The Protection of Employment Act (Cap 18.27) is the main legislation that governs employment termination in Saint Kitts and Nevis.

Lawful Grounds for Dismissal

An employer in Saint Kitts and Nevis can dismiss an employee on the following grounds:

• Misconduct: Serious misconduct by the employee can lead to immediate dismissal.
• Performance: Unsatisfactory performance can lead to dismissal, but only if the employee has received two prior warnings within a six-month period.
• Redundancy: The employer can dismiss an employee if there are valid economic, technological, or structural reasons for eliminating the position.
• Permanent Infirmity: If a doctor certifies that the employee can no longer perform their duties due to an illness or injury that has lasted for at least three months.

Notice Requirements

The notice requirements in Saint Kitts and Nevis are based on the employee's tenure with the employer and their payment schedule:

• Tenure-Based Notice:

  • 3 months to 1 year of service: 1 week
  • 1 year to 3 years of service: 2 weeks
  • 3 years to 5 years of service: 3 weeks
  • 5 years to 7 years of service: 4 weeks
  • 7 years to 10 years of service: 5 weeks
  • 10 years to 15 years of service: 6 weeks
  • 15 years or more of service: 10 weeks

• Monthly Paid Employees:

  • 3 months to 5 years of service: 1 month
  • 5 years to 10 years of service: 2 months
  • 10 years or more of service: 3 months

Severance Pay

In Saint Kitts and Nevis, employees who have worked for the same employer for at least a year are entitled to severance pay. The calculation is as follows:

• 2 weeks of pay for each of the first 5 years of service
• 3 weeks of pay for each year of service between 5 and 10 years
• 4 weeks of pay for each year of service exceeding 10 years

Important Considerations

• Probationary Periods: Employers can dismiss employees during a probationary period without notice.
• Mutual Agreement: Employers and employees can mutually agree to termination terms that are different from those stipulated in the law.
• Employer Obligations: Employers must ensure they follow the correct procedures and provide clear documentation when terminating an employee's employment.

Saint Kitts and Nevis have general anti-discrimination provisions, but they lack comprehensive laws specifically addressing discrimination in areas like employment or housing.

Key Legal Provisions

The Constitution of Saint Christopher and Nevis (1983) guarantees fundamental rights and freedoms, including the right to equality before the law and protection from discrimination. It directly prohibits discrimination based on race, place of origin, political opinions, color, creed, and sex.

While there's no specific anti-discrimination law in employment, the Labour Code has some protections. It ensures equal remuneration for men and women for work of equal value.

Gaps in Legislation

There are gaps in the legislation of Saint Kitts and Nevis. The country lacks robust anti-discrimination legislation addressing discrimination based on sexual orientation, gender identity, disability, and other characteristics.

Protected Characteristics

The main protected characteristics under the law include race, place of origin, political opinions, color, creed, and sex.

Redress Mechanisms

Individuals facing discrimination can lodge complaints with the Labor Commissioner, who handles disputes related to employment, including potential cases of discrimination. They can also seek redress through the Courts by filing civil suits if they believe their rights under the Constitution have been violated.

Employer Responsibilities

Employers in Saint Kitts and Nevis have a general responsibility to uphold the constitutional guarantees of equality by creating a non-discriminatory work environment. They should ensure fair treatment of employees, avoiding any actions that could be construed as discriminatory based on the protected characteristics. They should also implement policies and practices that promote equality and prevent discrimination.

The Need for Stronger Laws

International organizations and human rights groups have advocated for Saint Kitts and Nevis to strengthen its legal framework to provide comprehensive protection against discrimination. This would include enacting specific legislation outlawing discrimination on a wide range of grounds and establishing a dedicated body or commission to handle discrimination complaints.

In Saint Kitts and Nevis, the standard workweek is 40 hours, spread over five days from Monday to Friday. Any work exceeding these hours qualifies as overtime and must be compensated at a rate of time and a half. Employees are also entitled to a weekly rest period of at least 24 consecutive hours, ensuring they have sufficient time to recover and return refreshed.

Work Hours and Overtime

• Standard Workweek: 40 hours, spread over five days from Monday to Friday.
• Overtime: Compensated at a rate of time and a half for any work exceeding 40 hours.
• Rest Periods: At least 24 consecutive hours of rest per week.

Additional Leave Considerations

While Saint Kitts and Nevis likely offers standard maternity and paternity leave provisions, specifics should be obtained through the Ministry of Labour or relevant employer resources.

In Saint Kitts and Nevis, ensuring a safe and healthy work environment is a shared responsibility. The government, employers, and employees all play a crucial role in preventing occupational injuries and illnesses.

Employer Obligations

The Occupational Safety & Health (OSH) framework in Saint Kitts and Nevis places significant responsibility on employers to safeguard worker well-being.

• Provide a Safe Workplace: Employers must ensure, as far as reasonably practicable, the health, safety, and welfare of their workers. This includes providing and maintaining safe work equipment, machinery, and places of work.
• Implement Risk Management: Employers are required to identify potential hazards in the workplace and implement control measures to mitigate risks.
• Provide Information and Training: Employers must provide workers with information, instruction, training, and supervision necessary for safe work practices.
• Maintain Records and Report Incidents: Employers are obligated to maintain health and safety records and report work-related accidents, injuries, and dangerous occurrences.

Employee Rights

Employees also have important rights under the OSH framework:

• Right to a Safe Workplace: Employees have the right to work in a safe environment free from unreasonable risks to their health and safety.
• Right to Information and Training: Employees have the right to receive information, instruction, and training on health and safety matters.
• Right to Refuse Unsafe Work: Employees have the right to refuse work that they reasonably believe poses a risk to their health and safety.

Enforcement Agencies

The Department of Labour (DoL) is the primary agency responsible for enforcing health and safety regulations in Saint Kitts and Nevis. DoL inspectors have the authority to:

• Enter workplaces and conduct inspections.
• Investigate accidents and complaints.
• Issue orders to employers to rectify unsafe conditions.
• Prosecute employers who violate health and safety regulations.

The DoL works collaboratively with other government agencies, employer organizations, and trade unions to promote a strong safety culture in Saint Kitts and Nevis workplaces.