(1) Subject to subsection (2), where an employee has been laid-off for a continuous period of at least 12 weeks, such lay-off shall be deemed a termination due to redundancy in accordance with this Division.
(2) The provisions of subsection (1) do not apply to an employee who is employed in the hospitality industry or any other industry designated by the Minister as a seasonal industry and who actually performs work on a seasonal basis, except where work which the employee is habitually employed to do is not offered to that employee for the following season.
(3) If after 2 consecutive seasons an employee habitually engaged in seasonal work is not offered work, the employer shall be deemed to have terminated the employee's contract of employment.
(3A) Notwithstanding subsections (1) and (2), where the Governor General by proclamation under section 17 of the Constitution of Saint Lucia declares that a state of emergency exists for the purposes of Chapter 1 of the Constitution of Saint Lucia—
(a) subsection (1) applies to an employee who is employed in the hospitality industry or any other industry designated by the Minister as a seasonal industry and who actually performs work on a seasonal basis, except where work which the employee is habitually employed to do is not offered to that employee for the following season;
(b) the Minister may, by Order published in the Gazette, extend the period of lay-off under subsection (1) for a further period of no more than 12 weeks.
(Inserted by Act 5 of 2020)
(3B) Where the Minister extends the period of lay-off under subsection (3A), an employee may make a request to the employer to terminate his or her contract and for redundancy pay.
(4) The Minister may, after consultation with employees and employers representatives, make special Regulations for lay-off and redundancy for certain sectors of industry and for specific categories of workers from time to time as he or she deems necessary.