Me in Paris 2010, thanks to my GUARANTEED UK holiday entitlements.A: This is an area of employment law that MUST be addressed by the government of Trinidad and Tobago. Currently, there is no legislation or policies regarding holidays, UNLESS you're a State employee. How can we as a country, leave holiday entitlements up to the private companies to overwork employees? The government MUST ensure that employers fulfill their duty of care towards employees.
Yes, we have numerous public holidays, but if an employee wants to take a vacation and is denied the time, that employee has no rights or recourse. How could that be fair? Why hasn't this yet been addressed? My suggestion is that we follow the format used in the UK where there is a minimum right to paid holiday, but the employer may offer more than this. The main aspects of holiday rights in the UK include:
•you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)
•part-time workers are entitled to the same level of holiday pro-rata (so 5.6 times your usual working week, e.g. 22.4 days for someone working four days a week)
•you start building up holiday as soon as you start work
•your employer can control when you take your holiday
•you get paid your normal pay for your holiday
•when you finish a job, you get paid for any holiday you have not taken
•bank and public holidays can be included in your minimum entitlement
•you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave
This is an informative post. Thank you for sharing this.
ReplyDeleteEnjoy great holidays in Tobago with your family and friends and get involved in the great and adventurous activities which are popular on the island.
ReplyDeleteTobago Holiday deals
holidays to Tobago
My company decided to shift from a 7 days on 7 days off offshore rota to a 14 day rota and took away our 21 days vacation and gave us 14 days. Is this legal? Can they do that?
ReplyDeleteI don't see anything illegal about it.
DeleteSay if you were employed in January. Can an employer tell you that you can only take your vacation in January?
DeleteI am on temporary continuous employment for nine (9) months am I eligible for any sick leave???
ReplyDeleteSick leave kicks in after 6 months...Minimum Wage Act.
DeleteIs Saturday and Sunday included in your holiday days
ReplyDeleteIf you don't normally work weekends, weekend days would not be considered vacation days.
DeleteCan an employer include sick leave as part of you annual holidays thus reducing your holidays to tww weeks only?
ReplyDeleteSick leave and annual holiday are two distinct entitlements. Neither can be deducted from the other.
DeleteGreat information.
ReplyDeleteHow do we go about making holidays legally challengable in order to safeguard the employee?
I have drafted an Employment Fairness Bill... support my cause and all employees in T&T will have all their rights protected.
DeleteHello, I am permanently employed with a local private company for over 5yrs and working hrs are mon-fri 7:30-4:30. In the past 3yrs my employers have implemented a policy of closing the office from 27Dec to the first working day in Jan. This is usually 4-5 days but they take the days out of the employees vacation entitlement. Today an email was sent out stating the office will be closed for the public holiday Divali 23-25Oct 2014. They also stated the closure for Friday 1 day would be taken out of my vacation entitlement, and for those employed mon-sat 2days would be taken. I need to know if this an illegal practice? It seems so to me....
ReplyDeleteSeems unfair, but it's completely legal.
DeleteIf I left my job and passed a year are the entitled to pay for my vacation I didn't take
DeleteHi Good day,
ReplyDeleteI recently started working at a company...march 2014...and now they are downsizing and are closing my department. I was issued a letter last monday stating the redundancy of my position come december 31st. I would like to know what action can be taken to get paid for vacation that I would have been entitled to if I was to make a year come next March 2015. The company claims they dont pay vacation anymore. If you dont take it you lose it. No pay. But i need to know if I can get paid for my vacation before they let me go in December
No rights in this matter.
DeleteCan an employer tell u when u can resign?
ReplyDeleteI need more information.
ReplyDeleteCan a private institution choose not to pay their employees for Carnival Monday and Tuesday since it is not deemed as a PUBLIC holiday???
ReplyDeleteDepends on how you're paid. If you're hourly paid and you don't work, you can't expect payment.
Deletei work for a drugs store .i made my second year on 22/10/2014 and i asked for one week vacation for 16/1/2015 my boss say i cant have it and the she told me i could have it june is that right cant an employee decide his or her vacation time
ReplyDeleteThe employer can make that determination if it is essential to avoid business interruption. For example, many employers don't allow vacation at Xmas time because it is a busy period.
DeleteI am a permanent employee and vacation leave was never discussed with my employer. Can you tell me the basic vacation leave entitlement for private workers?
ReplyDeletePrivate and public are the same. 14 days (10 working days) is the minimum.
DeleteI am a permanent employee I asked my employer to work less days so I could pursue some classes he agreed. I would like to know if I am entitled to vacation and sick leave despite my reduced working hours.
ReplyDeleteHow many days does one entitled to after 5years.
ReplyDeleteNo law. Company decides.
DeleteHi ! If my company wants me to work on a public holiday, can i be written up or punished if i dont go ?
ReplyDeleteOnly if they are paying you 3x your normal salary for that day.
DeleteThank you for your speedy respeonse,
ReplyDeleteThe info passed to me is as listed:
First 8hrs - 2times hourly rate
thereafter 3times hourly rate
and i am only required for 4hrs
Hello! If an employee has worked for more than a year and then resigns, is the company legally required to pay for their unused two weeks vacation? I read the Minimum Wage Act and it isn't very clear about what the requirement is in that regard. Is this a legal requirement or does it fall under industry practice?
ReplyDeleteDepends on when your vacation is supposed to begin. Year 1, or year 2.
DeleteIf I only work 20 -22 hours a week what sick leave and holiday leave am I entitled to?
ReplyDeleteIt should be pro-rated.
DeleteI have been working for a privately owned company for the past four years and was only entitiled to 1 week holidays after i made my first year uptil now ,is that fair?
ReplyDeleteDepends on where and for how much you work.
DeleteI work for a highly established steel company and i surely make a good salary ,the problem is other workers in other departments of the company are entitled to their 2 weeks from the second year of employment while i for no reason only entitled to one could this just be that my supervisior does not want to give me what i am entitled to?
DeleteThe industry standard is 2 weeks. Clearly there's some form of victimization.
DeleteI work for a State Enterprise but its a closure company waiting to dissolve, I have been employed for 12 years. What are my vacation entitlement. No written contract was given to me but verbal.
ReplyDeleteI'm lost... you worked for 12 years and now ask about vacation when the company has been dissolved?
DeleteIn your introductory you stated “ Currently, there is no legislation or policies regarding holidays, UNLESS you're a State employee.”
ReplyDeleteHowever this person asked
Anonymous5 March 2015 at 07:25
I am a permanent employee and vacation leave was never discussed with my employer. Can you tell me the basic vacation leave entitlement for private workers?
Your response was
Trinbago Rights7 March 2015 at 16:21
Private and public are the same. 14 days (10 working days) is the minimum.
My question is
Do we have legislation in place which determines how many vacation days an employee is entitle to?
The Civil Service Act and the Minimum Wages Act are the only two legislation concerning vacation. If you don't fall into either category, there's no law covering you, HOWEVER, there is an "accepted standard" for those who fall outside of those categories to get 10 working days. Alternatively, the option is to unionise and let the trade union bargain for a collective agreement.
DeleteCan an employer seek justification from an employee who was denied vacation leave and took sick leave casual for the same period
ReplyDeleteYes. Once you deal with it properly, you won't have any issues.
DeleteWhat is "sick leave casual"?
ReplyDeleteSick leave is sick leave.
DeleteCasual is a type of leave created by the government for public servants.
Hello, I would like to know prior to my maternity leave , i took a total of 67 days by different sick leave certificates, would this affect my entitlement for vacation. The company policy is saying i must work 220 days. The maternity 14 weeks were not counted as absent. I am paid above the minimum wage.
ReplyDeleteMy employer is a US based company and they want to implement a new policy to only allow 12 public holidays to be taken by staff. Trinidad has 14 official public holidays so the extra 2 will have to come out of our personal vacation. Is it legal for them to enforce this policy? Is there an Act related to this? If so then I would like a copy of it to show my HR.
ReplyDeleteThey can't do that.
Deletehttp://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs/19.05.pdf
I work for a private company with 20 days vacation. I went on maternity leave with 10 days vacation as my maternity leave ended in the earlier part of 2015. This was all arranged and approved 2months before I left on maternity. Upon my return to work HR left (there's only 1 hr person in the dept) apparently employee files were missing etc. This was never communicated to the staff. A few months after returning to work I emailed the temp HR person asking how many days I had remaining on my vacation. They replied and I used all those days which they stated.
ReplyDeleteIn 2016 the company is now telling me I went over my vacation entitlement because they incorrectly advised how many days I had remaining and want to deduct the days from my 2016.vacation or deduct it from my pay. (Note I went over by 10 days)
Is this legal? I was not aware I went over as I applied and got approval from my direct.manager for all days used.
Prior to going on maternity leave I she took a total of 67 days by different sick leave certificates, would this affect my entitlement for vacation?
ReplyDeleteCan a company force you to go on vacation even though you don't have any?
ReplyDeleteSo therefore you would not be paid?
I have been working with a state company three years next month. However wrote asking for six weeks vacation leave and proceeded on same with verbal permission, 10 days after resumption of duty I was given a letter indicating that I would not be paid for the period of leave taken because it was deemed 'unauthorized'. I have had contracts - one year by one year, then month to month for six months, which was followed by a six month contract, soon to end. In the contracts there is no mentioned of sick, business or vacation leave. Is the action by my employer legal, and how can I proceed with this matter to get my unpaid wages. Thanks in advance. Please note that my service was never broken and also please advise on gratuity for three year period.
ReplyDeleteThanks again.
Hello, I am trying to figure out if a state owned company can instruct their employees that they must apply for what ever vacation days they wish to take over the course of an entire year and all applications must be submitted by a set deadline at the beginning of that year. If deadline is missed then vacation will be denied.
ReplyDeleteI am asking this because I find it can be difficult for an individual to plan out when they may want to take their vacation so far in advance... After all things do come up over the course of the year when someone may wish to get some time off...
This recently happened at PLIPDECO... the union doesn't seem to care about its members... no, that type of policy is nonsensical and the Court will most likely deem it unreasonable
DeleteIs a private company required to pay double time on a public holiday?
ReplyDeleteAre you a minimum wage worker?
Deletehttps://www.facebook.com/ttworkersassociation/
Do you count public holidays as part of maternity leave. Eg. Start maternity 21st June, due to end 27th September. If you add in 4 public holidays you would instead return on 4th October. Can you clarify which is correct.
ReplyDeleteThe Maternity Protection Act does not mention public holidays, so there's no law on it; however, I do not believe that the holidays would be added at the end.
DeleteI've started working at a private company in 2010 and the policy was when you make 5 years you will be entitled to 3 weeks vacation i got permanent in 2014 I made 6 years this year last year they changed the policy to six years last year and now this year they are telling us we have to work 210 days from the time we was made permanent is this legal
ReplyDeleteHi I am a permanent worker at a private institution. Am I supposed to get paid on public holidays or is it up to the employer?
ReplyDeleteIf you're monthly paid, yes. If you're daily paid, no.
DeleteHi I'm currently employed as a security officer working a 24 on 25 off shift im going on my 2nd year of employment. When I was interviewed I was told that I will be entitled to 2 weeks paid vacation however when i applied I was told that I can only get 7:days leave. Can my employer do this. Is this illegal in any form.
ReplyDeleteNo it's illegal to do that. That's a breach of contract.
DeleteHi. My employer requested that all employees take their vacation within the year. Any outstanding vacation would be lost. Can a company take your vacation away without any remuneration? Is there any case law to back this up?
ReplyDeleteYes... Use or lose. We used it in England.
DeleteThanks for the reply
DeleteI lives in Port of Spain,I am currently employed at a security company only as recent as last week I found out I have to work two years before I can apply for vacation. Is it legal to do so?
ReplyDeleteNo... it's 12 months. Look at the Minimum Wages Act.
DeleteI am employed with a state enterprise for over 5 years. My second 2 year contract expired almost 18 months ago and since then I have been employed on a month to month basis. My concern is I am now pregnant and plan to take maternity leave in a few short months and the corporation is not issuing any contracts at this time. What protection do I have in this case? Am I even entitled to this maternity leave? Please help and advise. Thanks.
ReplyDeleteYou're safe. Contact our Union: Trinidad and Tobago Workers Association.
DeleteI am working for an US base company here in Trinidad and according to the new contract offered they are giving us 5 days sick leave is this legal? Doesn't the Labor Act States 14 days sick leave?
ReplyDeleteI own a small private company. My employees are asking for an increase in hourly rate as well as overtime. They are paid $400/day and overtime at $30/hour plus meal of $30 after 7.30pm. They are also paid for holidays and sick days. My questions are as follows (1) Is my overtime payment too low? (2) Are they entitled to a meal allowance? (3) Are all workers (even those who have completed their 6 month probationary period) entitled to be paid for holidays, sick days and casual days?
ReplyDelete1. They're paid above minimum wage, so there's no law governing this. It's your business decision
Delete2. No law on this - business decision
3. Sick leave after 6. Vacation after 12. Although I believe these thins should begin immediately pro-rated.
Good day
ReplyDeleteAS a part time worker who only works Saturdays, Sundays and public holidays, am I entiled to time and a half on Saturdays and double time on Sundays?
No
DeleteAs a temporary employee am I entitled to paid vacation
ReplyDeleteGood dayI am employed withva private firm for 23 years. I am only entitled to 3 weeks vacation and maternity leave is this legal. In took sick leave once in 14 years and was 2dys and my employers were upset about this.
ReplyDeleteEveryone is entitled to paid sick leave. Private or public is IRRELEVANT.
DeleteI am the owner of a small business,service oriented. I have three service men but is experiencing a lot of problems. In one instant one of them were on probation 3mths and he took 1day off every month. He has worked for 10 months to be exact and has already taken 22days off. What can i do as the employer.
ReplyDeleteWarning. Suspension. Dismissal.
DeleteHi i work for a private company they pay nis for us but we dont get sick leave, vacation or anything is that right and when we work overtime we doesnt get paid for the time spent.Is that right what they are doing
ReplyDeleteAbsolutely not. Contact us
DeleteI and my friend work in a pharmacy and she just made a year they told her she is only entitled to ONE week vacation for the first year is that legal
ReplyDeleteMinimum Wage? 14 days.
DeleteShe gets around $19.00 an hour
ReplyDeleteWorking for company for five (5) years.. how much vacation leave by law am I allowed ??
ReplyDelete14 days
Deletegood day I am assigned a company vehicle because of call out duty what time dose my work start and is it referred to in any legalisation
ReplyDeleteNo legislation... what does your contract say?
ReplyDeletei am working with a company for the past 11 years and i want to resign (30) day notice and apply for my 18 day vacation. They are saying i won't be able to get all my holidays. Is this correct, by law?
ReplyDeleteEven if they don't allow you to take it, they still have to pay you for it... don't even know why you're applying to take vacation after resigning. Makes zero sense. Just take payment and move on.
DeleteI have been working with a company for one year and twenty days two days ago I was told that my days will be cut from six to three days because of this I will no longer be able to continue but I'm due my two weeks holidays what am I entitled to upon leaving the job
ReplyDeleteContact us.
DeleteI have been employed for 3 yrs till present; my NIS is not being paid (it is not being deducted from my salary, I do not get paid on any public holidays, I do not get payslips. Is this legal?
ReplyDeleteGo file a complaint at NIB... the others depend on the type of work you do and how you get paid.
DeleteMy employer decides they aren't gonna put up a sheet to state the date you want holiday instead they're gonna send us on holiday whenever they feel like is that legal
ReplyDeleteHow long after starting a new job years your
ReplyDeleteAllow vacation?
I'm working for a private company for 7 years I was getting 3 weeks vacation but this year the manager want to give me 2 weeks vacation is that legal for them to take back 1 week
ReplyDeleteCONFUSED I have been working with a company for the past 12 years.Can you tell me how much sick leave i am entilted to and casual leave i only get 10 days vacation leave
ReplyDeleteNo law besides the minimum wage laws stating 14 days.
DeleteHello i was recently terminated from my job at a factory. And it has been a month and i still haven't been compensated for my days work.
DeleteAlso how long will i have to be workimg somewhere to ne entitled to holiday pay.
Good day...i am working for a security firm for two years plus on continuous 6 months and 3 months contracts, am i legally entitled to any rights such as sick leave or vacation?
ReplyDeleteCan my pay be checked hourly and get paid monthly
ReplyDeleteYes
Delete14 years service the company only pay for reiglous holiday privite sector
ReplyDeleteHi..I work at a private company. Could they tell you that you can't take a vacation day after a public holiday?
ReplyDeleteAlso..they only offer 7 days sick leave and you have to bring a sick leave if you stay home one day, is that legal?
Trinidadian
Hi good day i was on contract in 2016 with state lands i took 40 days holidays while on holidays service commission give me a job i accepted d job while on hoildays my holidays was given to me from october 17 2016 to december 12 2016 i was only told to resign my contract job in february 2017 via a phone call i was paid till december 31 2016 what could be the out come off this
ReplyDeleteGood day, being sick with the flu I imformed my employer I would not be able to attend work on the 2nd day I was told she would be reducing my salary and my hours. Later that day I was called and told I'm on vacation for the next 5days and the 2days I took while sick and 3 other separate days I took in the past would be deducted from my vacation leave. What should I do. It's a private owned business and since my employment for the past 3 years it seems the rules change in accordance to the employer's moods. I have never seen or recieved anything in writing as to the policies/ rules of the business.
ReplyDeleteMy employer wants to pay his employees in cheque however, he does not want to give his employees any time off to cash/bank their cheque. If they do, it will be deducted in their salary. Is this legal?
ReplyDeleteI am employed as a Security Supervisor and I work 12 hour shifts 2 days 2 nights and 2 days off. I am monthly paid and I was informed that I am entitled to 14 days vacation leave. I was informed that the vacation leave should be 14 straight days inclusive of weekends. Shouldn't the weekends be excluded from my vacation and should be checked from Monday to Friday excluding weekends.
ReplyDeleteHi
ReplyDeleteI resigned from my position with a private company...am i entitled to my contract agreement/bonus from a project completed in the first year of work?
the contract was for that particular project which was completed in the first year of work. I continued working for another year without a written contract.
Hello. I work at a restaurant as a line cook and I work on weekends as well. Seeing that I'm required to work on weekends,will Saturday and Sunday be included in my vacation?
ReplyDeleteHi good day I am working for a private company for 5 years and gets no holiday ,sick leave and vocation , I get paid 300 per day am I entitled for these things and can I get a raise of pay because of the length of time I have been working
ReplyDeleteA question for you- may have been asked an answered already-apologies if missed.
ReplyDeletePerson started working at private company-received an extremely basic contract stating the following:
*temporary / casual contract
*monthly paid
*A minimum of at least 6 days per week with one weekend off
*This contract takes effect from 1st .... for a successful completion of three (3) months probationary period. This probation can last for six months only.
There was no follow up after probation period and employee stayed on and then resigned after a period of 1 year.
Question 1: Is such an employee entitled to holiday pay or any other entitlements?
Question 2: With ref to NIS deductions, the employee has since discovered the company has not paid any for the year, but deductions made. Request was made for payslips missing, but company does not want to provide.
What is the recourse?
Good Day,
ReplyDeleteCan you provide a link for the inforamtion that states how exactly NIS pay out money and the employer? Or cite a from a part of a Act(Maybe the National Insurance).
I am not seeing any legal source stating how much employer and nis should pay out and if the days of sick leave affects which party does the payout.
Do you have a source for the procedure of the payout?
Been working in a private company for more than 14yrs and never gets paid for public holidays,I do pay nis and I also never get more than half hour lunch.do yu think they owe me some $$$...or is this legal
ReplyDeleteHi Good day,so I have been employed with this private company for 2 years counting however I requested not to pay Nis since I have already made my contribution, the company agreed on this term.. just wanted to know am I still entitled to sick,Bereavement and vacation leave even though am not paying any nis+health surcharge?
ReplyDeleteThanks
Firstly, as long as you're working, you should be paying NIS.
DeleteSecondly, leave entitlements would depend on your contract.
Are private entities obligated to pay employees for public holidays?
ReplyDeleteUnder the Minimum Wages Act.
Delete