THE LAWS AND HOUSEHOLD WORKERS IN JAMAICA

The Minimum Wage Act

This Law regulates the hours of work or other terms and conditions of employment. Jamaica's Minimum Wage is the lowest amount a worker can be legally paid for her/his work. Household workers should NOT be paid any amount below the Minimum Wage. The Minimum Wage Law protects workers from this illegal practice.

NORMAL WORKING DAY = Any day you are required to work and does not include Rest Day or Public Holiday.

REST DAY = The day set by agreement between the Household Worker and the Employer

WEEKLY WORKER = 40 hours per week.

WAGE = Remuneration in money and does not include the value of any lodgings or food or any other benefits.

As of August 1, 2018, the National Minimum Wage is $7000 per 40-hour work.

The Minimum Wage Law maintains that:

Time-and-a-half must be paid to workers for all hours over the normal work week.
However, household workers can enter into an agreement with their employer to receive single pay for a 44-hour work week.

You Have The Right to Join a Union!

The Labour Relations and Industrial Disputes Act

The Labour Relations and Industrial Disputes Act, and its companion, the Labour Relations Code guarantee the right of workers to join a union of her/his choice and to engage in collective bargaining. The Act regulates the arbitration of disputes through the Industrial Disputes Tribunal (IDT) and through the provisions of the Code ensure proper communication, consultation, and the proper procedures for handlings grievances and dealing with disciplinary matters.

What is the IDT?

The Industrial Disputes Tribunal (IDT) deals with disputes involving unionised as well as non-unionised workers. The objectives of the IDT are to:

Facilitate the settlement of industrial disputes
Hand down Awards in accordance with the law
Achieve peaceful dispute resolution.

The Holidays with Pay Act

This law provides for all workers in terms of vacation leave, sick leave, gratuity and sick benefits for casual workers.

Qualifying period = A period of 12 months commencing on the date of employment

This law states: “worker’s earnings” means the regular amounts paid by an employer to a worker for the worker’s services. This does not include any amount paid for overtime work or a bonus.

Entitlements: Paid Leave

Service more than 220 days with same employer = 2 working weeks paid leave
Service over 10 years with same employer = 3 working weeks paid leave
220 days and less but more than 110 days = one day paid leave for every 22 days worked

Entitlements: Sick Leave

5 days of sick leave, after 110 days (4 months)
2 weeks sick leave with pay after 1 year.

Laws Are to Protect You!

The Employment (Termination and Redundancy Payment) Act

Probation

This law allows for the employer and worker to agree on a 90 day "probation" at the start of employment so that each party can evaluate the other.

During this time, the Household Worker does not have to give notice to leave the job, nor does the employer, to terminate the services of the Household Worker.

Notice

After the 4 weeks “probation” is complete, both employer and employees are required to give notice of termination of the contract of employment.

The worker must give the employer two weeks notice.
The employer must give the worker at least 2 weeks notice or 2 weeks pay when notice is not given. This increases the longer the worker is on the job.

The notice to be given by the employer must be:

1 – 5 years service = 2 weeks notice
5 – 10 years service = 4 weeks notice
10 – 15 years service = 6 weeks notice
15 – 20 years service = 8 weeks notice
20 years or more service = 12 weeks notice

Redundancy

If a worker is made redundant, she/he is entitled to 2 weeks pay for each year of service as well as pay for any vacation leave left unused. If the worker has more than 10 years employment in the job, she/he is entitled to 3 weeks per year.

Note to qualify for redundancy pay, the worker must have been continuously employed for at least (2) years with the employer in question.

The Right to Redundancy is triggered in the following circumstances:

Close down of the place of employment
No more need for worker to do what she/he was employed to do
Personal injury at workplace
Disease arising out of nature of work

There is No Right to Redundancy in the following circumstances:

Retirement
Dismissal for Cause
Offer of new job

Transportation Home on Redundancy:

The employer shall provide the employee with suitable transportation, or a sum sufficient to enable her/him to pay for suitable transportation, from her/his place of employment to the home where she/he lived when she/he was engaged under the contract.

The employee may recover damages for a breach of that agreement by an action for damages for a breach of conduct.

Building An Inclusive Workforce

The Disabilities Act

The Disabilities Act requires an employer to make reasonable arrangements (whatever modifications and adjustments are necessary and appropriate) to prevent any disadvantage to an employee who is a person with disability (PWD).

A person with disability includes a person who has a long term physical, mental, intellectual or sensory impairment which may hinder his full and effective participation in society, on an equal basis with other persons.

Reasonable arrangements can range from allowing a diabetic worker scheduled breaks to facilitate the taking of medication/food to making physical adjustments to facilitate wheelchair access.