such time as the employer and the worker may agree, or

(b)           where the employer and the part-time worker are unable to agree as to when
the leave is to be taken, half as fixed by the employer and the other half as
fixed by the worker.

47           Sick leave
 (1)          Subject to subsections (3) and (4), where a part-time worker is required to work
not less than 6 days in a week and has been in continuous employment with the same employer
for 12 consecutive months, he shall, on grounds of illness, be entitled to—

(a)           that number of days’ leave as is provided for under section 20; or

(b)           that number of days of sick leave as is prescribed in any enactment.

(2)           Where a part-time worker is required to work less than 6 days in a week and has
been in continuous employment with the same employer for 12 consecutive months, he shall be
entitled to—

(a)           that number of days of sick leave as is prescribed in any enactment; or

(b)           in the absence of any such enactment, that number of days of sick leave as
computed in accordance with the following formula—

                N/W x number of days of leave granted under subsection (1) or (2)(a) where
"N" means the number of days he is required to work in a week, and "W"
means the number of working days in a week of a comparable full-time worker.

(3)           The leave granted under subsections (1) and (2) shall be with pay.

(4)           Where a part-time worker absents himself on grounds of illness, he shall, except
where the employer is aware of the nature of the illness, as soon as possible, notify his
employer of his illness.

(5)           Where a part-time worker referred to in subsection (4) remains ill for more than 4
days he shall, in addition, forward to his employer a medical certificate—

(i)            where he was admitted to a hospital or similar institution, within 5 days
following his discharge;

(ii)           in every other case, on the day following the fourth day of absence.

(6)           Notwithstanding subsections (4) and (5), no employer shall dismiss a part-time
worker where the part-time worker fails to notify, or to produce a medical certificate to the
employer, within the time required under this section, if the worker shows good and sufficient
reason for such failure.

(7)           A medical certificate issued for the purpose of showing good and sufficient cause
for absence from work shall not be valid in respect of any period in excess of 4 days before the
day on which the part-time worker to whom the certificate relates had been examined by the
medical practitioner issuing the certificate.

(8)           The employer may, at his own expense, cause a part-time worker who is absent on
grounds of illness to be examined by a medical practitioner.

47A        Maternity leave
 (1)          Where a female part-time worker has remained in continuous employment with the
same employer for 12 months immediately preceding her confinement, she may absent herself
from work—

(a)           during pregnancy, where she produces a medical certificate to the effect that
the confinement is likely to take place within the next 6 weeks;

(b)           for a period of 6 weeks following her confinement.

(2)           The leave under subsection (1) shall be with pay calculated proportionately, on an
hourly basis, for the number of hours of work performed by the part-time worker.

47B        Protective equipment and travelling benefits
A part-time worker shall be provided with the same protective equipment and granted
the same travelling benefits to which a comparable full-time worker is entitled under any
enactment.

47C        Termination of agreement
Sections 30, 31, and 32 shall apply to any agreement between an employer and a part-
time worker.

47D        Payment of severance allowance
Section 34 shall apply to any agreement between an employer and a part-time worker
notwithstanding the provisions of section 34(2) (a).

47E         Amount of severance allowance
 (1)          Subject to subsection (2) of this section, section 36 shall apply to every
agreement between an employer and a part-time worker.

(2)           Where a part-time worker is required to work less than 6 days in a week, the
severance allowance payable shall be in accordance with the following formula—

                N/6 x the amount of severance allowance payable under section 36, where "N"
means the number of days he is required to work.

47F         Consideration for full-time employment
Where a vacancy occurs in the full-time workforce of an employer, priority of
consideration for employment shall be given, as far as possible, to a part-time worker.

47G        Transfer to part-time work
A worker may enter into an agreement with an employer to perform part-time work
subject to—

(a)           the agreement being in writing,

(b)           the agreement being for a specified period of time,

(c)           the agreement providing for the option to the worker to revert to full time
work at the expiry of the specified period of part-time work.

PART IX-RECORDS AND PROCEEDINGS
48           Register of employers
 (1)          Every employer who has 15 or more workers in his employment shall apply to the
Permanent Secretary for registration under this Act.

(2)           Every application shall state the number of workers employed and the type of
work they do.

(3)           The Permanent Secretary shall keep a register of employers.


49           Keeping of documents
 (1)          Every employer referred to in section 48 shall keep a register of workers, a
remuneration book, and inspection report book and such other documents as may be
prescribed and retain those documents for a period of 3 years.

(2)           Every employer shall–

(a)           enter in the register of workers the name and age of every worker, and the
nature and conditions of the work he performs;

(b)           enter in the remuneration book the days on which a worker has worked and
the remuneration paid to him;

(c)           on payment of remuneration to a worker–

(i)            cause the worker to affix his signature or thumbprint in the
remuneration book; and

(ii)           issue to the worker a payslip which shall be in such form as may be
prescribed.

(3)           Every employer shall, on request–

(a)           produce to an officer any document kept by him under subsection (1);

(b)           initial any entry made in the inspection report book by the officer;

(c)           submit to the Permanent Secretary such particulars as may be required.

50           Termination of employment certificate
 (1)          Every employer shall, at the request of a worker who has terminated a period of
employment of more than one month, give to the worker a certificate in the form specified in the
Third Schedule.

(2)           No employer shall insert in the certificate issued under subsection (1) any
particulars other than those specified in the Third Schedule.

51           Power to make enquiries
 (1)          The Permanent Secretary shall have the right to–

(a)           enter without previous notice, at any hour of the day or night, any place of
work, other than premises used solely for residential purposes except with the
permission of the occupier thereof;

(b)           enter by day and without previous notice any premises which he has
reasonable cause to believe to be a place of work other than premises used
solely for residential purposes except with the permission of the occupier
thereof;

(c)           carry out any examination or enquiry which he may consider necessary in
order to satisfy himself that the provisions of this Act and of any other
enactments listed in the Fourth Schedule are being strictly observed;

(d)           interview alone or in the presence of any other person as he thinks fit and at
such a place deemed appropriate by him for that purpose, the employer or his
representative, any worker or person employed therein with respect to the
provisions of this Act and any of the enactments listed in the Fourth
Schedule; and any such employer or representative, worker or person
employed so interviewed shall answer such questions truly to the best of his
ability provided that no such person shall be required to give any information
tending to incriminate himself;

(e)           require the production of any books, registers or other documents, whether
prescribed by law or kept by the employer, relating to conditions of
employment in order to ascertain whether the provisions of this Act or any of
the enactments listed in the Fourth Schedule are being complied with, and
copy such documents or make extracts therefrom;

(f)            enforce the posting of notices as may be required by the provisions of this
Act and of any of the enactments listed in the Fourth Schedule;

(g)           require an employer to submit in writing any information relating to
remuneration and conditions of employment of a worker, as well as the
worker’s name, address, age, date of entry and category;

(h)           require an employer or his representative to furnish the facilities and
assistance required for an entry, inspection, examination or enquiry in the
exercise of any of the powers under this Act or any of the enactments listed
in the Fourth Schedule.

(2)           On the occasion of an inspection visit, the Permanent Secretary shall notify the
employer or his representative of his presence, unless neither of them is present or easily
accessible at that time.

(3)           The Permanent Secretary may take with him a Police Officer if he has reasonable
cause to apprehend any serious obstruction in the execution of his duties.

(4)Any person who wilfully impedes or delays the Permanent Secretary in the exercise
of any power under this Act or any other enactment listed in the Fourth Schedule, or fails to
comply with the request of the Permanent Secretary in pursuance of paragraphs (e), (f), (g) and
(h) of subsection (1) or to produce any books, registers or other documents which he is required
by or in pursuance of this Act or any other enactment listed in the Fourth Schedule, to produce,
or conceals, or prevents, or attempts to conceal or prevent, a person from appearing before or
being examined by the Permanent Secretary, shall be deemed to obstruct the Permanent
Secretary in the execution of his duties under this Act or any other enactment listed in the
Fourth Schedule.

[Note]

52           Power to summon
 (1)          Where the Permanent Secretary–

(a)           has reason to believe that an offence arising out of an agreement has been
committed by an employer; or

(b)           wishes to inquire into a matter concerning a dispute or any other matter
relating to employers and workers,

he may, by written notice, summon any person who he believes can give information relating to
the subject-matter of the offence or inquiry to attend and produce any document which the
Permanent Secretary may require.

(2)           Any person summoned under subsection (1) who–

(a)           fails to attend at the time and place specified in the notice;

(b)           refuses to answer faithfully any question put to him by the Permanent
Secretary;

(c)           gives any false or misleading information;

(d)           refuses to produce a document required by the Permanent Secretary, shall
commit an offence.

53           Complaint to the Permanent Secretary
 (1)          A worker may make a complaint to the Permanent Secretary against his employer
or any agent of the employer in respect of any matter arising out of his employment.

(2)           An employer or any agent of an employer who prevents a worker from making a
complaint to the Permanent Secretary under subsection (1) shall commit an offence.

PART X-LABOUR ADVISORY BOARD
54           Labour Advisory Board
 (1)          There shall be established, for the purposes of this Act, a Labour Advisory
Board.

(2)           The Board shall consist of an equal number of public officers, representatives of
employers and representatives of workers.

(3)           The members of the Board shall be appointed by the Minister for such period and
on such terms and conditions as he may determine.

(4)           The appointment of every member of the Board shall be published in the Gazette.

(5)           The Board shall consider, and advise the Minister upon, any matter affecting
employment and labour referred to it by the Minister, and shall exercise and perform such other
powers and duties in such manner and subject to such conditions as the Minister may, by
regulations, direct.

(6)           Subject to subsection (5), the Board shall regulate its proceedings in such manner
as it thinks fit.


PART XI-MISCELLANEOUS
55           Offences
 (1)          Any person who–

(a)           by word, gesture or act hinders or molests a worker in the performance
of his work;

(b)           prevents a worker from appearing before the Permanent Secretary, an
officer, the Termination of Contracts of Service Board or the Labour
Advisory Board;

(c)           fails or neglects to pay remuneration;

(d)           fails of neglects to pay remuneration within the prescribed time;

(e)           makes, or knowingly allows to be made, any entry in a record required
to be kept by an employer which he knows to be false or misleading in
a material particular;

(f)            fails to credit a worker with the full amount of work done;

(g)           for the purposes of this Act, produces, furnishes or knowingly allows
to be produced or furnished any remuneration sheet, record, list or
information which he knows to be false or misleading in a material
particular;

(h)           is liable to provide work or to pay remuneration in lieu of work and
who fails to provide the work or pay the remuneration;

(i)            obstructs the Permanent Secretary in the exercise of his powers or
duties under this Act or any other enactment listed in the Fourth
Schedule;

[Note]

(j)            contravenes–

(i)            any other provision of this Act or of any subsidiary enactment made
under this Act;

(ii)           an order made by the Court or the Termination of Contracts of Service
Board;

(iii)          any order or direction given under this Act;

(iv)          an order referred to in section 110(5) of the Industrial Relations Act;

(v)           the conditions of any permit or certificate granted under this Act;

(vi)          the conditions of any authority issued, or approval given under this
Act,

shall commit an offence.

(2)           Any person who commits an offence shall, on conviction, be liable to a fine not
exceeding 2,000 rupees and to imprisonment for a term not exceeding one year.

(3)           The Court may on the conviction of any person under this Act, where it thinks
appropriate, make an order directing that person to comply with this Act within such time as
may be fixed in the order.

56           Amendment of Schedules
The Minister may, by regulations, amend the Schedules.

57           Regulations
 (1)          The Minister may make such regulations as he thinks fit for the purposes of this
Act.

(2)           Any regulations made under subsection (1) may provide for–

(a)           the issue of permits;

(b)           the taking of fees.

[Note]

58          
[Note]

[Note]



FIRST SCHEDULE
 (section 2)
Central Electricity Board

Central Housing Authority

Central Water Authority

Development Works Corporation

Sugar Industry Labour Welfare Committee

Sugar Planters’ Development Fund Committee

Tea Development Authority

SECOND SCHEDULE
 (section 13)
Central Housing Authority

Export Processing Zone Labour Welfare Fund

Mauritius Housing Corporation

National Solidarity Fund

[Note]

Sugar Industry Labour Welfare Fund

[GN76/87; GN203/89]

THIRD SCHEDULE
 (section 50)

CERTIFICATE OF SERVICE
This is to certify that…..………………………..............................................…... (1) of
.....................................................................(2) was employed as….............……........................
...........................……………………….......(3) with….......…………………….....….... (4) from
…....................………………………………………………………....…………………….........................
.....................................................................(5) to…..........................……………... (6)


Date…........................................            .........................................................

                Signature of employer

(1)           Name of worker in block letters

(2)           Address of worker

(3)           Position held by worker

(4)           Name of employer

(5)           Date of commencement of agreement

(6)           Date of termination of agreement

FOURTH SCHEDULE
 (section 51)
Additional Remuneration Acts

End of the Year Gratuity Acts

Industrial Expansion Act 1993—section 20

[Note]

Industrial Relations Act

Passenger Transport Industry (Buses) Retiring Benefits Act

Sugar Industry Retiring Benefits Act

Workmen’s Compensation Act

[Note]

***