It is no secret that we go into employment with the hope that we would be set for life. This does not mean we are oblivious to the fact that eventually, one way or another, such will come to an end. Furthermore, when it does come to an end, the best-case scenario is to have it end amicably. This is unfortunately not always the case, as at times, parties to an employment relationship part ways in the most unpleasant ways. It becomes a story for another day whether compliance with the labour law was part of the equation or not; however, the fact remains that employers are then left with the obligation to provide all former employees with their dues, including certificates of employment. This is not a new concept, at least as far as the Employment Act is concerned, but the Employment and Labour Relations Bill adds a twist to it, i.e., reasons for termination. Let us expand on this, read on!
Employment Act
According to section 24(1) of the above-mentioned Act โUpon the termination of a contract of employment, the employee may require his employer to deliver to him a certificate specifying the dates of the employee’s engagement and of the termination of the contract of employment and the type or types of work on which the employee has been engaged.โ This is to say, no matter the type of termination or how an employment contract came to an end, every employer is required by law to provide a former employee with a certificate of employment upon their request. Section 24(2) goes on to state that โA certificate such as is referred to in subsection (1) shall contain nothing unfavourable to the employee.โ Basically, employers are required to state the facts only, but those that are favourable to the former employee. Less favourable facts could be reasons for dismissals or terminations where the employee committed a dismissible offence, right? This is where the previously mentioned Bill comes in. Let us explain. Read on!ย
The Bill
As is, section 171 explicitly speaks to certificates of employment; subsection (1) is more or less similar to section 24(1) of the Employment Act. The only extension or difference is that the certificate now must also provide a description of the industry in which the employer is engaged. Section 171(2) of this Bill goes on to touch on what this article aims to unearth when it states that โA certificate referred to in subsection (1) shall contain nothing unfavourable to a worker and may specify the reason for termination of a contract of employment if requested by the worker.โ One thing is for sure: the Bill still maintains the preference of employees/workers over the employer’s point of view in this area. It further gives control over information sharing in relation to reasons for terminations in the hands of the workers, meaning if they do not request it, then the employer is not obligated to state it.ย
Conclusion
Certificates of employment normally stand in for reference letters. According to the Bill, reasons for terminations can now be included in certificates of employment but the employee must request for that. This could imply that if the reason is less favourable to the employee, then the employee may not request for such to be included, would it not then mean the potential employer could possibly be stuck with a potentially bad hire without knowing? More so in cases where the employee committed a dismissible offence? Story for another day.ย ย
Contactsย
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