In these troubled times when consumers are losing their jobs without adequate notice it is useful to know that there is a piece of legislation that makes provision for some benefit. Printed below are a few sections from the Termination of Employment and Severance Pay Act 1997
PRELIMINARY
PART 1
This Act may be cited as the Termination of Employment and Severance Pay Act 1997. 3.(1) Nothing in this Act shall preclude higher standards of benefit to employees than those set out in this Act being agreed upon through collective bargaining or other forms of negotiations or agreement or arbitration award
(2) Where at the coming into operation of this Act, there exists any higher standard of benefit to employees which has been agreed upon through collective bargaining or forms of negotiations or agreement, other than those set out in this Act, the employer shall continue to pay or apply such higher standard of benefit as if it were provided for under this Act.
(3) Any provision in an agreement shall be void in so far as it excludes or in any way limits the operation of any provision of this Act to the detriment of the employee.
PART 11
CONTINUITY OF
EMPLOYMENT
4. (1) Continuous employment shall begin from and include the first day on which an employee beings to work for an employer and shall continue up to and including the date of termination of employment of such employee.
(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 employee’s 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;
(f) in accordance with the contract of employment or agreement of the employer of such employees.
(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.
(4) Any period during which an employee is absent from work because of his participation in industrial action in conformity with the provision 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.
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 previous employer shall be deemed to constitute a single period of continuous employment with the successor employer provided that the successor employer has agreed therefor.
