LABOUR ACT [Chapter 28:01] (as amended)
(2) Subject to subsection (3), an employee shall
be granted leave of absence during every public
holiday, and shall be paid his current remuneration for that day if it occurs on a day on which he
would otherwise have been required to work.
(3) Where an employee consents to work on a
public holiday he shall be paid not less than twice
his current remuneration for that day, whether or
not that day is one on which he would otherwise
have been required to work.
15 Death of employer
Except where more favourable conditions have
otherwise been provided for in the employment
contract concerned or in terms of any relevant
enactment, including any regulations made in
terms of this Act, or in any agreement or determination made or given effect to in terms of any
enactment, a contract of employment between an
employee and an employer who is an individual
shall not be terminated on the death of the employer but shall continue to have effect until the
expiration of the period after which it would have
terminated had due notice of termination been
given on the day on which the employer died, and
during such period the employee shall be entitled
to such wages and other benefits as are provided
for in the employment contract from the person
legally representing the deceased employer in his
capacity as such.
16 Rights of employees on transfer of
undertaking
(1) Subject to this section, whenever any undertaking in which any persons are employed is
alienated or transferred in any way whatsoever, the
employment of such persons shall, unless otherwise lawfully terminated, be deemed to be transferred to the transferee of the undertaking on
terms and conditions which are not less favourable
than those which applied immediately before the
transfer, and the continuity of employment of such
employees shall be deemed not to have been
interrupted.
(2) Nothing in subsection (1) shall be deemed—
(a) to prevent the employees concerned from
being transferred on terms and conditions of
employment which are more favourable to
them than those which applied immediately
before the transfer, or from obtaining terms
and conditions of employment which are
more favourable than those which applied
immediately before, or subsequent to, the
transfer;
(b) to prevent the employees concerned from
agreeing to terms and conditions of employment which are in themselves otherwise legal and which shall be applicable on and
after the transfer, but which are less favourable than those which applied to them immediately before the transfer:
Provided that no rights to social security,
pensions, gratuities or other retirement benefits may be diminished by any such agreement without the prior written authority of
the Minister;
Re-issue
(c)
to affect the rights of the employees concerned which they could have enforced
against the person who employed them immediately before the transfer, and such rights
may be enforced against either the employer
or the person to whom the undertaking has
been transferred or against both such persons
at any time prior to, on or after the transfer;
(d) to derogate from or prejudice the benefits or
rights conferred upon employees under the
law relating to insolvency.
(3) It shall be an unfair labour practice to violate or evade or to attempt to violate or evade in
any way the provisions of this section.
17 Regulatory powers of Minister
(1) Subject to this Act, the Minister, after consultation with the appropriate advisory council, if
any, appointed in terms of section nineteen, may
make regulations providing for the development,
improvement, protection, regulation and control of
employment and conditions of employment.
(2) Where the Minister has made regulations in
terms of subsection (1), every contract, agreement,
arrangement of any kind whatsoever, determination or regulation made in terms of any enactment
which related to the employment of an employee
to whom such regulations relate and which provides terms or conditions less favourable to the
employee than those specified in the regulations,
shall be construed with such modifications, qualifications, adaptations and exceptions as may be
necessary to bring it into conformity with such
regulations.
(3) Without prejudice to the generality of subsection (1), the Minister may make regulations in
terms of that subsection providing for—
(a) the rights of employees, including minimum
wages, benefits, social security, retirement
and superannuation benefits, and other conditions of employment;
(b) the deductions which may be made from the
wages of employees;
(c) the hours of work of employees, including
overtime, night and shift work and the remuneration therefor;
(d) rest and meal breaks, the provision of food
and other services at work in special cases
and the charges that may be made from wages therefor;
(e) leave, including sick leave, maternity leave
and bereavement leave, that shall be granted
to employees and the remuneration and allowances that shall be payable in respect
thereof;
(f) the holidays that shall be granted to, or that
may be withheld from, employees, and the
remuneration and allowances that shall be
payable in respect thereof;
(g) the establishment of pension, social security,
sick, medical, holiday, provident, insurance
and other funds for employees, and the levying of contributions thereto by employers and
employees;
(h) the special conditions that shall be applicable
to female, juvenile and disabled employees,
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