Barbados Employment Rights

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The new Employment Rights Act 2012 has imposed several additional duties on employers, once proclaimed will affect the present labour laws in Barbados. The Employment Right Act 2012 clearly gives more rights to the employees and has several implications for employers whether party to the private or public sector.
The Act was passed in Barbados Parliament in May 2012; it marks a fundamental change in the employee and employer relationship. The Act establishes a tribunal called the Employment Rights Tribunal for the determination of issues relating to the new rights, but provides that complaints must first be referred to the Chief Labour Officer for an opportunity for a settlement to be reached.
If a settlement is not reached, the tribunal is given wide powers, subject to an appeal to the Court of Appeal on questions of law, to determine complaints. These powers include, in appropriate cases, power to award compensation and power to order reinstatement or re-engagement of an unfairly dismissed employee.
The Act first consider how to determine if a person is an employee and give a list of factors to consider to determine this; this states that the employer is required to provide the employee with tools to perform work task. Also a place of work and must provide it employee with holiday with pay. These are not major differences as the requirements stated above is what Petrol Dealers association was expected to compile with before the Employment Rights Act of 2012 came into effect. The first duty of the employer is found in section 13 of the act this is under the name statement of employment particular. This section states that where a contract of employment is contemplated, the employer shall, prior to or forthwith upon commencement the employer must give the employee written statement of particular. The Particular is outline in section 13 and stamen must include A- N. Below is some of the important item Petrol Dealers Association will need to include in

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