Breaching Conditions of Employment

 

​On allegations that the conditions of work have not been observed, the employee can forward his/her claim, which must be supported by documents, to the Department of Industrial and Employment Relations. The Department will investigate and take the necessary steps. Criminal action can only be instituted by the Department within a prescriptive period of one year. This does not prejudice the employee’s right to institute civil action against the employer according to civil law.

If the employer fails to pay an employee wages due, a complaint can also be lodged by the employee with officers of the Department of Industrial and Employment Relations who will then take the necessary steps to investigate the circumstances. If the officers deem that the law has been breached, the employer concerned is contacted and the Department follows the issue accordingly. In case that the employer persists in breaching the law, criminal proceedings against the employer are initiated before the Court of Magistrates as a Court of Criminal Judicature. The employee as a private individual has the right to institute a civil action as well.

 

Cases involving alleged unfair dismissal, discriminatory treatment, breach of the principle of equal pay for work of equal value, victimization, harassment and all the cases which refer to the Industrial Tribunal, the employee as a private individual can institute action before this Tribunal.