Section 39: Your Right to Work Every Day
39.Duty of employer to provide work
(1)Every employer shall provide his or her employee with work—
(a)in accordance with the contract of service;
(b)during the period for which the contract is binding; and
(c)on the number of days equal to the number of working days expressly or impliedly provided for in the contract.
(2)The duty in subsection (1) shall not apply if—
(a)the contract is frustrated;
(b)its performance is suspended;
(c)it is prevented by an act of God or civil strife;
(d)the employee has terminated the contract of service.
(3)Without prejudice to the generality of subsections (1) and (2), an employer is not liable to provide work where interruptions to his or her business activities are caused by—
(a)natural calamities;
(b)a strike, go-slow or other industrial action;
(c)subject to subsection (6), economic or technological reasons which result in a shortage or reduction of work that is beyond the employer's control.
(4)Where an employer fails to provide work as required by this section, he or she shall pay to the employee, in respect of every day on which he or she shall so fail, wages at the same rate as if the employee had performed a day's work.
(5)Subsection (3) shall not apply if on any day the employer offers, at the same wage rate, suitable alternative employment which the employee refuses or fails to undertake.
(6)The exemption from the duty of the employer to provide work arising under subsection (3)(c) is limited to a maximum of fifteen days in any one six month period.
Plain English Summary
You have the right to be provided with work by your employer on every working day stated in your contract. If your employer fails to give you work, th...
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