KNOW YOUR RIGHTS . . . KNOW YOUR LABOUR ACT!

[dropcap]L[/dropcap]eaving the less than fulfilling expectations of Sir Arthur Lewis Community College and having to jump into the sea of sharp-teethed unemployment is a struggle that almost every young Saint Lucian from the middle class and below has to endure. Most times if they’re not flown off to school on the wings of a crippling student loan, young people have to settle for jobs in which employers juice the strength, energy, vitality and vibrancy that accompanies youth. At least this is how many fellow young persons, who tell stories of intolerant bosses, power abusive managers and unapproachable business owners, describe it. On the flip side of the coin, some employers complain about a lack of workplace enthusiasm and efficiency on the part of some employees.

Employment is a symbiotic relationship. The employer compensates the employee for his/her labour. The labour code governs this relationship.

In many stories of difficult work situations, employees wonder if the conditions of their employment are compliant with the Labour Code of Saint Lucia. The only way to determine if you’re being treated fairly in the workplace, and in turn whether you would be within your rights to report the matter to the labour department, is by knowing the Labour Act.

For the purpose of this article, the STAR extracted some sections of the lengthy Labour Act, 2006 that addresses general issues often asked about in the workplace.

For starters, a Saint Lucian is to work a maximum of forty hours per week and no more than eight hours per day exclusive of a lunch hour as indicated by Section 29. Any agreement between the employer and employee outside of these regularities must be stated in a contract of employment, which should be provided to an employee within 14 days of employment.

And if an employer tries to deprive you of an hour’s break, refer to Section 31: “An employer shall not require an employee to work for more than 5 hours continuously without a meal interval of not less than one hour; or to perform any work during the meal interval without consent of that employee.”

Also, if an employee is asked to work for more than 40 hours per week, every extra hour must be “calculated at a rate of not less than time and one half the wages for each hour” according to Section 32. An employee should also not be asked to work for more than 6 consecutive days in a week.

If an employee falls sick, he/she is entitled to paid leave at the normal rate of wages; however, medical certification is required if leave is more than two days, as stated in Sections 90 and 91.

Any employer of a minimum of one employee, whether part-time or full-time, must register with the National Insurance Corporation (NIC). Payments to the NIC on behalf of an employee amount to 5 per cent of the employee’s gross earnings and the employer must contribute an equal amount. Benefits from the NIC can be received for up to 26 weeks of continuous illness.

Any NIC benefits including pension and maternity leave can only be granted if the employee is registered by the employer and contributions are made.

Finally, another commonly discussed employment concern is the issue of job termination. If the employer is unsatisfied with the level of an employee’s performance, the requirement is three written warnings with instructions for improvement before the employee can be fired after a month, according to Section 136. However, the employee is entitled to leave without notice if “the employer’s conduct has made it unreasonable” to continue working and is entitled to compensation. And if an employee is affected by an organisation closing down or otherwise, after two years of service he/she is entitled to redundancy.

Any discrepancies between working conditions and the Labour Act can be reported to the Department of Labour. The full Labour Act, 2006 can be accessed from libraries and on government websites.