Wages
All employers are required by law to pay at least the
statutory minimum wage to their employees. However parties may negotiate
improvements.
Every employer to whom a wage order applies shall display a
copy of the order in each work place where the order applies.
Dismissal
An employee shall not be dismissed, whether adequate notice
is given or not, unless there is a valid reason for the termination of
employment.
An employee shall at the time of dismissal be entitled to
have an opportunity to defend himself/herself against the allegations made,
unless in light of circumstances, and reason for dismissal, the employer cannot
reasonably be expected to provide this opportunity.
Severance Pay
An employee who has completed more than one year of
continuous service with the same employer shall be entitled to receive, upon
termination of his/her services, a severance payment equivalent to two weeks’
wages for each completed year of continuous service with the same employer.
An employee who has been fairly dismissed for misconduct
shall not be entitled to a severance payment.
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Working Hours
a) The
normal working hours for any employee shall not be more than 45 hours per week.
b) No
employee shall be required to work continuously for more than five hours without
a rest period of not less than one hour.
c) Where
the continuous nature of work so requires, an employer may request or permit an
employee to work overtime in addition to the normal working hours for up to 11
additional hours in any one week. Payment of overtime shall not be less than
one and one quarter times an employee’s wage rate weekly and doubled if an
employee works on a day of rest.
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Holidays
·
Weekly Rest
An employer shall allow a weekly rest period of 24
continuous hours which shall whenever practicable include Sunday as the day of
rest.
·
Paid Holiday
An employee shall be entitled to a minimum of 12
working days holiday on full pay and shall take at least six working days
holiday in a continuous period during the calendar year in which the holiday
falls.
·
Public Holiday
There are 12 annual public holidays and employees shall
be given a day off with full pay on all public holidays. If an employee works
on a public holiday, he or she shall be entitled to be paid double the normal
wage rate for an ordinary working day; or by agreement with his/her employer be
paid the normal wage rate in addition be entitled to take an ordinary working
day off with pay, in lieu of the public holiday.
·
Sick Leave
During continuous employment with the same employer an
employee is entitled to sick leave as follows:
a) In
the first six months of employment absence due to illness may be unpaid
b) After
six months a maximum of 12 days sick leave on full pay.
c) After
12 months sick leave on full pay for up to 12 days and thereafter sick leave on
half pay for up to 24 days. Entitlement of sick leave may not be carried
forward from year to year.
Sick leave may not be granted unless an employee
produces a certificate signed by a registered medical practitioner or if the
incapacity for work has been deliberately self inflicted.
·
Maternity Leave
a) An
employer shall grant six weeks statutory maternity leave to a female employee
calculated from the day of confinement and certified by a registered medical
officer.
b) An
employer may not be liable to pay wages during this period unless he/she wishes
to do so or the terms of the contract so require.
c) Dismissal
of an employee during statutory maternity leave shall automatically be an unfair
dismissal and an employer who contravenes this rule shall be guilty of an
offence and liable to a fine.
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Transport
An employer shall be obliged to provide transport to
every employee whose work is such as to require him/her to come to work or
return home during the hours of 8.00 pm. to 5.00 am. The employee shall be
delivered to the nearest practicable place to his/her home within a 10km radius
of the employee’s place of employment.
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