Employment Act 1955 · Updated to 1 Aug 2023 · Part II · Contracts of Service
16. Employees on estates to be provided with minimum number of days’ work in each month
Feedback & supportWhere an employee is employed in any agricultural undertaking on an estate on a contract of service under which he earns wages calculated by reference to the number of days’ work performed in each month of his service, his employer shall be bound either to provide him with work suitable to his capacity on not less than twenty-four days in each month during the whole of which he is so employed, or if the employer is unable
employee
“employee” means any person or class of persons— (a) included in any category in the First Schedule to the extent specified therein; or (b) in respect of whom the Minister makes an order under subsection (3) or section 2a;
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or fails to provide work on twenty-four days in each month whereon the employee is willing and fit to work, the employer shall nevertheless be bound to pay to the employee in respect of each of such days wages at the same rate as if such employee had performed a day’s work:
day
“day” means— (a) a continuous period of twenty-four hours beginning at midnight; or (b) for the purposes of Part XII in respect of an employee engaged in shift work or in work where the normal hours of work extend beyond midnight, a continuous period of twenty-four hours beginning at any point of time;
Provided that any dispute as to whether an employee was willing or fit to work shall be referred to the Director General for his decision:
Director General
“Director General” means the Director General of Labour appointed under subsection 3(1);
Provided further that in computing twenty-four days for the purposes of this subsection account shall not be taken of more than six days in any week.
A contract of service shall be deemed to be broken by an employer if he fails to provide work or pay wages in accordance with subsection (1).
contract of service
“contract of service” means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract;