Q: Can I be fired with immediate effect?
A: Part 2
An employer can terminate an employee's contract at any time for any legitimate reason, provided that they give the employee reasonable notice or compensation in lieu of reasonable notice. This means that the employee must be given minimum notice equivalent to the pay period; i.e., a weekly paid worker would require 1-2 weeks* and a monthly paid employee would require 3-4 or more* depending on the length of service. The employer also has the option of firing this employee on the spot and paying them for the notice period.
Wrongful Dismissal involves a breach of contract or the law regarding the contract as stated above. In other words, the "wrongful" is only associated with the WAY in which the employee was terminated, not the REASON for the termination.
Wrongful dismissal occurs when an employee is dismissed without notice; too short notice; contrary to the terms in the employment contract; or when "a worker has been dismissed in circumstances that are harsh and oppressive or not in accordance with the principles of good industrial relations practice", according to Section 10(5) of the Industrial Relations Act 1972, as amended.
*N.B. - A shorter notice period may be used if it can be justified.
There is NO QUALIFYING PERIOD for Wrongful Dismissal, so an employee can bring a claim for this at anytime during employment.
A: Part 2
An employer can terminate an employee's contract at any time for any legitimate reason, provided that they give the employee reasonable notice or compensation in lieu of reasonable notice. This means that the employee must be given minimum notice equivalent to the pay period; i.e., a weekly paid worker would require 1-2 weeks* and a monthly paid employee would require 3-4 or more* depending on the length of service. The employer also has the option of firing this employee on the spot and paying them for the notice period.
Wrongful Dismissal involves a breach of contract or the law regarding the contract as stated above. In other words, the "wrongful" is only associated with the WAY in which the employee was terminated, not the REASON for the termination.
Wrongful dismissal occurs when an employee is dismissed without notice; too short notice; contrary to the terms in the employment contract; or when "a worker has been dismissed in circumstances that are harsh and oppressive or not in accordance with the principles of good industrial relations practice", according to Section 10(5) of the Industrial Relations Act 1972, as amended.
*N.B. - A shorter notice period may be used if it can be justified.
There is NO QUALIFYING PERIOD for Wrongful Dismissal, so an employee can bring a claim for this at anytime during employment.
I was employed with by private contractor for three months to work on a project. A verbal agreement was made between myself and my employer on my job specs but no industrial agreement was written up neither did i sign an employment contract. Wages were paid fortnightly. Upon receiving my wages the amount agreed to was not paid & i was told that the balance would be added to the next time i got paid. Now the contract has ended, I am owed a fortnight's wages plus the balance of the one before. I have spoken to the said contractor about my payments, it has been almost three months and i haven't heard a word on when i would receive this payment. Some other workers received cheques and upon going to the bank the cheques bounced. When they tried to enquire about this the contractor was no where to be found. We visited his office on several occasions but it was closed. Can you advise me on what i can do to legally recover my lost wages?
ReplyDeleteA civil suit. Has he been found? Do you know his full name?
DeleteI have been employed as a manager but I don't get the benefits like the other managers in d company such as medical etc...
ReplyDeleteSo what's your question?
DeleteSeeing that how I don't work on holidays and Sundays. I should work on call and go where ever they send me questions ask
ReplyDeletei work in the private sector for 16 yrs, my employer tells me that in order to get my annual vacation leave i have to get someone to do my job although there is another employee of the same tenure who can cover me during my leave. i am told that the employee finds it unfair to work at my station temporarily.
ReplyDeleteIt's not your responsibility to find someone to work while you're on holiday. You should write a letter indicating this. If you so choose, I can write the letter on your behalf.
DeleteHi i've been employed wit a private company 4 the past 4 yrs i am now one of the store managers however we open on public holidays and it so happened dat my within my vacation days there was a holiday an im being told dat i cant get back a day since we open on a holiday .is this right
ReplyDeleteSounds justifiable to me.
DeleteDoes the termination of a daily paid employee working over 6yrs who is absent excessively from work( over 40 days for this current year) fall under the Retrenchment and Severance act?
ReplyDeleteSearch for my article on the RSB.
DeleteRSB only deals with redundancy.
Deletehttp://trinidadandtobagolegalrights.blogspot.com/2013/05/severance-pay-entitlement.html
hi i just wanted to enquire if there are laws against dismissal of a pregnant person
ReplyDeleteOF COURSE!
DeleteThat's discrimination! Send me a private e-mail explaining the situation.
Hi. I sent an email. I really need to be advised as I was fired wrongfully on Thursday due to alleged insurbordnation which was falsified. Please advise urgently
ReplyDeleteYou need to send me a private e-mail.
DeleteHi. I was recently employed as a contract worker by a company that is owned partially by the Government and partially by private enterprises. I was told during orientation that I would not be eligible to join any trade unions, is this true? Is there no protection agencies for contractual workers?
ReplyDeleteThank you for this question. I dedicated an entire post to answer your question. Your question was answered in a post on 13/06/14.
DeleteHi, I am a teacher at a private school. I have been there for almost 7 years. In May, I gave my employers notice that I would be leaving at the end of June. Six weeks later they gave a letter stating they accepted my resignation. Today I asked to leave half day on Tuesday coming because of a job interview and I was told no. Please not that I have not used up all my sick or casual days that is provided by the company. I'm afraid I would be fired if I leave for the interview as I was told no. My question is, is it legal for my employer to deny me leaving half day for the interview? Please note that this was the second time i was denied to leave earlier than the dismissal time. Thank you
ReplyDeleteCan an employee be fired immediately for Obscene language? Can an employee be sent for drug testing without his knowledge?
ReplyDeleteYour employer must get your consent before they perform a drug test. This means they have to explain the purpose of the test and wait for you to agree to be tested before taking a sample. If this is done without your permission and you fail, it cannot be used to discipline you.
DeleteI work for a private firm, my employer informed me that I must ask for permission to take a day off. I am not to notify, she will decide whether permission is given. Is this labour law. She has also stated that she was advised of this by the labour office
ReplyDeleteOf course, you can't just stay home because you feel like.
DeleteI am employed with a company for 20 years as a driver can my job position be changed by my employer without my permission or approval from me
ReplyDeleteHi I worked for an organization and never signed a contract, when I enquired they stated it was being drafted this turned in to three plus years I had been their and no signed contract. I became ill due to the stress and rigorous schedule and missed turning in my last sick leave too late and was terminated for such. they paid a back pay and I did not receive what was owed to me for the time which I worked. They also recently paid a compensation package for a certain time frame for those who worked in certain departments during a particular project and I have also received nothing from that. Could you guide me on this situation please.
ReplyDeleteHi, I am a worker with a fixed salary contract in the private sector. Over the last two months I came in a few minutes late on four separate occasions. My manager accumulated these late minutes and deducted it from my salary, without advising me of this policy. Also I am pregnant and my employer is aware of that. If I go to clinic, which usually takes aprox 3 hours, 3 hours pay is now being deducted form my salary, even though I don't take my 1 hour lunch break when I get back to work. I know I am not entitled to paid time for the clinical appointments as I am have not made a year at the company as yet, however shouldn't they deduct 1 hr less seeing that I don't take a lunch break on these days? I was told that I am entitled to 1 hr lunch with pay, in my contract.
ReplyDeleteIf there are any laws regarding this can you point me to it as I would like to discuss it with my employer.
Thank you!
I was employed by a company, who has a contract with a regional corporation.I was employed for that specific project & wages were agreed to be paid fortnightly. i was paid for the first two months & after that the contractor told me that he hasn't received any payment for the project therefore i can't get my salary. He keeps telling me to come to the office to get my salary but every time i go there, he tells me to come back a next time. I kept on going but everytime the office is closed. Some of the other employees told me that he told them the same thing & he even gave a few of them cheques. But when they went to the bank, there was insufficent funds. He was contacted to address this situation & he told us to meet him at his office. We went there to meet him but he was not there. We called him again & he said that he has not received any money to pay us. Then he said that he is not paying anyone. He is not answering his phones or going to his office. I would like some advise on the process of getting my salary.
ReplyDeleteSo I'm assuming this guy took the money and disappeared. If you have his full name and possibly a home address, send me a private e-mail and we'll go from there.
DeleteHi. I work for a private company for the past 6 years. The director of this company also owns 3 other companies and has informed the employees that they would be rotating staff to these other companies. Can they do this, and if yes, what could be the penalties if we do not abide?
ReplyDeleteIf it's in the same capacity and same pay, I don't see it being a problem. Job rotation would help you develop your skills and gain knowledge.
DeletePrivate company with full time employee on contract with 6 mth probationary period. During probationary period issues arise and the employee is given verbal warnings and opportunity to improve. Before expiration of probationary period another unfortunate incident occurs involving alleged insubordination and dishonesty and the employer decides to terminate services with immediate effect and gives the employee 2 weeks pay in lieu of notice. Can the employee sue the employer and on what grounds?
ReplyDeleteThe dismissal seems fair to me.
DeleteHi, please advise accordingly, I am employed with a private contracting company in the oil & gas sector as a performing authority / supervisor, all employees prior to engaging access to or engaging in work @ this site must be fully inducted about the site standards, a co-worker was caught with his cell phone on the client's compound which is a direct violation of the client's policy, the employee was fired and amazingly I was suspended for five working days, I believe this act was very unjust, besides the loss of earnings it is also a damage to my good character, what action would you recommend?
ReplyDeleteNot sure why you were punished. Is it part of the policy that supervisors be punished for the employee's behaviour?
DeleteHello. I have been working in a private company for 10 years. My boss recently threatened to reduce my salary. Can you inform me if this is legal to do or possible and what action can I take in the industrial court if any. Thank You
ReplyDeleteWhat's the reason?
DeleteCan an employer garnish an employee's wages if that employee has a credit account with the business that is not being paid down?
ReplyDeleteI'm not privy to the agreement. I cannot give a definitive answer without knowing all the circumstances.
DeleteHi, can I request that I use the remaining of my sick leave during my resignation month? BTW, I have not been at the company for a full year; two months short of a year.
ReplyDeleteYou should've taken the sick leave and then handed in your resignation.
DeleteHi I'll like to know something. My vacation has been approved from the 18 - 29 August 2014 (10days or 2 weeks) I want to resign and give the standard 1mth notice. Can I resign at the beginning of August and still be entitled to my vacation and be pain at the end of the month
ReplyDeleteYes, you are entitled to payment for it, but some employers are unscrupulous and you may need someone like me to enforce your rights at some point.
DeleteCould an employer transfer a staff giving them two day notice? Even if the staff does not want to be transfered
ReplyDeleteIf it wasn't mentioned in your contract, it's an illegal unilateral alteration to your contract.
DeleteHello, I was employed in September 2012 on a temporary one year contract, as the contract came to a close I was not told anything by the manager therefore I inquired as to my employment status within the company upon which I was given a 3 month extension of the contract. Since then I have not received a contract despite asking for one. Am I to be considered a permanent employee because the manager keeps referring to me as a temp. Thanks
ReplyDeleteYou've been working for more than a year and your position has not become redundant, so you're permanent.
DeleteContrary to popular belief, a written contract isn't necessary for employment. Your contract is implied based on the previous contract and current course of dealings.
Don't let your boss scare you.
Hi we work 7-5 (sometimes later than 5) and 7-3 on Saturdays (sometimes later than 3) with only half hour lunch and are not allowed to leave the compound. We do not get any other breaks apart from going to the bathroom. Time off is deducted from salaries and we get no holiday pay. When we work beyond closing hours we are not compensated.
ReplyDeleteIs this legal?
Would like to see what your contract says about holidays. However, I need to know where you work before I can say much besides the fact that the breaks are insufficient.
DeleteIt is illegal. Send me a private e-mail.
Good day,
ReplyDeleteI have been employed with a private company for over 30 years in a senior position. My company is being acquired by another company which also has a similar position. I therefore think I maybe terminated. Will I be entitled to a "pay out" and if so what laws will govern the minimum I can receive?
I'm currently dealing with a similar matter. Send me a private e-mail.
DeleteHi, i was working for a private company but because of favouritism I left the job. I worked there 3 weeks and one day. I called and asked if I could get my full 3 wk 1 day salary and they said yes. When I went they told me they're only giving me one week salary and they're forfeiting the other two weeks salary because I didn't give them 2 weeks notice as stated on the contract that I signed. Is that legal? Could I get my 2 weeks salary that I worked hard for, showing up on time?
ReplyDeleteAbsolute madness. You have to get paid for every single hour you worked.
DeleteSend me an e-mail.
I work for a contractor who does work for ttec, I have never sign a contract but work for 5 years. Can I b fired immediately without notice?
ReplyDeleteNot unless it is for gross misconduct.
DeleteI have been working for a company over 7 years now on off but for the last 14 months I have been working consecutively with a promotion.I have not been offered or given any vacation or sick leave.and the company is unionized. Is this right?.... If not what action can i take in order to get my sick leave and vacation
ReplyDeleteIf you're unionized, your first action should be to contact them. You should have a collective agreement.
DeleteIf a private company decides to close for two days for the Christmas season, can they deduct it from your vacation days?
ReplyDeleteYes, that is very common.
DeleteCan a manager be dismissed for victimizing employees???
ReplyDeleteVictimization is against the law according to the Equal Opportunity Act, so of course s/he can be dismissed.
DeleteYou're correct. I'm sorry this post got overlooked. If you're still looking for a resolution, send me a private e-mail.
ReplyDeleteonce you are working with a Private Company for 25 years, and want to retire, are they obligated to pay you severance. Please advise
ReplyDeletehttp://trinidadandtobagolegalrights.blogspot.com/2013/05/severance-pay-entitlement.html
DeleteHi, If I applied and was hired for a specific position can I be transferred to another dept that I didn't apply for that requires a different skill set (which i am capable of without) my consent
ReplyDeleteNo... especially if you've already signed a contract.
DeleteGlad I came across this site.
ReplyDeleteI have two major problems. I have worked for a private Company for just over one year to date. Since, ive gotten 2 warning letters for absenteeism, which i disagree with. the first one listed 13 days absent. Problem is 10 out of tbe 13 days were either approved by the Comapny in advance, because of a medically certified injury I sustained while on the job, or a Saturday (which is optional in my department). When I mentioned this, the reply was "absenteeism is absenteeism", which I find unfair.
Second problem is I do not have specified working hours. When I received by confirmation letter 4 months after my employment, it had regular office hours (8am to 5pm) but Management reserves the right to vary working hours and in such case adheerence to relevant Labour Legislations will be observed. I start work between 6 to 7 am and on an average day I work 14 hours and DO NOT GET OVERTIME. I know thia cannot be legal. Your guidence will be greatly appriceated.
The warning letters are definitely unjustified.
DeleteWe need to get you a proper contract and not that ambiguous agreement you have there.
Send me a private e-mail.
hi i was employed in a ministry and i was ill since last year and my contract will be up next year. i have not gone back to work what can they do?
ReplyDeleteAs with any other job, you can easily be fired.
Deletehi i am employed with a ministry and i have been on sick leave up to march of this year but i have no intention to go back it was a three year contract what can they do to me
ReplyDeleteYou need to be a little clearer.
DeleteIs a company obliged to prove reasons for redundancies / retrenchment even if they are offering severance benefits?
ReplyDeleteNot necessarily, but it needs to be genuine, otherwise it can amount to an unfair/wrongful dismissal.
DeleteI was employed on contract with a Ministry but left after 3 months of employment due to very disrespectful treatment by my supervisor. I submitted a letter stating my reason for not returning to work and was very uncomfortable with working with the individual. Within 1 month of being home, I got really sick and did not hear from them until another month after asking me to resume duty. I asked if they were transferring me to another department and they said no. So I said I cant work with the current supervisor there and will be home until they tell me what they would like to do. To date they have not contacted me again and it has been 3 months. Will this present situation with my contract affect my job applications for other ministry jobs under contract?
ReplyDeleteI think this has been handled incorrectly by both parties, especially you. It will most likely affect you going forward as recommendations may be difficult to get.
DeleteWhat you mean you were refused your salary? Explain.
ReplyDeleteNothing to get regarding what?
ReplyDeleteAbsolutely. Unused vacation MUST be paid for when employment has been terminated.
ReplyDeleteAfter working for a private company for six years and having a standard salary, can an employer now decrease working hours and therefore decrease salaries just like that? Reason being..business is slow. Please advise.
ReplyDeleteDepends on what "just like that" means.
Deletei am recently employed in a store , was given my letter of employement 4 months after, it policy on sick leave is 13 days, however during the 6 months, i fell ill, and account for all my absences by calling in advance and providing my medical certificate for some serious illness,however to my surprise,i received by salary last month, deducting all 18 days taken in, thus leaving me with less that quarter of my salary for the month, is it legal for the company to make such deduction without any supporting letter or prior notice, further, i am a shift worker, and my offical days off were deducted as well. when i questioned the payroll officer, she said, i am beggining to piss her off, can i get in any trouble if i write a letter of complaint to the general manager. further , i make representation to the company to make deductions over a period of an extended probation period and they declined. my letter goes unanswered, i am only 22 yrs and i think that they are taking advantage, is there way i can get justice.
ReplyDeleteFirstly, your 14 (13 is illegal) days sick leave begins after 6 months of being employed. If you only worked 4, you were not entitled to sick leave.
DeleteHowever, when deducting money from a salary, the employer must give notice and there should be an agreement on how much is deducted every month until it is paid off. If they've left you in a position where you can't pay your rent or buy food, there can be implications for the employer.
Currently my vacation benefits are based on a tiered system - varying with the number of years service.
ReplyDeleteCan management of a private company unilaterally change this vacation benefit to 10 working days across the board. thereby removing the tiered system - I would have been entitled to as much as 20 working days under the old system
Yes they can, but if you were entitled to vacation under the old system, they can't deny you that. Only vacation going forward can be affected, not what you've already "earned".
DeleteGood day after being hired "on probation for six months and based on availability and good performance you will be awarded 1 year contract" can an employer fire me based on the fact that the assistant manager was being harsh and I hung up on her as to prevent myself from not speaking out of turn. After which I called her back and we apologised to each other and came to a mutual understanding. Btw I am also an assistant manager. What are my recourse.
ReplyDeleteSo, to be clear, you hung up on another manager? It's rude, but I don't see it as an offence that would result in a summary dismissal.
DeleteNot sure what recourse you're seeking.
I resigned from my employers "with immediate effect" because of personal matters. Prior to me resigning, they suspended me because they think my performance wasn't "up to standard" (my son was battling cancer and later died) and I personally think they used that as a reason to evaluate me. Now I am looking for a job, I've been on quite a number of interviews, and when the companies are doing employee reference checks, my past employers refuse to discuss or divulge any information with regards to my employment with them. What actions can be taken against them? Please advise as they are preventing me from having a job.
ReplyDeleteThank you!
Employers are not obligated to give references. So if they refuse, you can spin that around to make it look like they were angry that you left, which makes you look like a great employee.
DeleteThere are ways to get around; be smart.
Good day
ReplyDeleteIf you are employed for 1 year and four months no N.I.S or H.S has been deducted or paid what should be done?
If someone falls ill for 3 days and they informed their employer everyday that they stayed home they won't be able to work, do they still need to give a sick leave even though they won't be paid?
#1 - Anything over 2 days requires a sick leave note from a doctor.
Delete#2 - You don't get sick leave?
#3 - Why isn't sick leave being deducted or paid? That's illegal
I abandoned my job and the manager called asking for sick leave then they sent me a letter via registered mail why would they do that saying that i have not sent in sick leave and that they cannot reach me what actions can they take my contract expires next february and it was a ministry.
ReplyDeleteYou abandoned your job, so what are you worried about?
DeleteI have been working for a private own company for almost 3 yrs on a 3 to 6 month contracts , I have never had a break in my contracts, I am daily paid and if i don't work i don't get paid and I don't get paid for public holidays. If i ask for anything additional i am always reminded that i am a contract staff and therefore nothing else is owed to me.....Can you please clarify after almost 3 yrs if i am considered permanent
ReplyDeleteDo you get sick leave and vacation?
DeleteYes, my e-mail is under "About me"
ReplyDeleteAbsolutely. You've been victimized for standing up for yourself. Are you still there?
ReplyDeleteSorry for the delay... I usually answer sooner.
www.jbemploymentconsulting.com
Applies once defined as a worker under the Acts. The Acts do not state that the person must be a national.
ReplyDeleteThere's no right to unpaid leave. You should be smart enough to get things in writing... I'm sure you don't even have a written contract.
ReplyDeleteSorry for this late response... but I realized it's now past 6 months. Has anything else happened with this issue?
ReplyDeleteThat's a question for Inland Revenue
ReplyDeleteSufficient notice is usually the pay-period. If you get paid monthly, a month's notice is fine.
ReplyDeleteNo... how long is his contract for?
ReplyDeleteYou can if you're a member, or:
ReplyDeletewww.jbemploymentconsulting.com
HI, I have been working with a security firm a while. Recently they're demanding that their workers attend a training on their day off and officers who do not attend are being charge a $100. The officers are just being paid for six hours on that day. Secondly can they charge workers more than their day pay with out verbal or written warning ....concern:(
ReplyDeleteTraining is included in an employee's hours of work and should be paid accordingly.
DeleteThe only exceptions to this is:
a. Attendance is outside of the employee’s regular working hours;
b. Attendance is voluntary;
c. The training is not directly related to the employee’s job; and
d. The employee does not perform any productive work during the training.
As attendance is mandatory, it should be treated as a regular working time... the fine is illegal.
Send me a private e-mail.
i am a contracted employee with the government and i have been employed for the past year without receiving or signing a contract. i am now preparing to resign from that job to begin another. am i obligated to submit my resignation with one month notice as stipulated by regular contracts or can i submit my resignation giving two weeks notice seeing that i have not signed any agreement with the organization.
ReplyDeleteDepends on how important your job is.
DeleteManager... 1 month is best.
Clerical... 2 weeks is sufficient.
Is it legal for employers in the private sector to not pay their workers for their lunch break?
ReplyDeleteSame laws apply to private and public sector...
DeletePayment for lunch break depends on your job.
I got injured on work, sciatica and muscle and tissue damages to my back and had a fracture on my foot from a fall approx 3 feet. I stepped through a door and fell as a result of a landing being removed. No notice no caution sign nothing. What are my legal options?
ReplyDeleteWhat was the company's response? Do you have pictures? Medical bills?
DeleteHi, I work monday to saturday with off days on wednesday and Sunday. For christmas my company will now open on sundays and require me to work that day. Am I entitled to a higher rate of pay i.e. Double time? Thanks for response.
ReplyDeleteAre you a minimum wage employee? Does that Sunday work carry you over 40 hours for the week?
DeleteHi I work 24hrs at a security firm and they don't pay overtime that's one thing but when I walk off my post after 24hrs when I know no ones coming after 3-5 hrs they always call me to the head office and tell me I have no rights to walk off no matter what what should I do
ReplyDeleteGo to www.jbemploymentconsulting.com and use the "contact us" form.
DeleteI am looking for the act that governs contract employees within government ministries. Any assistance would be greatly appreciated.
ReplyDeleteI have no clue what you mean by "governs contract employees"... I'm not sure why you believe that contract employees have less rights and are governed by a different law...
DeleteHi Good day,
ReplyDeleteI have been working for a private company for the past four years. I recently got pregnant and I reach to work about 10 minutes late. I have asked if my working hours can be changed from 9:00am - 5:00pm just until the pregnancy is over. I currently work from 8:30 - 4:30pm however I was rejected. Can I be fired for reaching to work 10mins late. Or can you give me some guidelines about the rules of punctuality.
One 10-minute tardy arrival on its own doesn't justify any type of dismissal.
DeleteIf the tardiness is due to your pregnancy, then you have a strong case to request flexi-hours. Has this been offered to any other employee?
Hi, could an employee who has been working for 18 years at a private own company be terminated from their job due to not abiding by rules that a new manager/supervisor has set?
ReplyDeleteRules are rules. Doesn't matter if it's an old or new rule.
Deletecan a employer force u to work overtime tell u that u have too work
ReplyDeleteNo one can force another person to do anything. However, an employer can request that overtime be worked to ensure the smooth functionality of the business... e.g., to finish a project on time, etc. But of course, the proper overtime calculation must be followed and paid.
DeleteIf we have like, 12 days vacation and our employer decides to rob us of our vacation without telling us, what action can we take ?
ReplyDeleteWhat do you mean by "rob"?
ReplyDeleteUse the contact form to contact me on:
www.jbemploymentconsulting.com
I think that all workers in the Daily Paid employment Public Services has rights . I would like to know how come Trinidad and Tobago is still using an industrial Act from since 1972 when their were soo many ammended versions of Acts and industrial laws after these 1972 Acts have expired erroneously . It begs me to wonder if the Acts and laws ,of Trinidad and Tobago are sabotaged .Another point i want to highlight . I am working for the Ministry of National Security for about forteen years now . What are the rights for me to receive my letter of Permanency ,that states that i am a permanent worker . It begs me to ask hard question like how other workers ,that have been working less time than me obtained their letter of Permanency from their departments and i am biased against with not being given my letter of permanency . Another question how come i as a government worker be placed in harms way because i heard above you all mention that a employer can fire you verbally . and the way in which he can do it right . I am working longer than my employer who got his job from contacts . Just stating . Now since the first day he came into my Department everyday he walk up to me and tells me that i am fired . Do i have rights in dealing with these threats . I called St Anns to find out if there was any out patients fitting his profile and they confirmed that this is soo . What is my steps to dealing with intimidation in the workplace ?.
ReplyDeleteI drafted an Employment Fairness Bill, which should be presented in Parliament after the next general election. Change is coming, mate.
DeleteRegarding your situation, you have rights. All you need to do is contact me via e-mail and we could go forward. Look under "About me".
hi i worked for the privates sector, and during my probation period of 3 months,i was fired on the spot because of false allegations made against me. i was not given any notice nor a chance to respond to the allegations, nor was the matter investigated by the human resource department. furthermore they told me that they would call me when my pay is ready what can i do????? please help
ReplyDeleteNeed more info, so send me a private e-mail.
DeleteIf a company gives you a certain number of sick days to utilize during a specific period and during the period, you have utilized most if not all your days, does the company have the right to let you go, when you are entitled or given these days to be used when you fall ill, please note the normal criteria was in place no sick day in excess of two days consecutively being taken without a medical cert etc.?
ReplyDeleteAlso if you provide a medical certificate for days you have to be away from work based on a registered medical practitioner, should those days be deducted from your sick days, if no does the company still pay you for these days.
No, you can't be fired for taking your sick leave, but your employer can implement a policy to avoid abusing it and using sick leave when you're not actually sick.
Delete#2... aren't those sick days? Where do you expect them to be deducted from?
Good Day , I am employed with a company ( 51% Government owned and 49% Privet owned) I am a one year contract with said company, which ended 3 months ago, under my past contract stated that if I am to leave the company I would have to give 30 days’ notice. My question is:
ReplyDelete1) Am I obligated to give 30 days’ notice even if my contract has ended?
2) Is it legal to work in said company without a signed contract as a contract worker
3) Is the company obligated to pay me any overtime that was made after my contract has ended?
Thank you in advance for your advice.
1, No
Delete2. Yes
3. As long as you've worked for it and earned it, you're entitled to it.
Hi. I work for a private company. My employer stated that she does not give sick leave because she gives a day off every week. Is this right? Also if a worker calls in sick, she deducts the day out of salary. Can she do that, even if a sick leave was provided?
ReplyDeleteIllegal. Contact the union
Deletehttps://www.facebook.com/ttworkersassociation
Hi. I work for a private company. My employer says that she does not give sick leave because she gives the employees a day off. If in the event that someone gets sick and calls in, she deducts the day or days from their salary. Can she do that? If a sick leave was provided for the day or days, can she still deduct?
ReplyDeleteI sent you an e-mail requesting more information.
DeleteWe did not see our employee for a few days, we tried calling but no response. Then, we heard she was in the hospital. Staff members went to visit her, she had meningitis. As to present, she has not contacted her employers or sent a sick leave. She told one of the staff that she will be taking a month. How should I proceed with this?
ReplyDeleteIf she's a good employee, you can allow her to utilize her sick leave entitlement and then offer the balance no-pay leave.
DeleteHowever, if you were my client, I probably would've gone down a different route.
hello and goodnight to you and keep up the good that you are doing for Trinbagoian's people i have an issue .and it with and employee . my name is K.B and i work for and oil company here in Trinidad and work from the shore base facility i have worked their for the past 6 years as a rigger, banks man ,wear house assistant and water Co-Ordinator for the company and still working but last week i was threaten by another employee and verbally abuse i was approach by the employee which pointed his finger about a Centimeter away from my eye telling me quote[you see you ,you i will f***ing kill you, i will kill your f***ing mothers c**t and told me that three times the time was 230 pm and the company has cameras all over the compound all because i told my friends that he said that they stole a bottle of black and white whiskey which was true that he told me but my friends said that they never thief no whiskey it was given to them so when they question him about he denied saying that and because of that he want to kill me so i reported it to the supervisor and then to the police station now i am feared, scared and in panic for my life, because of his treats and all the company did was give him a 1 week suspension and he's expected to be back out to work on Monday 26/01/2015 now i don't know what to do because we use the same lunch room and re-fridgerator so i am afraid to leave my food and drinks that i carry to work for my breakfast and lunch fearing that he may wanting to put things in my food stuff so pls help and give he you best advise very soon thank you
ReplyDeleteThis is not a legal issue, mate. He has already been punished, time to mend the relationship and move on.
ReplyDeletewhere is the answer to my questions i have posted months ago have you forgotten about thin post?
ReplyDeleteSalutations......Hello Trinbago Rights...Is there a sound definition for hourly paid employees in a private company ? I really need clarification on this matter .I am paid salary every two weeks and the company's working hours are from 7 :30 am - 3 :30 pm (8 hour work day) .Their work week starts on Thursday and ends on Wednesday the following week and then the same with the other work week to make the " forthnight". No Sundays but on occasions ,Saturdays, which the first four hours are time and a half and the second four , double after which triple, as advised by the company.However,I've been advised that during weekdays work, the hours worked are accumulated to make up the forty hours.Simply put ,if I work Thur.10hrs ,Fri.6hrs.Mon.8hrs.Tue. 8hrs.and Wed.8hrs.to their calculations the total hours worked would be forty hours for that week..First question, could what be considered as overtime (time after 8 hours per day) be used as basic rate of pay to make up the forty hours for their work week ? As stipulated by the company ,even Saturday's hours ,once worked are subject to this format.Second question, is this common (legal), shifting time/hours from 1 day that was worked past 8hrs. to equalize another day worked under 8hrs and if so,what would be the value of the hour used ? This is also applicablle to Saturdays if worked during that specific week where some days are worked under 8 hours.Being hourly paid ,is the company obligated to provide work at all times to fit their daily stipulated work schedule and if not, days worked less than 8 hours be compensated the full 8 hours? Lastly, the employee reports for work and is informed that work is canceled for that day , should the employee be paid?
ReplyDeleteThe company is operating within the law.
DeleteRegarding being paid for cancelled work, it depends on the type of contract you have. If you tell me, I can give a better answer.
I've been working for a Non- Profit Organisation for the past 6 years and we sign an Employment Contract at the beginning of the financial year. If our funding were to cut and the organization had to lay me off, is there any benefit to me?
ReplyDeleteI don't understand what you're asking.
DeleteI work in the private sector an hasn't taken my vacation leave for the past three years. Can I take all my vacation at once. Is this possible?
ReplyDeleteDepends on company policy.
Deleteim employed with a government agency in Tobago started last year 2014 however while there i took sick leave . While i was on leave i wasnt able to send the sick leave in but they eventually got my leave only to be called into a meeting stating they will call be back to work , at this time i was pregnant . Any way i kept calling them to find out what was the update on if i will resume or not from since December and non stop i been in contact with them . I took it upon myself to go into them and find out the status only to be told i wont be reinstated because of reliability . noting all this time that they had me home i wasnt being paid and no one made attempts to call me . Are those grounds on not reinstating someone ?
ReplyDeleteNo. Contact the union
Deletehttps://www.facebook.com/ttworkersassociation
Im working for aprivate company for the last 10+ years... I was never given any written contract. I'm usually paid fortnightly... However my other Co workers and myself have not been paid for over a month.. What can we do?
ReplyDeleteThe first step is always a letter, either by yourself or someone else giving them 14 days to respond.
DeleteSend me an e-mail.
Do contracted workers have any rights?
ReplyDeleteOf course. Just as much as anyone else.
DeleteWhat is the timeframe for a trainee or apprentice to get promoted? And if the timeframe has passed do that person get back pay?
ReplyDeleteNo time frame for promotions. But a probationary period should not be more than 6 months, with an extension of up to 12 months if the employee didn't score well on an appraisal.
DeleteHi. I am a monthly paid appointed civil servant. Can I authorize a monthly salary deduction to pay off a private debt?
ReplyDeleteThat's a question for your HR/Payroll department, not me.
DeleteWhat is the laws governing dismissal of part-time employees? An employee who works 3days out of a 7day week? Please advise correct course of action
ReplyDeleteThis question is vague.
DeleteWhat are my rights as a contractual worker with a private company for the past 12 years. My contract is renewed annually like clockwork since 2003. Is this legal??
ReplyDeleteYou are considered permanent. You should be receiving full benefits (vacation, etc).
DeleteHi good day, an employer who has not paid N.I.S for eleven months now can it be backdated when he does start paying, and should anything be deducted from my salary when he does start paying. Thanks in advance
ReplyDeleteBeing a member of a trade union, do I have the ability to sue my employer at the high court in a civil matter if I feel I am not being properly represented by my union. I live in Trinidad and Tobago.
ReplyDeleteFunny you asked that... we're currently suing the P.S.A. on behalf of two employees for failure to represent.
DeleteI have worked continuously for my employer for nine years, the business moved from being solely owned to some type of partnership or merger. I was informed that my services would no longer be required but asked to stay on until the end of June in order to train their people. The agreement was that I would be paid my severance benefits at the end of the period. Upon nearing completion of the period I asked if they would hold to their agreement and they said no. What can I do? I have left the job.
ReplyDeleteYou must receive your severance pay. Send me an e-mail.
DeleteI am working for a company , I been given a one month probation , I passed that , after I have been given a six month contract , the contract expired over five months , I have not gotten any word whatsoever , nor any contract or permanency , am I permanent by law ?
ReplyDeleteTechnically.
DeleteIs it legal to pay time and a half to some one working a double?
ReplyDeleteIt's illegal not to pay overtime for anyone working over 8 hours a day. The calculation increases every 4 hours. If I had more info, I could've been more specific. However, you can read the Minimum Wages Act yourself.
Deleteworking 35 years in private company do not want to pay any gratuity now i wish to retire i am 58 years old
ReplyDeleteOk... what's the question?
Deletehello and good day to you , i am kb and i am working for and oil company but under a contractor i am employed for the past 7 years consecutive with out a break in service and was made permanent april the 1/2014 and before never gotten vacation leave or paid for any now the company has presented a retrenchment letter on the 15/07/15 to me to sign and i did because i believe i was being victimize so i just want to know if i have any claims to make for past unpaid vacation leave which i never gotten from the time that i was employed with the com.so please tell me better because i think that the company only wants to pay vacation leave from the date that i sign in as permanent which is April/1/14 now i no this as a fact because i ask the question and they told me that i was not permanent at the time only from April/1/14 i was officially permanent and about the victimization i was the fifth worker to join the staff that was on the field at that time and five other person join the after me to be on the field so my retrenchment letter state states that it a last com first go basis any yet still it has 2 other person that still there which did not receive any notice at all and they came after me so pls advice me on my issues thank you very much in advance and also keep up the very good that you are doing for the local citizen of Trinidad and Tobago
ReplyDeleteI became permanent in my Job in May 2015. I took some sick days during the period January to April. I know when you become permanent you are allowed 14 days sick leave. Am I still entitled 14 days from May 2015 or I have to deduct the days taken before I became permanent in the company.
ReplyDeleteSick leave either runs from the calendar year (January) or the anniversary year (date of employment).
ReplyDeleteIf your company follows the former, you sick days continue regardless of your permanency. Permanency doesn't form a new contract because you continue in your job. It's like getting promoted. It doesn't mean your employment has restarted.
By the way, you're entitled to full sick leave from day one.
can a private employer fire you?
ReplyDeletei worked in a bar but he never told me why i was fired. im guessing it was because i dyed my hair blue (quite noticeable) or i wouldnt succumb to his flirtations.
he didnt fire me either, just gave me days then a week off repeatedly and said hed call me back but never did.
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Deletehi, i have a question. I am an employee of the Ministry of education. I was on contract for a 3yr period at ECCE. However in the last 19 days before my contract ended i went on vacation. Within this period I took up another post at the ministry of education. I was told that I forfeited my gratuity for the first post as I started another post during my vacation. I never got a contract stating my terms regarding gratuity. The labour office informed me that I can do whatever I want on my vacation once it doesnt infringe on the contract. I eventually was forced to hand up a written resignation letter even though I sent a letter stating that i will no longer be accepting any contracts from ECCE. Is there anyway I can still get part or most of my gratuity?
ReplyDeleteWithout a contract, there is very little I can do by way of providing information/assistance.
DeleteHi, I'm working for a private company for two (2) years and I know people working there for five (5) years and we are not permanent. What's the legal time period for permanentsy? $25 per hour. Thanks in advance.
ReplyDeleteMy husband was fired from his job without any written notice. After 1 year of service to the private/family owned company. He was working for another company and they called him back to work. The time he usually work was from 8 - 4. However with this contract they never specified what time indicating that he will be working from 11 - 6. This conflicted with his personal duties as a father who has to pick up his kid from daycare at 4-6pm. He worked Saturday and Sunday from 11 - 6pm and on Monday he called indicating that he will not be at work today because of finance to get to work. They said ok come out to work tomorrow. The HR manager then called him and said that the Boss said to terminate your contract. They give no explanation no warning, nothing. He left a job he had to come back to work for them and then they fired him one week later. Now he has no job and he has a family to take care of please help. We are trying to understand what he did wrong. They are not telling him anything?? Please Help.
ReplyDeleteContact us at 223-6529
DeleteHi I'm a contract worker my superior requested my colleagues and myself contracts renewed however the controller refuses to send the letter to the Permanent Secretary for us to get approval
ReplyDeleteMy employer is unable to pay the wages of all his employees including myself. This has been going on for some months now, some as far back as March 2015. What should we do to get our salaries?
ReplyDeleteContact the Trinidad and Tobago Worker's Association: ttworkersassociation at gmail.com
DeleteGm,
ReplyDeleteI was employed as a warehouse assistant supervisor for a private company at the end of Sept which I was on a three months probation. When asked about my duties I was told that the position is new and they are trying to gather them and for the mean while I should work with the supervisor and as soon they came up with my duties I will be informed. After working for a Month i was told that my service not needed and I was not performing in the position and was fired immediately what legal grounds do i have and how can i go about it.
email our trade union: ttworkersassociation at gmail.com
DeleteGm,
ReplyDeleteI was employed as a warehouse assistant supervisor for a private company at the end of sept and which i was put on a three months probation.When I accepted and ask what is my duties I was told it is a new position and they are working on my duties but for the mean while I should work with the my supervisor until they can inform me of my duties. A the end of the first month I was told that my service is not needed and I was not performing in the position. What is your advise.
Hi. Great work. I would like to ask:
ReplyDeleteWhat is the proper procedure concerning job abandonment? I am aware that there is a requirement that there is some attempt made to contact the employee, so the employer cannot just treat the job as abandoned without first attempting. I am told that this is done by registered mail to the employee's listed adress if no phone contact is made.
However, this can take locally, a week or more to be received in the mail. So how does the 3 day rule work if the employee replies a week later and says they only just received the letter and wants to keep their job. This means that 1 week PLUS 3 days has already passed. Does it mean that the employee keeps their job but is disciplined for being absent without leave?
The day-limit is not strict. The most important factor regarding job abandonment deals with the intention of the parties.
DeleteIf an employer is sure that certain employees are submitting "purchased" bogus sick leave certificates, is it lawful to publish a list of company doctors spread across the country and reserve the right to only accept sick leaves from doctors on the list?
ReplyDeleteHi, is an employee entitled to a Paid lunch period?
ReplyDeleteDepends on industry.
DeleteGood Day,
ReplyDeleteI am an OJT- On the Job Trainee. I was shouted at by my supervisor three times on the same day at the same time. He then dismissed me for the evening which was on a Friday. He is not the supervisor on my contract I am to report to or is responsible for me. On the Monday, he gave me a dimissal letter/fire me. I was not given any notice, no verbal warnings, just a dismissal not to return. I was given nothing to sign. What advice can you help me with.
Thank you.
Contact our union 688-4006
DeleteIs it legal practice for a company supervisor to "blacklist " employees in terms of achieving a positive result in the company
ReplyDeleteRhetorical question... you already know that it's not.
DeleteHi I recently started working for a company so I was on a probation period , however I called in sick one day 4 hours before my shift which I was advised, a few days later I got a call stating never to return to the job because of my absence I'm in shock what do I do ? Is this right???
ReplyDeleteOf course not. Contact our union 688-4006
Delete