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Suriname

Employee Rights and Protections

Explore workers' rights and legal protections in Suriname

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Termination

In Suriname, the termination of employment contracts is governed by the Suriname Civil Code and the Labor Act of 1963.

Grounds for Lawful Dismissal

An employer in Suriname can lawfully terminate an employment contract under specific circumstances:

  • Consent: The contract can be ended if both the employer and the employee agree to it.
  • Serious Reasons: These include the employee's incompetence or inability to perform their duties, gross misconduct such as theft or violence, regular absence or lateness, and refusal to perform work.
  • Economic Reasons: Financial difficulties within the company that necessitate job cuts or reorganization can be grounds for termination.
  • Expiry of a Fixed-Term Contract: The employment naturally ends when the term of a fixed-term contract concludes.
  • During the Probationary Period: Termination without specific cause is permitted within the initial two months of employment.

Permission from the Dismissal Board

In most cases, an employer in Suriname must secure permission from the Dismissal Board, a government entity under the Ministry of Labor, Technological Development, and Environment, to terminate an employment contract. Exceptions to this rule include instances of mutual consent, expiry of a fixed-term contract, and termination during the probationary period.

Notice Periods

The notice period in Suriname depends on the employee's length of service. The notice period increases with the number of years the employee has worked. Typically, a maximum of 6 months' notice applies if the employer initiates the termination and up to 3 months if the employee resigns. It is possible to negotiate a longer notice period within the employment contract.

Severance Pay

Suriname's labor laws do not guarantee a legal entitlement to severance pay. However, severance pay may become applicable in certain situations:

  • Collective Bargaining Agreement (CBA): A CBA might stipulate severance pay provisions.
  • Employment Contract: If severance terms are included within the employee's contract.
  • Dismissal Board Decision: The Dismissal Board occasionally mandates severance payment as a condition for permitting termination.

Discrimination

In Suriname, the Constitution serves as the primary legal foundation for anti-discrimination. It offers broad protection as outlined in Article 8, which states that no one shall be discriminated against on the grounds of birth, gender, race, language, religious origin, education, political beliefs, economic position, social circumstance, or any other status. This is further reinforced by the Law on Equal Treatment in the Workplace, which specifically prohibits employment discrimination on these grounds, as well as sexual orientation.

Redress Mechanisms

Suriname provides several avenues for addressing discrimination complaints. Individuals experiencing discrimination can file complaints with law enforcement, such as the police and prosecutor's office, who are then tasked with investigating and potentially pursuing legal action. Employers are often required to have internal grievance procedures in place to address discrimination complaints within the workplace. In cases of severe discrimination or where other avenues have been exhausted, individuals may file civil lawsuits to seek compensation or other forms of redress.

Employer Responsibilities

Employers in Suriname have specific obligations to prevent discrimination and foster an inclusive work environment. They must develop and implement clear policies prohibiting discrimination based on the protected characteristics outlined in the law. Regular training should be provided to employees on anti-discrimination laws, procedures for reporting incidents, and recognizing unconscious biases. Employers must also have fair and transparent procedures for receiving, investigating, and addressing discrimination complaints, including taking necessary corrective actions. Additionally, employers are encouraged to take proactive steps to promote diversity and inclusion in the workplace, ensuring representation and equal opportunities for all.

Working conditions

Suriname has a legal framework that outlines basic standards for employee well-being in the workplace. The Surinamese Labor Code establishes a maximum workweek of 48 hours, which translates to 8.5 hours per day. This provides a baseline for scheduling, ensuring that employees receive mandated rest periods throughout the week.

Work Hours

The Surinamese Labor Code sets a maximum workweek of 48 hours, which translates to 8.5 hours per day. This provides a baseline for scheduling, ensuring that employees receive mandated rest periods throughout the week.

Rest Periods

While specific regulations on mandated breaks throughout the workday seem to be absent, the 48-hour maximum workweek inherently implies that rest periods are factored into scheduling. Additionally, Suriname recognizes the importance of sick leave, with employers obligated to pay remuneration for short-term illness (up to 6 weeks) under certain conditions.

Ergonomic Requirements

Information regarding specific ergonomic requirements in Suriname appears limited. However, the Labor Act serves as the primary legislation governing employment relationships, and it likely encompasses general provisions for workplace safety.

Health and safety

Suriname places a high priority on the well-being of workers through a comprehensive framework of health and safety regulations. These rules outline the responsibilities of employers, the rights of workers, and the enforcement bodies tasked with ensuring a safe working environment.

Employer Obligations

The Labor Act of Suriname is the foundation of health and safety legislation in the workplace. Here are some key obligations for employers as mandated by the Act:

  • Risk mitigation: Employers are required to identify and address potential hazards in the workplace to prevent accidents and occupational diseases.
  • Safe work environment: Employers are responsible for providing a clean and hygienic work environment with acceptable temperatures and adequate ventilation to minimize health risks.
  • Personal protective equipment (PPE): Employers are obligated to provide workers with necessary PPE and ensure its proper use and storage.
  • Safety training: Employers have a duty to educate workers on safe work practices and procedures specific to their job roles.

Employee Rights

Workers in Suriname have fundamental rights regarding health and safety in the workplace:

  • Safe work environment: Workers have the right to work in a safe environment free from unreasonable risks to their health and well-being.
  • Refusal of unsafe work: Workers can refuse to perform tasks they believe are unsafe without facing repercussions.
  • Access to information: Workers have the right to be informed about potential hazards associated with their work and the corresponding safety measures.

Enforcement Agencies

The Ministry of Labour, Technological Development and Environment (LTTD) is responsible for enforcing health and safety regulations in the workplace in Suriname. The LTTD's Labour Safety Inspectorate conducts inspections to ensure compliance and investigates reported violations.

The Labour Safety Inspectorate, which follows up on complaints and conducts regular inspections, has the authority to issue fines and impose corrective orders on employers who fail to meet safety standards.

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