Q & A

Question: Can an Employer decide to reduce the salary of an Employee?

Answer: According to Article 12 (6) of the Labour Act of 2007, an Employer may reduce the working hours of an Employee, which will also mean the reducing of salary, accordingly. The above can only be done after the Employee was given notice of the said. The reduced hours may only occur for a period that does not exceed three months. Lastly, the Employee’s salary may not be reduced by more than one half of the normal basic wage.

Question: What needs to be proven before an Employee can be guilty of dishonesty?

Answer: The main element in the charge of dishonesty is deception. Deception needs to be proven on a balance of probabilities. The Employee must have the intention to deceive the Employer before he/she can be guilty of dishonesty.

Question: When an Employer wants to retrench an Employee, what needs to be included in the final package?

Answer: The Employer must give the Employee a month’s notice of the intention to retrench, the notice can either be given on the 1st or the 15th of each month. The mentioned one-month notice can either be worked by the Employee, or the Employer can pay the Employee for the notice month. Secondly, if the Employee completed a year of service or more, he/she must be paid severance. All contributions that were made by the company, medical, housing, car allowance, etc., will also be paid for the notice month. Lastly, the Employer must pay out all the leave days due to the Employee, until the last day of the notice month.

Question: Is there any liability from the Employer to inform the Office of the Labour Commissioner when the Employer wants to retrench an Employee?

Answer: According to the Labour Act of 2007, the Employer needs to give the Office of the Labour Commissioner notice, one month in advance. During the same period, the Employer must provide notice to the Employee(s).

Question: What is the difference between absenteeism, abscondment, and desertion, when an Employee is absent from work?

Answer: Absenteeism is when an Employee comes late to work, is not at his/her workstation when he/she needs to be there, or when the Employee is absent from the workplace for short periods. Abscondment is when the Employee created the inference that he/she does not intend to return to work. Desertion is when an Employee has intimated expressly or by implication that he/she does not intend to return to work.

Question: Considering the Labour Act of 2007, how many annual leave days does an Employee have per year?

Answer: The above is determined in relation to the number of days that an Employee works per week. The ratio scale is on 1:4, which means that an Employee that works 4 (four) days per week, gets 16 (sixteen) leave days per annum. If the Employee works 1 (one) day per week then the Employee will be entitled to 4 (four) leave days per annum. (The above is only related to annual leave and does not include any other leave to which an Employee is entitled).

Question: May an Employer ask an Employee to cover his/her tattoos whilst on duty?

Answer: If the above does not change the condition of employment of the Employee, then it can be seen as a reasonable request. The mentioned must be communicated to the Employee and a solution must be provided, which may include wearing long-sleeve shirts, or covering the tattooed area with a skin safe product.

Question: When an Employer provides an Employee with a certificate of service, what needs to be included in the certificate?

Answer: The certificate of service needs to include the Employee’s name, secondly the period that the Employee was in the employment of the Employer. The position that the Employee held within the company is also important, as well as the rate of pay of the Employee, whether it was per hour, per day, or per month, needs to be indicated. Lastly, indication needs to be made as to why the services of the Employee was terminated, this includes resignation, retirement, or retrenchment, to name a few.