Know your rights under the Termination and Severance Pay Act- Part 1

Workers are being exploited by employers due to the fact that they are not aware of their rights under the law. The Guyana Trades Union Congress is also concerned that some trade unions are finding it more convenient to seek to secure termination benefits rather than addressing the violations by the employer and the transgression of the rights of the worker. Labour’s first business is to protect the job of the worker and in so doing the violations and transgression will first have to be addressed. The trade union at no time must be accused or caught in any act that violates its principles and the reasons for its existence.

For instance, in the case of the four workers who were recently terminated by the Guyana Forestry Commission, the first issue that should have been addressed was the violation and transgression that led to the termination. Whereas each worker’s case was different, the commonality was they were terminated in contravention of the Termination of Employment and Severance Pay Act (1997). This Act is important and must become the worker’s bible because it is only through knowledge the worker can support the union, hold their leadership and the employer to account, in ensuring their rights are protected.  Refer below to Part 1 of the Act: –

“PART I

2. In this Act-

(a) “continuous employment’ means, subject to sections 4 and 5, an employee’s period of uninterrupted employment with the same employer or the successor employer;

(b) “contract worker means a person who performs work for another person pursuant to a contract between the employer of the first mentioned person and that other person;

(c) “dependent contractor means a person, whether or not employed under a contract of employment, who performs work or service for another person for compensation or reward on such terms and conditions that the first mentioned person is, in relation to that other person. In a position of economic dependence on, and under an obligation to perform duties for that other person more as an employee than an independent contractor;

(d) “employee means a person who offers his service to an employer under a contract of employment or a dependent contractor and includes, where appropriate, a former employee:

(e) “employer” means any person or undertaking., corporation. company, public authority or body of persons who or which employs any person under a contract of employment or uses the services of a dependent contractor, commission agent or a contract worker; and includes the heirs, successors and assigns of any employer:

(f) “employment” means part time employment and employment on an hourly, daily, weekly, fortnightly or monthly basis;

(g) “employment agency” means any person who, whether for payment or not. assists persons to find employment or assists employers to find employees:

(h) “family responsibilities” means the responsibilities in respect of any dependent family member;

(i) “marital status” means the status or condition of being –

(i) single;

(ii) married;

(iii) married but living separately and apart from one’s, spouse;

(iv) divorced:

(v) widowed; or

(vi) the de facto spouse of another person;

(j) “principal” means –

(i) In relation to a commission agent a person for whom work is done by the commission agent:

(ii) in relation to a contract worker, a person for whom a contract worker performs work otherwise than under a contract of employment:

(k) probationary period” means the period of three months following the dale on which the employment of an employee by an employer commences, or such other period of time following that date as may be agreed upon between an employer and an employee;

(l) “redundancy” means the loss of employment as defined in section 12 of

this Act;

(m) “redundancy allowance’ means the amount of money that an employee whose employment has been terminated on account of redundancy is entitled to receive from his employer pursuant to this Act;

(n) ‘serious misconduct” means misconduct that is such that the employer cannot reasonably be expected to take any course other than to terminate the employment of the employee;

(o) “severance allowance” means the amount of money that an employee whose employment has been terminated on account of severance of employment, is entitled to receive under this Act:

(p) “severance of employment’ means termination of the contract of employment by an employee under section 7 (a). or (c) (ii), [7 of 1999]

(q) “summary dismissal” means termination of the contract of employment by

the employer without notice,

(r) “public authority” means any ministry, department or agency of the Government including any local democratic organ or local Government authority.

Higher standards permitted

3. (1) Nothing in this Act shall preclude higher standards of benefit to employees than those set out in this Act permitted being agreed upon through collective bargaining or other forms of negotiations or agreement or arbitration award.
4. (2) Where at the coming into operation of this Act, there exists any higher standard of benefit to employees which has been agreed upon through collective bargaining or forms of negotiations or agreement, other than those set out in this Act, the employer shall continue to pay or apply such higher standard of benefit as if it were provided for under this Act.
5. (3) Any provision in an agreement shall be void in so far as it excludes or in any way limits the operation of any provision of this Act to the detriment of the employee”

A republished series.

to be continued…