Labour laws are developed to establish the conditions that are acceptable for employment and the parameters in which employers and employees should operate. While each organisation may have specific rules that are relevant and unique to their area of work, the main national labour guidelines are summarised below.
Employment & Workers' Rights
Act No. 23 of 1974 · Amended 2022
Employment (Termination & Redundancy Payments) Act
Amended 2022
This Act has repealed the Masters and Servants Act of 1842. It outlines the required notice period to be given before the termination of a contract, both for the employer and the employee, the right to redundancy payments and the conditions that apply.
Notice periods
- Less than 2 weeks' notice if employed for less than 5 years
- 4 weeks' notice if employed for 5 or more but less than 10 years
- 6 weeks' notice for 10 or more but less than 15 years
- 8 weeks' notice for 15 or more but less than 20 years
- 12 weeks' notice for 20 or more years of continuous service
Note: For a fixed-term contract, an employer is not obligated to give notice of termination if the contract would have ended. However, if the employee continues working up to four weeks after expiry, notice periods apply. An employee continuously employed for four weeks must provide at least two weeks’ notice.
Redundancy payments
This Act has repealed the Masters and Servants Act of 1842. It outlines the required notice period to be given before the termination of a contract, both for the employer and the employee, the right to redundancy payments and the conditions that apply.
Act No. 1 of 2004 · Amended 2021
Occupational Health and Safety Act
Amended 2021
This legislation provides the framework for a habitable work environment, and through the Ministry of Labour and Social Security, investigates incidents where health and safety has been compromised.
For the purpose of this Law, a ‘workplace’ is a place where:
- Work is conducted for business
- A worker needs to be, is likely to be, or to go, by reason of his work and which is under the direct or indirect control of the person conducting business or undertaking.
Note: The workplace is also not limited to four walls, as it can be a vehicle, vessel, aircraft, mobile structure or waters and land.
National Minimum Wage Order · April 2022
The Minimum Wage Act (Amendment) Order 2022
Revised 2023
The purpose of this legislation is to protect workers against unfair wages. This is done through a fixed minimum wage. Effective April 1, 2022 the national minimum wage increased from $7,000 to $9,000 per 40-hour work week or $175.00 to $225.00 per hour.
Industrial Security Guards · 2022 Resolution
Minimum Wage Act (Industrial Security Guards) Amendment Order 2022
2022 Order
This Order offers the same protection as above, but specifically for industrial security guards. The minimum wage moved from $9,700 to $10,500 per 40-hour work week — or from $242.50 to $262.50 per hour.
Cap. H.6 · Consolidated Edition
Holidays with Pay Act
Active
Under this law, employees are entitled to holidays and sick leave with pay and for casual workers in certain occupations, gratuities, and sick benefits. Casual workers, as stated in the Act, are those employed for a day or for the completion of a particular task.
Holidays and sick leave with pay, among other benefits, are dependent on the employee’s years of service and earnings.
Trade unions & disputes
Act No. 14 of 1975 · Amended 2019
The Labour Relations and Industrial Disputes Act
Amended 2019
Responsible for the establishment of the Industrial Disputes Tribunal (IDT), this legislation outlines the power and purpose of the tribunal in settling disputes within the workforce. The objectives of the IDT are:
- To facilitate the settlement of industrial disputes and to hand down awards in accordance with the law
- To achieve peaceful dispute resolution
- To assist in the maintenance of industrial harmony and stability in the country
Government of Jamaica · Public Sector Handbook
The Staff Orders
Current
This is a comprehensive government handbook outlining the conditions of service for public sector workers. It provides a comprehensive instruction on appointments, employee records, hours of work, code of conduct, training and development, compensation, leave, employer and employee relations, disciplinary measures, among other information relevant to an efficient and healthy working environment.
Workplace protection
Special Provisions · Protection Act
The Sexual Harassment Protection and Prevention Act
Protection Act
The aim of this Act is to protect all its citizens including those in the workplace and provide an opportunity for redress where violations occur.
Workplace Protection
- Prospective employers must not suggest to applicants that their ability to get the job is dependent on them engaging in or tolerating any form of sexual conduct.
- Employers must make every reasonable effort to ensure the safety of their employees by forming a policy statement and compiling a register in which events of reported sexual harassment are recorded.
- Employees must not be forced to accept working conditions that depend on accepting or tolerating sexual advances from their employers or supervisors.
- Employees who have experienced any incidents of sexual harassment must be able to report them without being discriminated against by their employers.
- Clients must not be sexually harassed by employers or employees while conducting business.
