References
Employment (Termination and Redundancy) Act enacted in 9 December 1974, last amended in 1 January 2008.
Date:
21 Aug 1970;
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Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants
Concerning Termination and Redundancy Act, article 2 provides that it will be considered employer ("business"): (a) a trade or profession; and (b) any activity carried on by a body of persons, whether corporate or incorporate. As well, the same article provides that "employee" means an individual who has entered into or works (or, in the case of a contract which has been terminated, worked) under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be express or implied, oral or in writing, but does not include:
(a) any person employed by the Government; or
(b) any person employed in the service of the Council of the Kingston and St. Andrew Corporation or in the service of any Parish Council, and "employer" and any .reference to employment shall be construed accordingly;
FTC regulated: Yes
Section 2, subparagraph 1, and Section 3, subparagraph 5, of Employment (Termination and Redundancy) Act.
Valid reasons for FTC use: no limitation
Maximum number of successive FTCs: no limitation
Maximum cumulative duration of successive FTCs: no limitation
Maximum probationary (trial) period (in months):
no limitationSection 3, subparagraph 4 of Employment (Termination and Redundancy) Act mentions the possibility of probationary period superior to 90 days.
Excluded from protection against dismissal: No
According to Section 3, subparagraph 4, of Employment (Termination and Redundancy) Act provides that when the contract of employment specifies a probationary period, either party to the contract may, notwithstanding the provisions of subsections concerning prior notice, terminate the contract without notice during the probationary period or, where the probationary period is more than ninety days, during the first ninety days thereof.
Valid grounds (justified dismissal):
Prohibited grounds:
Workers enjoying special protection:
Definition of collective dismissal (number of employees concerned) There are no provisions concerning number of employees involved in collective dismissals nor definition of collective dismissal itself, likewise the legislation does not provide any specific procedure in case it occurs. The rules to be applied would be the same for individual dismissals.
Notification to the public administration No
Notification to trade union (workers' representatives) No
Notification to workers' representatives: No
Approval by trade union (workers' representatives) No
Approval by workers' representatives No
Priority rules for collective dismissals (social considerations, age, job tenure) No
Employer's obligation to consider alternatives to dismissal (transfers, retraining...) No
Priority rules for re-employment No