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1. Oral/Written Contract?
It is preferable to have a written contract, as written contracts reduce to writing what parties have agreed to.
2. Duration of Contract?
Contracts can be short term (6 mths, 1 yr.); fixed term (3 years); temporary; or permanent. There are two types of contracts; these are contract for service and contract of service.
breaks/ overtime; Arrangement for annual leave and holiday pay, including means whereby both can be calculated precisely; Terms and conditions relation to sickness, injury and sick pay; Length of notice due to and from employees; Disciplinary rules and procedure; Arrangements for handling employee grievance; (Where applicable) Conditions of employment relating to trade union membership; Termination of contract (resignation, dismissal, retrenchment.)
Thereafter - three time hourly rate ii. For overtime worked beyond ten hours on a working day of a four day week First four hours - one and one half times hourly rate Second four hours - two times hourly rate Thereafter - three time hourly rate iii. For time worked on off day. First eight hours - two times hourly rate Thereafter - three times hourly rate iv. For overtime on a Sunday where Sunday is a normal day Same as (i) v. For time worked on a Sunday where Sunday is not a normal day and on a Public Holiday. First eight hours - two times hourly rate Thereafter - three time hourly rate vi For time worked beyond the forty-hour work week First four hours - one and one half time hourly rate Second four hours - two times hourly rate Thereafter - three times hourly rate
small companies, it is recognised that this may not be possible and due allowance will be made for this. In such situations, however, very evident fairness will be required.
ABSENTEEISM:
In Trinidad and Tobago a worker can tell you when he is going to get sick. He can take two days sick leave home without having to provide a medical certificate. He knows the principle so well that he comes to work on the third day, if not ensures that he has a medical certificate to support his illness. If he fails to do this he can be deemed by his employer to have abandoned his job. Please note however: If a worker has taken ten percent (10%) or more of his total working days by absenting himself with or without a medical certificate he run the risk of committing persistent absenteeism and that is a dismissable offence.
ABANDONMENT:
It is within the right of the employer to cross the name of the worker off his payroll if the worker fails to turn up to work after three days and there is no communication or reason for his absence. The employee by his actions has repudiated the contract of employment. This must be done after reasonable attempts have been made to contact the person at their last known address. Approximately one month would be reasonable enough. DUTY OF THE WORKER: TRADE DISPUTE 142 OF 1997 SEE TD 142 OF 1993: All workers are obligated to inform their employers as soon as possible for any reason if absent from work. Where because of illness, workers are unable to present themselves for work; they are under a similar duty to inform their employers of such illness as early as possible. The first two hours of the beginning of the workday would be reasonable. The mere possession of a medical certificate does not entitle a worker to be absent from work; there is an additional duty to inform the employer of the worker's inability to present himself for work because of illness. These are accepted principles of good industrial relations practice but they are by no means inflexible rules. MEDICAL CERTIFICATES: Fundamental principles governing Medical Certificates have been laid down. A medical certificate should be carefully written to satisfy employers who require justification to pay workers who are absent as a result of illness. A medical certificate should contain the date of issue and a statement verifying that medical attention was received from a medical practitioner on said day. A medical certificate should include the facts of the examination and the diagnosis, if it is such that these findings can be confirmed by another examination or otherwise.
Yes! The employer has the right to discipline the worker. An employer has to get the work done through the efforts of the workers; he could only do this by co-ordinating and controlling men, machine, money, materials and motivation. As such he has the right to lay down rules and regulations, to take care of the five (5) Ms, in order to have efficient group action concentrated on the production of his goods and services. REFUSING TO CARRY OUT A LAWFUL AND LEGITIMATE ORDER: T.D. No 67/97 Johnson Kelvin and T.I.W.U.: A worker can refuse to carry out a lawful and legitimate order only when such order threatens his life and limb or is contrary to the law of the land. See also E.S.D. No. 25/81 T&TEC and O.W.T.U.
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