Revised Laws of Saint Lucia (2021)

148.   Lay-offs and suspensions

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    (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.

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    (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.

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    (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.

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    (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—

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      (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;

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      (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.

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    (Inserted by Act 5 of 2020)

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    (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.

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    (Inserted by Act 5 of 2020)

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    (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.