Wednesday, 15 May 2013

Severance Pay Entitlement


Q: A few questions on this topic have come through recently.


A: Severance pay is usually only paid to workers who have been made redundant or retirees, and in very rare cases, people who resign can also qualify. An employer is not required to pay severance to workers if everyone is being severed, owing to the fact that the business is being closed down; however, the employer must pay severance if only a portion of the workforce is being made redundant. 

Firstly, according to Section 6 of the Retrenchment and Severance Benefits Act 1985, the employer is required to give the employees 45 days notice in writing.

Secondly, your rights (if you qualify): 

Severance Benefit Entitlements in Trinidad and Tobago
18(1) Where any part of the employer's retrenchment proposals is eventually put into effect, severance benefits shall be payable by the employer to the retrenched worker in accordance with this section.
(2) Where the retrenched worker is covered by a registered Collective Agreement, the terms of which with respect to severance benefits are no less favourable than those set out in this Act with respect to severance benefits, the provisions of the said Collective Agreement shall apply.
(3) Where the retrenched worker is not covered in the manner set out in subsection (2), the minimum severance benefits payable by the employer are as follows-
(a) where he has served the employer without a break in service for between more than one but less than five years, he is entitled for each such completed year of service to two weeks' pay at his basic rate if he is an hourly, daily or weekly rated worker, or one half month's pay at his basic rate if he is a monthly rated worker;
(b) where he has served the employer without a break in service for five years or more, he is in addition to his entitlement under paragraph (a), entitled for the fifth year and for each succeeding completed year of service to three weeks pay at his basic rate if he is an hourly, daily or weekly rated worker, or three-quarters month's pay at his basic rate if he is a monthly rated worker.
(4) For each period of service amounting to less than a completed year of service and in respect of workers who qualify under section 5(1)(d), payment shall be calculated on a pro-rata basis.
(5) Every worker to whom this Act applies retrenched on or after 1st January, 1985, is entitled to the severance benefits contemplated by this section regardless of the number of workers in his employer's work force.
(6) This section shall not apply to a retrenched worker who is eligible to receive from his employer terminal benefits that are no less favourable than those set out in this section.


---In order to qualify for this benefit the employee must fall within the definition of ‘worker' in the Industrial Relations Act 1972, as amended, which says:

“worker”, subject to subsection (3), means— (a)any person who has entered into or works under a contract with an employer to do any skilled, unskilled, manual, technical, clerical or other work for hire or reward, whether the contract is expressed or implied, oral or in writing, or partly oral and partly in writing, and whether it is a contract of service or apprenticeship or a contract personally to execute any work or labour;

(b)any person who by any trade usage or custom or as a result of any established pattern of employment or recruitment of labour in any business or industry is usually employed or usually offers himself for and accepts employment accordingly; or

(c)any person who provides services or performs duties for an employer under a labour only contract, within the meaning of subsection (4)(b

 

The following are exceptions to the IRA's definition of a worker:
  • workers with less than one year continuous service;
  • workers on probation;
  • casual workers;
  • seasonal workers;
  • fixed term workers;
  • independent contractors
 



 The Retrenchment and Severance Benefits Act is one of a few pieces of legislation that allows the non-unionized individual worker who alleges non-compliance with the Act, to take his or her matter to the Industrial Court. The worker may take his or her complaint to the Minister of Labour where it is reported as a trade dispute and dealt with as such according to the provisions of the IRA.

 An employer who contravenes the Act is guilty of an industrial relations offence and liable to a fine of $10,000.


261 comments:

1 – 200 of 261   Newer›   Newest»
Anonymous said...

What are the rights to benefit: If a person is leaving the job to migrate as a monthly paid employee and is not in a collective bargaining unit

Anonymous said...

How is severance paid to an employee, who has worked continuously for the past twelve years and is resigning the job to migrate?

Trinbago Rights said...

Severance is not paid for retirement. You probably mean gratuity or annuity, and that's determined by your employer.

Trinbago Rights said...

That will be determined by your company's HR department and should be in your contract.

Anonymous said...

At my establishment, we have an employee who is reaching the age of 65. He indicated that he would like to resign from the company at this age and is of the belief that we should pay him severance. He started with the company on January 10, 2005 and as a result has only been with us 8 years.

Robert Goberdhan said...

I work for a company for 7 years, i got a week notice that dey sellin out. Am i entitle to severance pay?

Trinbago Rights said...

You cannot get fired because there are new owners. That is not redundancy.

Trinbago Rights said...

Severance is only paid for redundancy. Retirement is not redundancy.

If the company has no gratuity or annuity plan in place, he should be applying to get his NIS pension.

Anonymous said...

I worked for a company for 5 years. The owner decides to lease the business to a foreign corporation. Said corporation agreed to retain the services of all employees under their care. What is the employers responsibility to his employees and what are the employees entitlement?

Trinbago Rights said...

Nothing changes.

Anonymous said...

My employer an international company is selling. If the new owners decide to make staff redundant, would they have to pay severance?

Mrs.W said...

Man husband resigned from his job after 9 years is he entitled to any monies for the length of service.

Trinbago Rights said...

This blog already answered your question.

Mrs.W said...

Really wasn't the advice I was looking for but thanks anyway smh.

Trinbago Rights said...

Resignation is done at your own free will, unless it is constructive dismissal. Retrenchment pay only deals with redundancy.

As a result, unless the company has a benefit package dealing with annuity or some other kind of benefit, he is not entitled to anything.

Anonymous said...

I am employed with a company for 13years in 2009 i had C section no live birth,got a letter to return to work before 46 days recommended certify leave. I went back to work before healing properly for fear of termination, i develop complications due to daily stair climbing to my office . now in 2013 December, apply for Vacation employer says I use up more than 14 days sick leave per year for 2009 and 2010 therefore i am not entitled to paid vacation for 2013

Aleem Ali said...

I own a small business with one employee. The company is going through hard financial times and see no other option to let her go. Are we entitled to pay this employee any monies after her 45 day of notice of the termination of her employment.

Trinbago Rights said...

No, redundancy does not apply in this instance.

Trinbago Rights said...

Depends on your length of service.

Anonymous said...

Hi i own a small company and some workers are under contract, if i choose not to renew the contract am i suppose to pay any benefits to them

Trinbago Rights said...

Not renewing a contract must come with a reason; performance or redundancy. If it's redundancy, you will have to pay severance benefits.

Trinbago Rights said...

Absolute madness. You were ordered back to work before the required period by your doctor?

Anonymous said...

Hi I have been working with a company for 8 years now and they are looking to terminate me on medical grounds. I would like to know if I am entitled to any kind of compensation?
If so can you guide me accordingly?

Trinbago Rights said...

What kind of medical grounds? Send me a private e-mail.

JGDcar said...

Ive been working for 9 mos and my company decided to terminate my service reason being is that the project has completed and no others areas that they can relocate me. I was given a 45 days noticed that will end on the 28th of February this year. My question is, Am I entitled to receive a severance pay?

Trinbago Rights said...

No. You must have been working for at least 12 months continuously

Anonymous said...

Hello,
I worked with a company in education for 13 years which ended in 2011. I have yet to receive gratuity. Other workers who left received theirs, they claim to have no funds. What steps do I take?

Trinbago Rights said...

Well, your first step is always to put your issues in writing to HR, either from yourself or from someone like myself.

Anonymous said...

I have been employeed with a security company for 20 years. I was appointed acting General Manager a year ago. I was accused of Miscoduct and inappropriate behaviour and suspended for six weeks with full pay pending investigation and a hearing. However, details of the investigation reached regular officers and to other companies. A notice was placed in the office that I am not allowed on the compound of any contracts the company has ( including public places ). Part of my salary included a gas allowance ( card ) which have been deactivated. Also the phone number that was assigned to me for the past six years was cut without informing me. Part of my salary goes towards paying this phone number. All this happen the day after I got the suspenion. Do I have grounds for constructive dismissal ?

Anonymous said...

I worked for a private company for15 years. I resign the job with two weeks notice, am li entiled to any sort of payment besides my holiday and sickleave money.

Anonymous said...

I worked with a company for 33 years within that time they say retirement age is 60, I am now home. what am I asking the company for?

Trinbago Rights said...

Retirement benefits are only dealt with in your contract... law doesn't cover that.

Anonymous said...

My mother has grown very weary of her job as the workers and her boss make her job more stressful on her than should be. (She works as a cashier in a horse racing institute.) As such her medical condition has become worse over time. If she leaves on her own accord, would she be entitled to anything?

Anonymous said...

Good Day, If the landlord breach a term in the contract and he proceeded to forcefully lock up the building making me not able to open as well as my staff not being able to work. Question do I have to pay my staff for time closed even though closure is not my fault?
Also do I have to pay them severance if I further decide to close down the business?

Trinbago Rights said...

Yes, you have to pay them for today.

No, you don't have to pay severance benefits if the entire business is closing down.

Anonymous said...

Good morning admin my employer gave me a termination of service due to redundancy. They paid me for the 10 days which i worked in march but there is a problem carnival monday and tuesday they didnt not add which would have been 12 days. Now in the past 5 years i have been working they paid me for those non public holidays. I accepted my 1odays paid for march. Thats issue #1. The 2nd issues is that they gave me only 1 month salary upfront which amounts to 20 working days, now i saw on this website states it suppose to be 45 working days by my hourly rate. What should i do? The 3rd issue is my servance pay is 70days according to my employer. I have worked 5 years 6 months how did they get 70days? isnt it 10days for the first year? an 15 days for the othe 4 years what about my half year i made? I joined a union and union is so busy they havent address my matter as yet. Please enlighten me a bit about where i stand? Thank you.

Trinbago Rights said...

What you get for severance is dependent on how often you get paid; i.e. weekly or monthly.

45 days notice is the minimum, if he has blatantly ignored section 6 of the Act; the next step is a letter from myself.

If you have always been paid for Carnival, it is now an implied term in your contract and your employer cannot stop paying now.

Anonymous said...

After four years of continuous service, my employer terminated my employment with absolutely no notice. Am i entitled to severance or retrenchment benefits?

Trinbago Rights said...

No, but you're entitled to compensation for wrongful dismissal. Send me a private e-mail.

Trinbago Rights said...

That depends on your contract and/or company policy.

Anonymous said...

If my employer of seven months gives me a contract, but the contract does not states how much notice to give when resigning. How much notice I should give if any, when resigning.

Trinbago Rights said...

1 week is sufficient, considering that 12 months haven't yet passed.

Anonymous said...

Hello,
I have worked for a private company for the past 16 years as a Admin Secretary recently my boss raised a few employees, I did not get a raised for the past four years. When I asked him about raising my pay, he complained how things slow, and only raised it about a few cents per hour. I was not happy about it and I told him I did not accept this raise. He said he cannot do better until Company gets work . Being a good employee still continued working as normal. He became abusive after a couple of incidents at the office and said my attitude changed. I was a bit surprised, I could not handle this, so walked out of job. I went in and delivered my resignation letter a few days after, I did not give two weeks notice. Will I be entitled to severance benefits now that I have resigned?

Trinbago Rights said...

No

Anonymous said...

How long after the 45 days notice of redundancy is a company required to pay severance

Anonymous said...

I have worked for a company for 6 yrs. The owners are from Jamaica however they are registered here in Trinidad.
They decided to close down due to financial reasons, but hasn't given the staff anything in writing. The local manager says the owners want to give us 60% of our severance but to be paid in three parts. No 45 days notice and no last mths salary.
Is this acceptable?

Trinbago Rights said...

If the company closed down completely, no one is entitled to severance pay.

Trinbago Rights said...

Within 30 days.

Anonymous said...

I have worked with a company over 8 years and I am currently on sick leave for more than 4 months.(On treatment) One member of the Department's job became redundant; Do they have grounds to make my job also redundant? And if so; would they be required to pay me severance?

ATH said...

An employee has been employed on continuous contracts for 10 years and has been receiving gratuity payment at the end of each contract. The position has now become redundant. Is severance payment applicable?

Anonymous said...

good day, i resigned after 6 years of employ from a Private company.Am i entitled to severance?

Trinbago Rights said...

Only redundant employees are entitled to severance pay. You resigned...

Trinbago Rights said...

Absolutely.

Trinbago Rights said...

It's possible that any job could become redundant at any time.

Yes, you must receive severance benefits.

Anonymous said...

I have reached the age for retirement worked for a company for four years but each year was incomplete eg 48 weeks 36 weekes 47 weeks etc am i entitled to get seveance from my previous employer

Anonymous said...

I have worked for a private company for the past 14 yrs. I am willing to be severed and rehired on contract as the business needs requires. What am I entitled to?

Christine Mahadeo said...

Good day, I have worked for this company for just over 2 yrs, now my boss is closing down the office and is going to manage things from home as there isn't much work so he has given me 2 weeks notice written notice( 1 month Verbal). Am i entitled to a severance payment? The company is not closing down, it will remain functioning its just the office he is closing.

Anonymous said...

Good Day, I have worked for a company for 10 years. My employer is has decided to close the company. What benefits can i obtain after my ten year service and is a month notice enough.

Anonymous said...

I have 17 yrs service with a private company and is thinking of severing my service and being rehired on contract as business needs

Trinbago Rights said...

Not sure why anyone would do that.

Trinbago Rights said...

Read the above article for your answers.

Trinbago Rights said...

Would he be the only 'employee' remaining?

Trinbago Rights said...

Bad idea...

Anonymous said...

worked somewhere for 6 years, new boss they hired was annoying to work with so i sent in a resignation letter and decided to leave,am i entitled to anything?

Trinbago Rights said...

No.

Trinbago Rights said...

Please read carefully to understand the circumstances where severance applies.

Anonymous said...

Does traveling allowance classify as "Basic Pay" when calculating severance?

Trinbago Rights said...

An "allowance" can never be part of basic pay.

Anonymous said...

On being given 45 days notice you are terminated immediately. Do you get the 45 days pay in lum sum or is it paid weekly

Trinbago Rights said...

It's usually a lump sum payment, but I guess there's nothing illegal about paying it weekly, if they choose to.

Anonymous said...

When made redundant, if you have pending vacation can the tell you that it's included in the 45 days notice or is this paid separately by law. 3 weekes vacation plus 45 days notice plus severance ? Thanks

Trinbago Rights said...

Vacation is separate from the redundancy notice period.

If you want this dealt with, let me know.

Anonymous said...

OK thank you. One more thing i recieved my retrenchment letter today and it states that the 45 days as calender days and only the work days within the 45 will be paid. Is that how it is done

Trinbago Rights said...

The 45 days is paid at the same rate at which you worked. So yes, you would and should only be paid for days that you would've worked.

Anonymous said...

One more question...if the company say take your 45 days notice and you are not required to come to work for the notice period. Also they include the 3 weeks holiday in the 45 days. Is that legal ?

Trinbago Rights said...

You're not quite clear, but I'll attempt to answer what I think you're asking.

Employees are required to work as normal during the 45 days notice period, unless of course, they're paid in full and told to stay home.

Holidays are in addition to the 45-day notice period. Therefore, it is illegal to include the 3 weeks holiday in the 45 day notice period.

Angelia Mc Pherson said...

Hi I have worked as a daily paid for the past 30 years. I am now taken up a monthly paid position. Can all my service be counted for pension and retirement purposes

Trinbago Rights said...

Your service is continuous.

Nicole said...

I worked for a company for 2 years as a monthly paid employee who are entitled to an annual performance bonus. I resigned from the company 5 days before the 2013 performance bonus is due to be paid (I tendered my resignation for August, but was told I was not required to work my notice period). I know that I will be paid for my notice period despite not actually working it, but am I also entitled to my 2013 performance bonus?

Trinbago Rights said...

Yes, as long as your performance was already evaluated before you tendered your resignation.

Anonymous said...

I worked at a private company for 13 years. I resigned in January 2014. The increase in salary was under negotiations for the past 2 years. They reached an agreement recently. Am I entitled to the increas in salary for 2012 and 2013

Trinbago Rights said...

No.

Anonymous said...

I worked with a company for fourteen years, will be sixty in three months and, will be retiring. what benefits am I entitle to?

Trinbago Rights said...

Only your contract will have that information.

Anonymous said...

I was employed at a company who had a seemingly nice severance and retrenchment policy, however they have changed this policy and have started releasing persons who have served for many years under the previous policy. Does anyone being severed under this new policy have a case or does he have to accept it and count himself unfortunate.

Trinbago Rights said...

If the severance policy was in the contract at signing, it cannot be changed without the employee agreeing to it.

Anonymous said...

I was retrenched from a company who didnt even hold discussions with me concerning options for other departments to transition to. However i did ask on many occasions to be sent to other departments that i saw vacanies on the organisational chart. I was only told they are not filling these positions presently and i was cut. Do I have a potent case or not.

Trinbago Rights said...

Is it a genuine redundancy? Your position is no longer needed in the company?

Anonymous said...

My husband was given a letter with 1 week notice of the company he works with ..(which is a private company)is closing down and their services is no longer needed ...1 is that redundancy or retrenchment. 2) what percent of their pay will they receive if they are weekly rated workers for each year served.3)because it is a privately owned company are they entitled to anything and 4) how long should payments take??(they gave them 3 months waiting time to b paid)

Trinbago Rights said...

If the company is closing down and everyone is being retrenched, they aren't entitled to severance benefits.

Anonymous said...

I was designate by my manager to go on a course to acquire a certain position in my company, however managers changed and the training was put on hold. I was then informed a few months after by my new manager that he was unaware that i was designated before for the training which was a lie because he was the one who signed off the document approving it at first. The department began restructuring and i was retrenched and the new person who did the course was kept although i was employed years before him. Do i have a case here to persue or am i wasting my time.

Trinbago Rights said...

I have way too many questions. Send me a private e-mail.

Anonymous said...

A company was closed down but will be re-opening under a different name in a different location. They continued paying the permanent staff they had that they intended on keeping whilst the company was no longer in operations. The New company is about to open and they have decided that one particular worker who was a supervisor, they do not wish to keep. 1.Can you advise if the worker should be severance or can they just let go the worker. 2. What benefits is the worker entitled too as the worker have been with the company 1 year 11 months and 22 days?

Your speedy response will be greatly appreciated.

Trinbago Rights said...

1. Severance payment is required.

2. The calculation is in the post.

Anonymous said...

If there a company has a manager who does not perform her job functions and constantly stays home more than 3 days but always gives an excuse and most time on her return brings a sick leave. 1. Can the company terminate her using these grounds without paying a severance? She have only completed 1 year with d company.

Your speedy response will be greatly appreciated

Trinbago Rights said...

You clearly didn't read what severance payment is for; re-read the post.

That employee can be easily fired... just follow a disciplinary procedure by giving at least a verbal and writing warning, giving time frames for the behaviour to be rectified.

Nicole Patrick said...

Is there a formula, rule or any laws in place for someone who have been injured on the job and cannot return back to work in any capacity because of permanent or permanent partial disability please answer

Trinbago Rights said...

No. If it doesn't fall under Workmen's Comp., the employee isn't entitled to any payment.

Trinbago Rights said...

No.

Anonymous said...

Is gratuity calculated by a set percentage? or is it solely up to the employer?... (I have a 3 year contract, yet I have not seen or signed the actual contract).

Trinbago Rights said...

Employer's choice, unless it's the public sector.

Anonymous said...

Hi if I have been working for a private company for 4 years and was served a termination letter with one month notice am I entitled to anything. The letter indicated my contract expired and will not be renewed. I have been getting a yearly contract.

Trinbago Rights said...

What's the reason for non-renewal?

Anonymous said...

No reason was given just a non renewal on the contract.

Trinbago Rights said...

Send me a private e-mail.

anonymous said...

Hi I have resigned my post at my present workplace. I have worked here for over 2 years and im on a yearly contract. My company has a gratuity plan in place whereby I am entitled to a gratuity after each year of service. However i have resigned before completing my third year. Am I entitled to any grat payment?

Anonymous said...

Is gratuity calculated by a set percentage? or is it solely up to the employer?... (I have a 3 year contract, yet I have not seen or signed the actual contract).

In response to your reply: It is the public sector, I work for a Government Ministry.

Trinbago Rights said...

Solely up to the employer.

Trinbago Rights said...

If the contract says "after each year of service", you'll only be entitled to 2 years gratuity.

Anonymous said...

i work in the public service as temporary clerk 1; if i resign, would i be entitled for any money?

Anonymous said...

i have been an temporary clerk 1 for the past 10 years

Trinbago Rights said...

No

Anonymous said...

Good day, I received my gratuity from my institution and it was less than I was suppose to receive. In questioning why, I was informed this was due to me being paid half my income during the maternity period. Is this right. Hope I was clear in question.

Trinbago Rights said...

I don't understand... gratuity doesn't have anything to do with maternity leave payments. Send me a private e-mail.

Anonymous said...

I have been working for a private company for the past 14 years and they are trying to force me to quit. What do I do? Am I entitled to any benefits if i leave? Am I entitled to anything if they fire me? Please advise me accordingly. No contracts were signed.

Trinbago Rights said...

Since no contracts, were signed, did any other employee receive anything when they left? If no, you have nothing to get... unless it's redundancy.

And when you say forcing to quit, is this a basic resignation on your part, VSep or constructive dismissal?

Anonymous said...

No employees got any thing when they were fired. They have not been paying NIS since 2009. everyone else left or was fired and I am the only one left. They opened a new company which I have been running for the past 6 months and then they sent me on paid vacation and then when I returned they moved me and put me back in the office by myself with no job profile just to do whatever they ask me to do and now everything I do they find a fault and says I have short comings.Everything is a problem and its very frustrating. Don't know if to leave or wait for them to fire me cause its seems that's what they are aiming for. there is No VSEP. So I really don't know if I will get any kind of severance or anything at all. I am lost.
Any advice?

Trinbago Rights said...

"Not paying NIS" as in not deducting or deducting and not remitting to NIB?

Anonymous said...

yes he was deducting the Nis and not paying and now he is not paying it period no deductions

Trinbago Rights said...

Ok, we should report that to the NIB...

Also, concerning your job, don't quit. Let them fire you... hopefully it will be without due process and you'll have a claim for wrongful dismissal.

Send me a private e-mail.

Trinbago Rights said...

Absolutely. Sorry for this delayed response, but it's so far now. I should've seen this earlier to help you.

Anonymous said...

Ok Thanks how do I send you a private email.

Trinbago Rights said...

"About me"

Anonymous said...

My employer has promoted me at my same salary weekly he then give me extra duties which he payes me extra on month ends with out any deduction to nis what shall I do

Trinbago Rights said...

This has nothing to do with Severance Pay, so I don't know what you're asking. Writing without punctuation doesn't help either...

Anonymous said...

Do you believe there to be gaps in our retrenchment & benefit legislation? And if so can you name a few please.

Trinbago Rights said...

Does a bird fly? This is part of my PhD research...

To find your answer, do a comparative analysis on similar legislation from other countries.

Anonymous said...

well at least thank you for telling me how to go about it. i have to find out this info for a project we have at school.

Trinbago Rights said...

Yea, I figured it was homework... hence my answer. Good luck.

Anonymous said...

I have been working for a company for 2 months and on Friday they gave me 2 weeks notice because they have decided to close down and rebuild and as a result my position has become obsolete.
My contract states, "The company may terminate your employment without cause on giving you at least two (2) weeks’ notice in writing or paying two (2) week’s salary in lieu of such notice."
Are they required to pay me on or before the date I have to leave?

Trinbago Rights said...

Actually, they owe you 45 days pay, not 2 weeks. After catering for weekends, that's still about a month's salary.

That contract term is also illegal... this is not America, you cannot be terminated without cause in Trinidad and Tobago.

Anonymous said...

I have been employed with a company for almost 3 years. The first year I was on a month to month contract with no benefits. From the second year I was given a 2 year contract with some benefits. I will be resigning from my position 8 months before the contract ends. Will I be able to claim for gratuity for the 1st year I worked ?

Trinbago Rights said...

Gratuity is not law. You're only entitled to gratuity if it's in your contract.

Anonymous said...

I was employed in a Company for 3 years, they served a number of us Retrenchment Letters ( did not get 45 days notice ). They claimed our positions were redundant, yet after they sent us home, they employed other people to do the same jobs they claimed were redundant. What can be done ( if anything ) about this?

Trinbago Rights said...

It seems that it may be wrongful dismissal.

Look under the "About me" section above and send me an e-mail.

Anonymous said...

I have been employed at a state company for 5 years 9 months. During this time the company changed names & functions & talk of severance was heard.
Several managers were given severance packages.
I am currently functioning as manager without any written contract and without compensation. The board is due to change in January and talk of severance came up. If my services are severed from the company and my compensation for the last five years was $20000 monthly, I will receive:
(0.5 x $20000)x5= $50000

Is this calculation correct?

( group life, pension and health insurance remained under the previous company's name, but that's a different issue)

Looking forward to your response.

Cheers

Trinbago Rights said...

That is company policy, nothing to do with law.

Anonymous said...

I've worked with a company for 3 years. I have resigned and gave them my 2 weeks notice. Am I entitled 'service pay'?

Trinbago Rights said...

I've never heard of "service pay", and I don't think it exists... and if you meant "severance pay", you're not entitled to that.

Anonymous said...

Service benefit is implemented as part of OWTU agreements with companies. It provides for the permanent worker who has separated for any reason other than redundancy. However, I want to know if this is part of law.

Trinbago Rights said...

It's not...

Anonymous said...

how much notice do you have to give an employer of 4 years of termination/ resignation?

Trinbago Rights said...

There's no law on employee notice, only employers. You could resign with immediate effect, but the right thing to do is probably 2-4 weeks notice.

Anonymous said...

If you work in a private company and give them a resignation letter (on Thursday) effective two weeks from the date of the letter ..month end. The Manager was not in and you left it on their desk, and sent them a text informing them of the same,. They never replied, but you know they came into the office over the next couple days. You have a regular shift Monday to Thursday but sometimes you are called into work Friday, Saturday, Sunday or anytime that you may be needed. This weekend you were not called. When you came to work on Monday to report for your shift you were told that the letter has to be immediate and you were not allowed to take up duty, This is in the Media Industry . They had someone come in to work your shift. The person was not as qualified as you.

Would that be considered wrongful dismissal, and can any compensation be had even though the resignation letter was sent, but was not yet at its effective date?

Anonymous said...

My past employer forced me to resign after working there for 7 years and was suddenly victimizing me daily always finding fault because of the fact I was in my 50's and was publicly and verbally abusing me openly in front of other workers, to leave the job so that he would not have to pay me retirment leave that is the norm in that company to avoid any benefits to employees, he went so far as to threaten me to be at the work
place 1 hour earlier, this was not in my contract. As a result i told and was forced to resign, without any compensation. this happened 8 moths ago. I was a very good worker but there was an age, gender and religious discrimination against me. Can I get any redress and compensation for this?

Trinbago Rights said...

Definitely wrongful dismissal, mate. If they choose not to have you around during the 2 weeks, you have to be paid for it, along with your outstanding vacation, etc.

Trinbago Rights said...

This is considered constructive dismissal, but you're 2 months too late.

jane said...

Good day , can a redundant position only apply to one person . eg working as a cashier at a store that require 2 cashier's my position as the other cashier became redundant and the other cashier position wasnt.

Trinbago Rights said...

Yes, it can apply to 1.

Anonymous said...

I resigned my job after 30 plus years of service. Am I entitled to anything? I wasn't even thanked for my service.

Trinbago Rights said...

Unless there's a gratuity in your contract, there's no entitlement to anything.

bagogal said...

i have been employed since 2011 with a government organisation and have been working on contract right through, since my service was never broken it means i have been working as a full time contract employee continuously. Therefore we are no in 2015 and i have been catching my royal to get my gratuity payment for the period 2011 to 2012 and from 2012 to 2013 and i have in writing where my contract states that i am entitled to 20% of what i have been working for. My appraisal was done for the 2012 to 2013 period given that when i first started to work with the company, we were not under the management of any government organisation but now that we are under a government organisation the 2011 period to to july 1st period was done as a gratuity payment instead. now i would like to know how soon i should be writing formally to ask or inquire on what is owed to me because i have inquired and made several complains to various heads of authority already so i would like to know what actions can be done to speed up the process to get my money for those two outstanding periods because my two year contract from 2013 to 2015 will soon be up and that is going to be another set of gratuity payment to be made payable to me and its going to cause more than a backlog if they dont start pushing put payments for those outstanding periods.

Trinbago Rights said...

Is it just you? Are you unionised? Please send me a private e-mail instead.

bagogal said...

whats your email address, am not seeing it?

Anonymous said...

After 12 years of employment with the government and retiring on the grounds of marriage in 1997 is there any eligibility for pension at retirement age

Anonymous said...

I was terminated from my job, and I got a termination letter stating no later than 60 days all outstanding payments would be remitted to me. Is this a legal thing, or how long should the company take to pay my severance benefits.

Anonymous said...

Employees received a notification that another employee will be resigning as at the end of February. However, HR has not received any letter of resignation. HR has been asking, but has not received anything yet.

What are the consequences of not having a document with that employee's signature stating that he/she has initiated the exit from the organization?

Trinbago Rights said...

I'm not sure if you were fired or made redundant.

Nonetheless, section 22 of the RSB says payment must be made within 30 days.

Trinbago Rights said...

There aren't any consequences.

Trinbago Rights said...

Pension from the government or NIB?

Anonymous said...

I was not fired the workers were terminated because our company was not getting paid by the company we were working for.

Anonymous said...

If after the 30 days we are not paid our severance is this illegal and what action can be taken in terms of the situation

Trinbago Rights said...

Very illegal... send me an e-mail.

Anonymous said...

I worked for a private company for 16 years and was suspended with pay for misconduct. I resigned after a couple of days and the employer sent me a letter stating that had I not resigned I would have been fired. I have vacation inside but have not been paid for it after 30 days. Additionally the company has a pension plan, am I entitled to anything?

Trinbago Rights said...

You're entitled to your vacation payment, but maybe not the pension. Depends on the company policy, the plan and your contract.

Anonymous said...

is there a time frame in which the vacation payment must be made? I resigned on Jan 23 and salary is paid 23 monthly and I was not paid for vacation in February. When I contacted the HR manager, he said he knows he has to call me ......

Trinbago Rights said...

All payments after termination are due within 30 days.

Anonymous said...

I'm working for a contractor almost 7 years now they issue a retrenchment notice to their workers on the given date to pay back pay which they agreed to pay.this agreement was signed off at the ministry of Labour in front of the minister.no back pay was paid so do my employer still have to pay back pay n severance

Trinbago Rights said...

Retrenchment has nothing to do with back pay, so I don't know what you're talking about.

Anonymous said...

Pension from government

Anonymous said...

Hi I am employed with a contractor, and i would like to know who is authorized to sign and initial the employees td4's, is it the employer, accountant or HR Asst or any employee working in the payroll or admin office. The reason being that I being the latter was instructed and told that any one could sign the td4's would like to know which is correct. Also how do you calculate paye on a salary of 5.5 T /mth. since the company deducted 732. taxes from that amt. I have a concern.

Anonymous said...

We have a small business and need to retrench 1 employee out of 9. Does she have to be paid severance and what are the rates that apply?

SSS said...

If an employee is a senior employee and causing dissent in the organisation by ill speaking management and trying to encourage indiscipline and lack of motivation, what are the legal ways a company can use to dismiss said employee?

Trinbago Rights said...

Follow the disciplinary process.

Trinbago Rights said...

Severance after 12 months continuous employment. "Rates" depend on years of service.

Anonymous said...

I have been employeed with a company for almost 4 yrs. In January I was given a retrenchment letter and was asked to leave immediately. I still haven't received the severance pay. How long does this normally take and is it illegal of them to not give 45days notice that I was being terminated?

Trinbago Rights said...

1. They don't have to keep you employed for 45 days, but you MUST be paid for it.

2. The time frame for severance payment is 30 days from the end of the 45 days.

3. What are the grounds for severance? It good be a wrongful dismissal.

Why don't you send me an e-mail, so we could discuss in more detail? Look under "About Me"

K Harr said...

I am currently employed in an organization that wants me to move to a location that is much further than where I am currently placed. I have asked to be placed in a branch closer to home however the company refuses. What are my rights pertaining to this situation?

Anonymous said...

I have 3 years service and the Co. Wants to terminate me on grounds of ill health. Does this fall under redundancy or severance act? Or how should the Co. Pay me off?

Trinbago Rights said...

Depends on their reasons for the move.

Trinbago Rights said...

Ill-health is not redundancy. How you're compensated is up to them, if at all.

Anonymous said...

Can you advise if its legal for a contracting company to pay casual or called out workers 12 hours flat rate, by 7 days per week even though there is a notice posted by the min of lab for excess of 8hrs worked, to be paid 1.5, 2, and 3 being the new rate. This is presently the practice. Please advise!

Trinbago Rights said...

Once you're paid hourly, overtime rates apply, so that practice is illegal.

Anonymous said...

I was employed with a company for almost 7yrs. In January I was given a retrenchment letter. I still haven't received the severance payment nor the 45 days notice pay. Is this legal?

Anonymous said...

Thank you for your response dd 12 April 2015 18.37. In view of this , is there any way this matter can be addressed with the ministry so that the called out employees can get there fair wages, is it possible for and audit inspection to be performed in the contractors payroll dept including their NIS which many of them do not have NIS #'s but deductions are being made, they range from 100- 200 persons to make sure these illegal practices conform to what is required by law?? This unfair and exploitation of workers should be stopped.Awaiting your advise.

Trinbago Rights said...

I'm not sure what you're talking about, so please send me a private e-mail, which can be found under "About me".

Trinbago Rights said...

Of course not. It must be paid within 30 days. Send me a private e-mail.

Anonymous said...

My dad has been working in the small family business 40+ years now. The siblings who are also directors want to dissolve the company. Apart from the annuity and claim for personal money used to fund the business, is he be entitled to a gratuity?

Trinbago Rights said...

Gratitude/gratuity is not law.

Anonymous said...

im sorry i do not know where i could post this question but my boss told us workers that we could only use the toilet on our half and hour lunch break can they do that ?

Anonymous said...

If a multinational company closes down it's operations in Trinidad and sends all the workers home, are they mandated to pay the employees severance since technically the company will still be in operation...just not in Trinidad.

Anonymous said...

Good day, my senior position with a multinational company was made redundant exactly 2 months ago. I understand that severance should be paid within 30days. Redundancy was immediate, thus signed to receive 45days payment in lieu of notice. I have Not yet received any payment related to severance. They keep saying they waiting on approval from BIR. Is there any recourse to have them settle asap and further more any recourse /compensation for the time the time outside of the 30 days they take to settle?

Trinbago Rights said...

According to section 22.(2) of the RSB, you have to join a union to assist you.

https://www.facebook.com/ttworkersassociation?ref=hl

Anonymous said...

Good Day,

I have been with a company for 5 yrs 4 months, I was told at the end of last month (April 2015) that my position was made redundant, i read that a worker should be given 45 days notice. Do they have to pay me for the 15 days not given. How do I calculate the severance payment?

Trinbago Rights said...

45 days notice or payment in lieu. And the calculation is in the body of the post above.

Trinbago Rights said...

Of course not. That's rubbish

Anonymous said...

God Day

I have been working with a company for over 2years. I was literally forced to resign due to the fact that the new hr manager found that i couldn't commit to a full 40hrs of work a week. which all started as soon as i returned from my maternity leave while employed with them. The option was either i resign or they fire me because apparently my baby is not entitled for vaccinations shot or even to get sick which would have required me to be absent from the job on that said day. Is this fair? Should I have received a severance payment?Want should i have done? Because I just resigned with 2 weeks notice.

Trinbago Rights said...

You were wrongfully dismissed. Contact this trade union
https://www.facebook.com/ttworkersassociation

Anonymous said...

Hi, aside from company policy and /or agreements are there any law or convention that states a notice period for resignation must be given and if not vacation leave must be applied in life of notice?

Anonymous said...

Hi, I came to the end of my 14 weeks maternity leave. I request an addition 4 weeks from my employer as per the Maternity Act because of nursing issues with my baby. I was granted only two weeks which I had no choice to accept... Now at the end of this two weeks I still have not fully sorted out this nursing issue and now I am thinking of resigning... Will I be entitled to my vacation leave payment.. Or do I have to apply it against my notice period. There is no contract or policy with my company regarding this...

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