No.5
LABOUR AMENDMENT
(b)
(c)
4
in subsection (2) by the deletion of "between the ages of thirteen and
fifteen years" and the substitution of "below the age of eighteen years";
in subsection (3) by the deletion of "under the age of fifteen years but
not younger than thirteen years" and the substitution of "under the age
of eighteen years but not younger than sixteen years".
Amendment of section 12 of Cap. 28:01
Section 12 ("Duration, particulars and termination of employment contract") of
the principal Act is amended(a) by the insertion after subsection (3) of the following subsection"(3a) A contract of employment that specifies its duration or
date of termination, including a contract for casual work or seasonal
work or for the performance of some specific service, shall, despite
such specification, be deemed to be a contract of employment without
limitation oftime upon the expiry of such petiod of continuous service
as is(a)
fixed by the appropriate employment council; or
prescribed by the Minister, if there is no employment
council for the undertaking concerned, or where the
employment council fixes no such period;
and thereupon the employee concerned shall be afforded the same
benefits as are in this Act or any collective bargaining agreement
provided for those employees who engaged without limit of time.";
by the insertion after subsection (4) of the following subsections(b)
(b)
"( 4a) No employer shall terminate a contract of employment on
notice unless-(a)
the termination is in terms of an employment code or,
in the absence of an employment code, in terms of the
model code made under section 101(9); or
(b)
the employer and employee mutually agree in writing to
the termination of the contract or
(c)
the employee was engaged for a period of fixed duration
or for the performance of some specific service; or
(d)
pursuant to retrenchment, in accordance with section
12C.
(4b) Where an employee is given notice of termination of
contract in terms of subsection (4a) and such employee is employed
under the terms of a contract without limitation oftime, the provisions
of section l2C shall apply with regard to compensation for loss of
employment.".
5
New section substituted for section 12C of Cap. 28:01
The principal Act is amended by the repeal of section 12C and the substitution
of the following sections"12C Retrenchment and compensation for loss ot employment on
retrenchment or in terms of section 12(4a)
( 1)An employer who wishes to retrench any one or more employees
shall(a) give written notice of his or her intention120
2015