Labor Laws and Worker Rights Quiz

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Questions and Answers

What must a worker do at least 24 hours in advance if they do not wish to work longer than stipulated hours?

The worker must notify their employer of their intention.

What is the minimum remuneration for a worker who works during normal hours on a public holiday?

It must be at least twice the regular rate of pay.

How much should a worker be paid for overtime worked during a weekday beyond normal hours?

The worker should be paid at least one and a half times the regular rate.

What should an agreement specify regarding remuneration for public holidays and overtime?

<p>The agreement must specify the maximum number of public holidays and overtime hours covered.</p> Signup and view all the answers

What rest period is required for a worker before performing extra work immediately after their normal workday?

<p>A worker must be granted at least 10 minutes of paid rest.</p> Signup and view all the answers

What constitutes a normal day's work for a garde malade, excluding breaks?

<p>A normal day's work for a garde malade consists of 12 hours of actual work.</p> Signup and view all the answers

How often is a worker entitled to a rest day and what is the typical day for this rest?

<p>A worker is entitled to at least one rest day every 7 consecutive days, typically on a Sunday.</p> Signup and view all the answers

What is the minimum duration of consecutive rest a worker must have within a day?

<p>Every worker is entitled to a minimum of 11 consecutive hours of rest in any day.</p> Signup and view all the answers

Under what conditions can a young person be employed during late hours?

<p>No person shall employ a young person between 10 p.m. and 5 a.m.</p> Signup and view all the answers

What must employers provide to workers who stop work after 5 hours, according to the agreement?

<p>Employers must pay the worker a full day's remuneration on the day they stop work after 5 hours.</p> Signup and view all the answers

What defines a worker's eligibility for flexitime when caring for a child?

<p>A worker can request flexitime to care for a child who is below school age or has an impairment.</p> Signup and view all the answers

What is the employer’s obligation upon receiving a flexitime request from a worker?

<p>The employer must inform the worker in writing within 21 days whether the flexitime request has been granted.</p> Signup and view all the answers

What happens if a worker completes piece work or task work faster than a normal shift?

<p>The worker is deemed to have performed a day's or week's work and shall be paid for the whole period.</p> Signup and view all the answers

What is the purpose of granting a protective order in respect of immovable property?

<p>The purpose is to prevent any unauthorized actions such as mortgaging or selling the property while ensuring the interests of the relevant parties are protected.</p> Signup and view all the answers

Who can apply for the registration of title or charges over immovable property following a protective order?

<p>The supervising officer may apply for the registration on behalf of the Judge in Chambers.</p> Signup and view all the answers

List two actions that are typically restricted by a protective order concerning immovable property.

<p>The property cannot be mortgaged or sold in execution.</p> Signup and view all the answers

What happens to the protective order if remuneration due to workers is paid?

<p>The Judge in Chambers shall discharge the protective order.</p> Signup and view all the answers

What requirements must the supervising officer fulfill following the issuance of a protective order?

<p>The officer must publish notice of the order in the Gazette and at least two widely circulated newspapers.</p> Signup and view all the answers

In what scenario can the Judge in Chambers vary or discharge the protective order?

<p>The Judge can vary or discharge the order if it is necessary in the interests of justice.</p> Signup and view all the answers

What condition must be met for the Judge to discharge a protective order after a court case is disposed of?

<p>The court case mentioned must be resolved for the order to be discharged.</p> Signup and view all the answers

Who is notified about the protective order according to the requirements outlined?

<p>All notaries, banks, financial institutions, and cash dealers must be notified.</p> Signup and view all the answers

What is the definition of 'basic wage or salary' for workers whose wages exceed the national minimum wage?

<p>It is the prescribed basic wage or salary, irrespective of whether the actual wage exceeds this amount.</p> Signup and view all the answers

How is 'basic wage or salary' calculated for workers, other than those in export enterprises, whose wages were below the national minimum wage before January 1, 2018?

<p>It is calculated as the national minimum wage plus any additional remuneration that may be prescribed.</p> Signup and view all the answers

What does the term 'export enterprise' refer to in the context of basic wage or salary?

<p>It refers to a specific category of workers whose wages are also calculated based on the national minimum wage.</p> Signup and view all the answers

In cases where no wage is prescribed for a worker, how is their 'basic wage or salary' determined?

<p>It is determined by the total amount earned by the worker as of the appointed date.</p> Signup and view all the answers

What constitutes the 'basic wage or salary' if it is included in a worker's contract of service?

<p>It refers to the basic wage or salary agreed upon in the worker's contract, which must also meet the national minimum wage requirements.</p> Signup and view all the answers

How does previous additional remuneration affect the definition of 'basic wage or salary'?

<p>Previous additional remuneration is included in the definition of 'basic wage or salary' under specific enactments.</p> Signup and view all the answers

What types of compensation are explicitly excluded from being classified as 'basic wage or salary'?

<p>Allowances, commissions, or other benefits not forming part of a worker's wage or salary are excluded.</p> Signup and view all the answers

Why is it necessary to have a clear definition of 'basic wage or salary' in employment regulations?

<p>Clear definitions ensure fair treatment of all workers and establish a minimum standard for wages.</p> Signup and view all the answers

What is the purpose of the Wage Guarantee Fund Account?

<p>The Wage Guarantee Fund Account is designed to pay remuneration due to workers when their employer is deemed insolvent, up to 50,000 rupees and for certain other prescribed amounts.</p> Signup and view all the answers

What does 'remuneration' include according to the document?

<p>'Remuneration' includes the basic wage for up to 3 preceding months, indemnity wages in lieu of notice, and end of year gratuity or bonus as per relevant acts.</p> Signup and view all the answers

What action must a worker take if they are not paid due remuneration?

<p>A worker must register a complaint with the supervising officer to be entitled to unpaid remuneration when their employer is insolvent.</p> Signup and view all the answers

What is the role of the supervising officer in the claims process for unpaid remuneration?

<p>The supervising officer must inform the employer in writing about the claimed amount within 7 days of the registration of the claim.</p> Signup and view all the answers

What types of funds contribute to the Wage Guarantee Fund Account?

<p>Contributions to the Wage Guarantee Fund Account include seed capital, interest on investments, and money recovered from the realization of assets.</p> Signup and view all the answers

What is meant by the term 'insolvent' in the context of employers?

<p>Insolvent refers to an employer's inability to pay debts, which affects the payment of remuneration to workers.</p> Signup and view all the answers

What is the maximum amount of remuneration that can be paid from the Wage Guarantee Fund Account?

<p>The maximum amount that can be paid from the Wage Guarantee Fund Account is 50,000 rupees.</p> Signup and view all the answers

What should be done with the protective order regarding immovable property if it is varied or discharged?

<p>If a protective order concerning immovable property is varied or discharged, the Judge in Chambers shall direct the Registrar-General to update the Register of Protective Orders.</p> Signup and view all the answers

What is the timeframe for an employer to submit remuneration details after receiving a claim?

<p>The employer must submit the details within 7 days of receiving the claim.</p> Signup and view all the answers

What action must a supervising officer take if a claim is found to be bona fide?

<p>The supervising officer must give written notice to the employer to pay any due remuneration within 7 days.</p> Signup and view all the answers

What must an employer report to the supervising officer after receiving payment notice under subsection (4)?

<p>The employer must inform the date of payment or, if funds are unavailable, the intended date of payment.</p> Signup and view all the answers

What happens if an employer fails to pay remuneration after receiving a notice?

<p>The supervising officer shall pay the worker from the Wage Guarantee Fund Account within 7 days.</p> Signup and view all the answers

Under what conditions can a liquidator pay a worker from the Wage Guarantee Fund?

<p>The liquidator can pay a worker up to 50,000 rupees from the fund after realizing company assets.</p> Signup and view all the answers

How should an overpayment of benefits be recovered according to the document?

<p>The overpayment shall be recovered in the same manner as income tax is recoverable under the Income Tax Act.</p> Signup and view all the answers

What must a liquidator do with the remaining balance of remuneration due to a worker exceeding 50,000 rupees?

<p>The liquidator must pay the remaining balance to the worker as determined by the supervising officer.</p> Signup and view all the answers

What is the function of the Wage Guarantee Fund Account in the context of worker remuneration?

<p>It serves as a financial resource to pay workers when employers fail to meet their remuneration obligations.</p> Signup and view all the answers

Flashcards

Normal Workday for Garde Malade

A garde malade's normal workday consists of 12 hours of actual work, excluding breaks. The workday can start on any day, including public holidays.

Weekly Rest Day

A worker is entitled to a 24-hour rest period every 7 days. This rest day is usually on a Sunday.

Working 6 Days a Week

If a worker is required to work 6 days a week, they get paid for a full day even if leaving early after 5 hours of work on the 6th day.

Compressed Work Hours

If a worker completes a piece of work, task work, or similar within a shorter time than a normal workday or week, they still get paid for the full day/week.

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Flexitime Request

An employer can request a worker to work on flexitime.

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Flexitime Request for Childcare

A worker can request to work on flexitime to care for a child under school age or with an impairment.

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Flexitime Response Time

An employer has 21 days to respond to a worker's flexitime request.

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Flexitime Approval

An employer must grant a flexitime request unless there are reasonable business grounds to refuse.

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Refusing to work overtime

A worker must notify their employer at least 24 hours in advance if they want to work less than the stipulated hours on a specific day.

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Public holiday pay (normal hours)

Workers receive double their normal hourly rate for work done during normal hours on a public holiday.

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Public holiday pay (overtime)

Workers receive triple their normal hourly rate for work done after normal hours on a public holiday.

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Weekday overtime pay

Workers receive one and a half times their normal hourly rate for work done on a weekday exceeding normal working hours.

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Agreement for overtime and public holiday work

An agreement can specify that the pay includes overtime and public holiday work, but it must clearly state the maximum number of hours for these types of work.

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Protective Order for Immovable Property

A court order that prevents an individual from selling, mortgaging, or transferring ownership of their immovable property without the permission of the court.

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Public Notice of Protective Order

The supervising officer must notify the public about the protective order, including publishing in newspapers.

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Restrictions under Protective Order

A list of restrictions placed on a property that could prevent certain actions from happening without the court's consent.

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Variation or Discharge of Protective Order

Any individual can apply to the court to change or lift the protective order.

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Court's Discretion in Protective Order

The court can modify or lift a protective order if it's in the interest of justice.

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Payment as Reason for Lifting Protective Order

The court can lift the protective order if the worker's owed wages have been paid in full.

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Court Case Resolution as Reason for Lifting

The court can discharge the protective order if the case in question has been resolved.

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Interest of Justice as Reason for Lifting

The court can lift the protective order based on its own judgment of what is fair and just.

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What is the National Minimum Wage?

The minimum wage is a legal minimum amount of money that an employer must pay to their employees. This wage must be adhered to, even if the employee works less hours than usual or is paid on a piece rate basis.

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How is the basic wage of a worker defined?

An employee's basic wage or salary depends on their specific situation. For workers whose salary is prescribed, it is the amount stated in their contract, even if they work less hours than usual or are paid on a piece rate basis. However, their actual wage or salary must not be lower than the national minimum wage.

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What is the special rule for workers in export enterprises?

Prior to 2018, workers in the export enterprise sector with prescribed wages that were below the national minimum wage were entitled to receive the national minimum wage plus additional remuneration.

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How is basic wage defined for workers without a prescribed salary?

When a worker's salary is not prescribed and not mentioned in their employment contract, their total earnings from the appointed date define their basic wage or salary.

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What is the basic wage definition for workers with contracts?

If a worker's salary is not prescribed and they have a contract, their basic wage is determined by the higher amount: either the national minimum wage or the salary agreed upon in their contract.

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What is included in the basic wage or salary?

Previous additional remuneration granted under any legislation is included in the calculation of the basic wage or salary.

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What is excluded when determining the basic wage or salary?

Allowance, commission, or benefits that are not part of a worker's base pay or salary are excluded from the basic wage or salary. These are considered additional benefits.

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What is the purpose of the definition of 'basic wage or salary'?

The definition of 'Basic wage or salary' clarifies the calculation of an employee's baseline pay, including various situations like prescribed salaries, contracts, and additional remuneration. It also emphasizes that the national minimum wage must be met.

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Wage Guarantee Fund Account

A fund set up to pay workers in case of employer insolvency, covering basic wages, indemnity for notice, and end-of-year gratuity for up to 3 months.

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Wage Guarantee Fund Account Limit

The maximum amount a worker can receive from the Wage Guarantee Fund Account is 50,000 rupees.

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Insolvency Criteria for Wage Guarantee Fund

To be eligible for the Wage Guarantee Fund, an enterprise must be declared insolvent by the Supreme Court.

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Sources of Funding for Wage Guarantee Fund Account

The Wage Guarantee Fund Account is funded by a seed capital, investment interest, and recovered assets from insolvent employers.

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Claiming Unpaid Remuneration from the Wage Guarantee Fund

Workers need to register a complaint with the supervising officer to claim unpaid remuneration.

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Employer Notification for Unpaid Wages Claim

Employers are informed of a claim for unpaid wages within 7 days of the claim's registration.

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Investigation of Unpaid Wages Claim

The supervising officer investigates the claim and determines if the worker is eligible for payment.

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Approval and Payment of Unpaid Wages Claim

The supervising officer approves the claim and issues a payment to the worker.

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Employer's Wage Payment Responsibility

If an employer fails to pay a worker's earned wages within 7 days following a claim, the supervising officer will pay the worker from the Wage Guarantee Fund Account.

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Wage Guarantee Fund Account after Liquidation

The supervising officer will be notified of the amount of the remaining wages owed to a worker following a company liquidation by the liquidator. The liquidator will then deposit a specified amount with the Wage Guarantee Fund Account and pay the remaining balance directly the worker if possible.

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Recovery of Overpayment of Benefits

If any benefits are paid out to someone who is not eligible, the Director-General will recover the amount in the same manner as income tax.

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Employer's Notice to Supervising Officer

Within 7 days of a worker submitting a claim for payment, the employer must inform the supervising officer of the date they will pay overdue wages, or if funds are unavailable, the date they plan to make payment.

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Employer's Remuneration Report

When a claim is filed, the employer submits details of the worker's remuneration within 7 days to the supervising officer.

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Supervising Officer's Notice to Employer

If the supervising officer deems the claim to be legitimate, they will notify the employer to pay any overdue wages within 7 days.

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Employer's Obligation to Notify Supervising Officer

An employer must provide written notice to the supervising officer of the date a worker's remuneration will be paid. If funds are unavailable, they must provide the intended date of payment.

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Supervising Officer's Role in Late Payment

The supervising officer has 7 days to pay the worker from the Wage Guarantee Fund Account if the employer fails to pay the remuneration within 7 days following a claim.

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Study Notes

Workers' Rights Act 2019 - Arrangement of Sections

  • Act No. 20 of 2019
  • Assented to by Paramasivum P. Vyapory, Acting President of the Republic, on August 23, 2019
  • Contains various sections concerning preliminary matters, discrimination in employment, minimum age for employment, work agreements, and general conditions of employment, alongside other benefits, termination of agreement, reduction of workforce, and specific workfare program funds.

Part I - Preliminary

  • Defines key terms like "agreement," "basic wage or salary," "child," "collective agreement," "continuous employment," "Court," "Director-General," "emoluments," "employer," "financial year," "fortnight," "good and sufficient cause," "goods vehicle," "insolvent," "job contractor," "local authority," "Minister," "Ministry," "night work," "non-citizen," "notional hourly rate," "officer," "part-time worker," "past service," "pay period," "place of work," "productivity payment," "public holiday," "public officer," "remuneration," "Remuneration Regulations," "retirement age," "seed capital," and "severance allowance".

Part II - Measures Against Discrimination in Employment and Occupation

  • Addresses discrimination in employment and occupation.
  • Outlines principles against discriminatory treatment by employers, concerning distinctions, exclusions, or preferences in occupations.
  • Defines "discrimination" in various contexts as treating workers differently due to their characteristics, implying equal treatment for similar work.

Part III - Minimum Age for Employment

  • Sets restrictions on employing children and young persons.
  • Defines permissible work for children during holidays or outside school hours.
  • Enforces restrictions on work for young persons that could jeopardize their development.

Part IV - Work Agreements

  • Outlines the parameters for entering into work agreements concerning the competency and full legal capacity.
  • Specifies required details for work agreements outlining the particular details that employers are required to provide to employees regarding employment, within a certain timeframe.
  • Defines, "Deeming agreement," "Fixed term agreement," "Part-time work agreement," and "Compromise agreement".

Part V - General Conditions of Employment

  • Defines "normal working hours," including specifics for 5-day and 6-day workweeks, and limitations on maximum daily hours for workers.
  • Addresses overtime work and remuneration accordingly
  • Outlines "Compressed hours" and "Flexitime" as permissible work arrangements.
  • Details of shift work parameters and allowances for night shift work.

Part VI - Termination of Agreement and Reduction of Workforce

  • Outlines procedures for terminating agreements, addressing various scenarios, and requiring appropriate notice periods.
  • Highlights protection against terminations for certain reasons or for worker's rights.
  • Covers procedures in case of employment transfer, outlining the manner of termination to be justified under the Act in case of an unjustified termination.

Part VII - Workfare Programme Fund

  • Establishes the Workfare Programme Fund for the purposes in this part.
  • Outlines the investment decisions regarding the Workfare Programme Fund, who is responsible.
  • Defines the objects in this part and payment into and out of the Workfare Programme Fund.

Part VIII - Portable Retirement Gratuity Fund

  • Defines and explains the terms regarding the Portable Retirement Gratuity Fund, which details how it functions and its objectives.
  • Covers eligibility criteria and procedures for joining the fund.
  • Outlines payment processes.

Part IX - Gratuity on Retirement and at Death (Sub-Part I - Gratuity on Retirement)

  • Establishes criteria and processes for granting gratuity upon retirement.
  • Includes specific situations like work duration, retirement age, and work performance during the past years.

Part X - Entitlement of Workers in Sugar Industry

  • Defines specifics regarding "employer" in relation to the sugar industry.
  • Covers continuous employment for workers in the sugar industry.
  • Covers workers employed by a job contractor.

Part XI - Violence at Work

  • Specifically defines violence at work, which includes harassment, abuse, and intimidation in the workplace and lays out the procedures for addressing such violations.

Part XII - Administration

  • Details the Labour Inspection service, covering tasks, reporting, and responsibilities.
  • Specifies the record-keeping requirements for employers regarding their employees
  • Covers complaint procedures, notices of compliance, and the basis for initiating and carrying out an investigation for non-compliance by the employer.

Part XIII - Miscellaneous

  • Covers general responsibilities concerning no liability and responsibilities regarding all the other specific sections in the Act for a supervising officer in matters of work or employment.
  • Lists offences and penalties associated with non-compliance and details of general regulations and amendments to specific acts.

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