Right to Just and Favourable Conditions of Work
A.
LEGISLATIVE MEASURES
The Constitution
384.
The right to just and favourable conditions of work is also recognized in
Article 14 of the Constitution.
Employment Act
385.
Section 15 of the Employment Act provides for holidays with pay as
follows:
“Subject to any agreement between the parties providing for holidays with pay
on conditions not less favourable to an employee than is provided for in this
section, and subject to any statutory determination concerning holidays made in
accordance with the Minimum Wages and Conditions of Employment Act, an
employee shall after six months continuous service, be entitled to holiday with
full pay at the rate of 2 days in respect of each period of one month’s service to
be taken at such time as shall be agreed between the parties…..”
386.
Section 15 A of the Employment Act further provides for maternity leave
for female employees. It states:
“Subject to any agreement between the parties or any other written law,
providing for maternity leave on conditions, not less favourable than are
provided for in this section, every female employee who has completed at least
two years of continuous service with her employer from the date of first
engagement, or since the last maternity leave taken, as the case may be, shall
on production of a medial certificate as to her pregnancy signed by a registered
medical practitioner, be entitled to maternity leave of twelve weeks with full
pay.”
387.
Further, Section 19 of the Employment (Amendment) Act, No. 15 of 1997
provides that an employer may, as agreed under a collective agreement
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