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COVID-19 & Employment: Part 1

The Grenada employment landscape has, like everywhere else worldwide, changed drastically with a lockdowns imposed by Government within under four (4) hour notice before the end of the workday for most employees.    

Our labour laws do not appear to make any specific provision for dealing with employment contracts negatively impacted by Governmental action, the period of which remains very uncertain. 

However, it is important to know whether and how the labour and employment laws apply in determining what are the rights of employees and employers, concerning their obligations to each other, especially on the important questions which have become of public concern: paid or unpaid leave, vacation leave, and hopefully, unemployment benefits our Government appears to be contemplating paying out under the umbrella of the National Insurance Scheme, as well as termination.   

Below are some of the questions both employers and employees must ask themselves in order to understand their rights and obligations:

The following are some of the questions which should be asked in order to assist in making that determination:
1.    Has the employer control over the way in which the employee performs his duties? 
2.    Is it that although the employee is so skilled that he cannot be controlled in the performance of his duties, that he was integrated into the employer’s organisation?
3.    Is the employee working on his own account?
4.    Who provides the tools to perform the services?
5.    Who hires and fires assistants for the employee?
6.    Must work be performed at a location dictated by the employer?
7.    Must the work be performed during certain hours?
8.    Can the work be delegated?

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