WHICH BENEFITS ARE COMPULSORY UNDER THE EMPLOYMENT ACT?
The following benefits are compulsory under the Employment Act:
- Maternity leave [Sections 37-44]
- Sick leave [Section 60F]
- Public holidays [Section 60D]
- Annual leave [Section 60E]
The Act lays down the minimum benefits to which employees are
entitled. An employer is free to offer a higher level of benefit and to
offer benefits which are not stated in the Act.
Any benefit included in a contract of employment which is lesser than
the minimum requirement of the Employment Act is void. The employee
concerned is entitled to the minimum benefit as laid down in the Act
even though the employee has signed acceptance of the terms and
conditions of employment offered by the employer.
Example:
Example:
An employee’s letter of appointment includes a statement as follows:
“You are entitled to 10 days of paid sick leave per year on condition
that you are confirmed to be sick by a doctor appointed by the
company.”
The employee has signed the letter of appointment.
If the employee is within the scope of the Employment Act, the term
in her letter of appointment is not valid on two grounds: the minimum
number of paid sick leave days to which an employee is entitled per year
is 14 and in a medical emergency or if the panel doctor’s services are
not available to the employee, he or she is entitled to visit any
registered doctor who may confirm the employee is not fit for work.
It is advisable to lay out, in detail, the benefits to which employees are entitled under their contract of employment. These benefits can be written into the letter of appointment or included in an employee manual.
A benefit provided to an employee under his contract of employment cannot be withdrawn, except with the agreement of the employee. A unilateral withdrawal of a contractual benefit may be considered a breach of contract.
Employees who are not within the scope of the Employment Act are not entitled by law to the above benefits, with the exception of maternity benefits which apply to all female workers. It is common practice, although not required by law, to provide all employees including those outside the scope of the Act to, at the least, the minimum benefits stated in the Act.
It is advisable to lay out, in detail, the benefits to which employees are entitled under their contract of employment. These benefits can be written into the letter of appointment or included in an employee manual.
A benefit provided to an employee under his contract of employment cannot be withdrawn, except with the agreement of the employee. A unilateral withdrawal of a contractual benefit may be considered a breach of contract.
Employees who are not within the scope of the Employment Act are not entitled by law to the above benefits, with the exception of maternity benefits which apply to all female workers. It is common practice, although not required by law, to provide all employees including those outside the scope of the Act to, at the least, the minimum benefits stated in the Act.
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