Know Your Rights under the Termination and Severance Pay Act- Part 2

Last week’s column dealt with Part 1 of the Termination of Employment and Severance Pay Act (1997). The law is a worker’s most potent weapon. The Guyana Trades Union Congress (GTUC) steadfastly holds the view that knowledge is power- the power that comes from not allowing yourself to be abused or denied because you know your rights and can stand up, with conviction, to advocate for and defend these rights.

This week’s presentation makes known Part II of the Act. Part I was published last week. The intent of reproducing the Act here is to bring to the workers’ awareness their rights, and if confronted by their employer on matters relating to termination, they will be armed with the appropriate information to protect their rights. GTUC invites you to cut out these presentations and/or save them on your computer or telephone. Refer below to Part II of the Act:-

PART II

CONTINUITY OF EMPLOYMENT

Continuity of employment.

4. (1) Continuous employment shall begin from and include the first day on which an employee begins to work for an employer and shall continue up to and including the date of termination of employment of such employee.
5. (2) An employee’s continuous employment shall not be treated as interrupted if the employee is absent from work –

(a) due to taking annual leave, maternity leave or sick leave or any other leave In accordance with any law or contract or agreement or disability:

(b) due to such employee’s suspension with or without payment in accordance with the provision of any law, contract or agreement;

(c) due to such employees termination of employment prior to being reinstated or re-engaged in his previous employment in accordance with this Act, or any other law or under any contract or agreement;

(d) due to having been temporarily laid off by the employer for a period not exceeding six weeks;

(e) due to a lockout;

(I) in accordance with the contract of employment or agreement of the employer of such employees.

4. (3) Any period of time elapsing in the circumstances referred to in subsection (2), shall count for the purpose of calculating the continuous period of employment.
5. (4) Any period during which an employee is absent from work because of his participation in industrial action in conformity with the provisions of any law or collective labour agreement, shall not interrupt the continuity of employment but such period shall not count for the purpose of calculating length of continuous employment.

Successor employer.

5. Subject to the provisions of this Act, where a business or part of it is sold, leased, transferred or otherwise disposed of, the period of employment of an employee with a previous employer shall be deemed to constitute a single period of continuous employment with the successor employer provided, provided that the successor employer has agreed therefor.

Records to be kept.

6. It shall be the duty of every employer to keep such records as are necessary to show that the provisions of this Act are being complied with in respect of persons in his employment and if he fails to do so, he shall be liable on summary conviction in respect of each offence to a fine of fifteen thousand, six hundred and twenty-five dollars.

Republished.