We are a construction firm and we have monthly and daily workers. Due to construction work stop temporary, we ask our daily worker to go on unpaid leave for several days until further notice. Is there any limit on the unpaid leave because for sure there have no pay and will burden them. What are the right action should I take so that it will not go against the labour law.
Regulation 5 of the Employment(Termination and Lay-off)Regulations quoted below may provide some guidance to you:
"5. (1) Where an employee is employed under a contract on such terms and conditions that his remuneration thereunder depends on his being provided by the employer with work of the kind he is employed to do, he shall, for the purposes of regulation 3 (b), be deemed to be laid-off if -
(a) the employer does not provide such work for him on at least a total of twelve normal working days within any period of four consecutive weeks; and
(b) the employee is not entitled to any remuneration under the contract for the period or periods (within such period of four consecutive weeks) in which he is not provided with work; ....."
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