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Prohibition against Termination

An employer shall not terminate the services of an employee on any of the following grounds:

1. Trade union membership or participation in trade union activities outside working hours or, with the consent of the employer, within working hours.

2. Seeking office as, or acting as the capacity of, an employee representative.

3. Making a complaint or participating in proceedings against an employer involving an alleged violation of laws and regulation.

4. Race, colour, sex, marital status, pregnancy, religion, political opinion, nationality or social origin.

5. Reasonable absence from work due to family emergencies or responsibilities.

6. Absence from work during maternity leave as certified by a medical practitioner.

7. Absence from work due to injury or illness provided that the employee submits a medical certificate to his employer by the third day of absence.

8. Absence from work in the performance of jury service as required by law.

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Guidelines For Employer/Employers for COVID-19
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GOVERNMENT OF ST. VINCENT AND THE GRENADINES GUIDELINES FOR EMPLOYERS AND WORKERS TO MITIGATE THE CORONAVIRUS PANDEMIC

In light of the Coronavirus pandemic and the challenges that it is presenting to the business community and workers alike, the Department of Labour wishes to publish guidelines to assist you in managing the situation.

 

 

Labour and Employment Guidance for Employers and Employees for COVID-19

LAY OFF

Section 27 (1) of the Protection of Employment Act 2003 makes provisions for a lay off period. Lay off is a temporary measure to be used in cases where there is a temporary closure or reduction in operations. However, please note the following:

a. Notice or payment in lieu of notice is not required for a lay off period. However, employees must be informed if they are going to be laid off. It would be reasonable to inform the employee at least one week in advance.

b. The lay off period was extended up to September 30, 2020 for all workers. If the lay off period prolongs beyond September 30, 2020, an employee can claim to be terminated and seek severance payment for years’ of service.

c. After the lay off period, the Act requires that an employer provide work to an employee of substantially similar terms to the previous employment for a period of 13 weeks. If such offer is not made within a week following the lay off period, then the employee can claim for severance payment.