Employers cannot use amendments made to the Employment Relations Act to terminate staff members at whim, Attorney-General Aiyaz Sayed-Khaiyum said while speaking in Parliament recently.
He said the Employment Relations (Amendment) Bill 2020 made it very clear that management would have to prove that an act of God has resulted in them not being able to provide employment to their staff members, if a decision was made to terminate.
“So, by having this definition, we are actually telling both the parties, this is what will happen in respect of not being able to provide work under the contract that has been put in place, and an ‘act of God’ which the employer actually has to prove,” he said.
“If you read the Act, that particular section, the burden of proof is on the employer because should it be debated, should it be challenged, the burden of proof is on the employer to prove that it was an act of God and the act of God in this case is the pandemic.
“He or she has to prove it is because of the pandemic, if he or she is going to use the pandemic argument, so that is the safeguard that has been provided in that particular section.”
The A-G said the Bill would also amend the Act to reduce paternity leave and family care leave from five working days each to two working days each.
He said the amendment was being made to remove the burden from businesses that were struggling.
Mr Sayed-Khaiyum said, in some cases, garment workers whose hours had been reduced to two days a week, were taking family care leave for the two days they were supposed to be at work, adding further financial burden on employers.
