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.