Need for education on job rights act
The copy of the Employment Rights Act, 2012, which I purchased from the Government Printery has a commencement date of May 24, 2012.
I have been reliably informed that this date is an error and the act will come into force by proclamation in accordance with Section 52.
The act received the assent of the Governor General on May 18, 2012, and was gazetted on May 24, 2012.
One assumes that the Ministry of Labour will embark on some form of public education prior to the intended date of commencement.
Last week’s article and the others in this series are intended to assist with that process.
The first major right detailed in the Employment Rights Act is the right given to employees to receive written particulars of employment.
The written statement must contain:
1. the name of the employee and the name and address of the employer;
2. the date when the employment begins or began or as the case may be;
3. the date on which the employee’s period of continuous employment begins or began as the case may be (usually the same as the start date but work with another employer might be included);
4. the title of the job and the description of the work which the employee is employed to do;
5. the scale rate or method of calculating remuneration;
6. the pay intervals (for example, weekly);
7. the normal hours of work;
8. holiday entitlements;
9. sickness and incapacity details and entitlements;
10. pension scheme details;
11. the period of probation, if any;
12. notice entitlement (the length of notice which the employee is obliged to give and entitled to receive in respect of termination of his contract of employment;
13. if the job is not permanent, the period for which it is meant to last, including any fixed term;
14. the expected place of work and address of the employer; 15. any collective agreements affecting the employment; 16. a note specifying any grievance and disciplinary rules applicable to the employee.
These rights are set out in Section 13 and 14 of the Employment Rights Act, though not necessarily in the order or form set out above.
Where a change occurs to any of the provisions mentioned above, the employer must notify the employee of such changes at the earliest opportunity (and not later than 30 days after the change). Employees not covered by the new provisions gain the right to receive the new style statement when changes are introduced, but only as it relates to the changes.
• Cecil McCarthy is a Queen’s Counsel. Send your letters to Everyday Law, Nation House, Fontabelle, St Michael. Send your email to [email protected]