In addition to the general principles of good labour relations practice, dismissals, reductions and severance payments are governed by the provisions of the Reduction and Severance Pay Act. The provisions of this Act apply only to employees who meet the legal definition of "employee" under the Industrial Relations Act and who have completed at least one (1) year of service. Employment contracts are governed by the principle of contract law according to which a contract cannot be modified without the consent of the opposing party. Therefore, caution should be exercised when drafting all employment contracts. In addition, appropriate procedures should be followed when it becomes necessary to renegotiate any aspect of the employment relationship. In addition to the employment contract, certain terms and conditions of employment and/or obligations and rights of the employer and employee may also be required by statute or implied under common law, including those relating to, for example, minimum wage, severance reductions and severances, maternity leave, and health and safety. In addition to its political stability, strategic location and significant natural resources (especially natural gas), Trinidad and Tobago is attractive to foreign investors because of its skilled and productive workforce. The population is educated and has a high level of literacy. As the most industrialized Caribbean nation, Trinidad and Tobago has an experienced workforce in various activities, including all aspects of the oil, gas and petrochemical industries. An arbitral award or a decision of the Labour Court may be challenged only on the grounds that the Labour Court did not exercise its jurisdiction or exceeded its jurisdiction, that the order was obtained fraudulently, that it was vitiated by an error of law or that there was a specific illegality in the course of the proceedings. The Labour Court`s finding that an employee was dismissed in circumstances that were not in accordance with the principles of good labour relations practice is not subject to appeal. If the court finds that an employee was wrongly dismissed, it may award the employee reinstatement and/or financial damages, including damages and punitive damages.

The Labour Court has the power to make an award which it considers fair and just, having regard to the interests of the persons directly concerned and the community as a whole, the merits of the case before it and the principles of good labour relations practice. The Act also provides for mandatory mediation of labour disputes between an employer and its employees concerning the dismissal, employment, non-employment, suspension, refusal of employment, reinstatement or reinstatement of such workers and includes disputes relating to conditions of employment. According to the law, a labour dispute can only be initiated by (i) the employer, (ii) the majority recognized union for the collective bargaining unit to which the employee belongs, or (iii) if there is no recognized majority union, a union in which the employee(s) involved in the dispute are honourable members. For employees who do not belong to a trade union or for matters that do not fall within the jurisdiction of the Labour Court, disputes are usually settled amicably or by a traditional action for termination of the employment contract. The Labour Court established under the Industrial Relations Act has jurisdiction to hear and resolve "commercial disputes" between an employer and its employees, including disputes relating to the dismissal of employees, through compulsory arbitration. The Court shall exercise its jurisdiction in accordance with the principles of fairness, good conscience and good practice in industrial relations. However, this specialised court does not replace the traditional jurisdiction of the High Court for actions for breach of contract of employment or unfair dismissal. Ideally, employment contracts should be in writing, but there is no general rule to that effect. In practice, they are often done partly orally, partly in writing. Often, the basic terms and conditions of employment are set out in a letter of appointment, which usually includes a job description or an indication of the duties required, as well as a general provision that the employee must perform all other necessary duties.

If workers are represented by a recognised majority trade union, the terms of a collective agreement between the employer and the union may also govern the employment relationship. In addition to this general customary legal obligation, the Occupational Safety and Health Act (OSHA) establishes a legal framework for occupational health and safety. The scope of the law goes beyond traditional industrial operations to include stores, offices and other workplaces. The employer has a general customary duty to take reasonable care of the safety of its employees during the period of their employment, including the obligation to provide competent personnel, appropriate facilities and equipment, a safe workplace and a safe work system. Compliance with these regulations is critical because, in addition to certain criminal penalties, OSHA gives workers the right to refuse work if there is a danger to safety or health. Health, safety, health and safety, occupational health and safety Under the Workers` Compensation Act, an employer is required to pay compensation for injury or death to an employee as a result of a workplace injury. The value of this benefit is calculated according to a prescribed formula and depends in part on a medical assessment of the worker`s permanent partial disability. In the event of death or serious and permanent incapacity, the employer remains liable, even if the accident may have been caused by serious and intentional misconduct on the part of the employee. The amounts payable for workers` compensation are relatively modest. However, paying workers` compensation to an employee does not preclude the employee from bringing any other action he or she may have against the employer (for example, negligence).

However, in determining the compensation due to the worker, the Court takes into account the amount paid to him as workers` compensation. The Act prohibits discrimination on the basis of "status," which includes: (i) sex (but not sexual preference or orientation), (ii) race, (iii) ethnic origin, (iv) origin, including geographic origin, (v) religion, (vi) marital status, (vii) disability (including mental or mental illness or disorder). Age is not a category protected by law. Discrimination occurs when an employer treats an employee or potential employee less. However, the regulation does not apply to employees who receive an hourly rate of at least 1.5 times the minimum wage. Explanatory memorandum - Nationality, Immigration and Asylum Act 2018 Contributions are calculated on the basis of a formula set out in the Social Security Act. Essentially, the legislation sets out several "categories of earnings," each of which involves "assumed average weekly earnings." Earnings include more than salary or base salary, but include acting allowances, overtime, scholarships, allowances, commissions, production or efficiency bonuses, on-call service payments, hazard or dirt allowances, and dependents` allowances. The contribution payable for an individual employee is based on the assumed average weekly earnings of the class to which the individual employee belongs and a statutory rate adjusted from time to time. Effective September 2016, the legislated rate was increased to 13.2% of insurable earnings. Although these conditions are prima facie void because they are contrary to public policy, they may be enforceable if they are proportionate both between the parties and in the public interest. A restriction that purportedly takes effect after the termination of the employment relationship is not appropriate unless it protects certain legally recognized property interests of the employer. Even where those recognised interests are concerned, the restriction imposed on the employee must not exceed what is reasonably necessary to protect that interest, failing which they shall be null and void.

The terms of the employment contract should be carefully considered, as they clarify many important issues, such as the notice period required for dismissal and the conditions that the employer deems necessary to protect its intellectual property rights and trade secrets. Where appropriate, the contract may contain restrictive agreements prohibiting a former employee from setting up a competing business or working for a competitor in a given territory for a certain period of time. MOTOR VEHICLES AND ROAD TRAFFIC ACT (ENFORCEMENT AND ADMINISTRATION) CHAPTER 48:52 Current authorized pages Authorized safety: This includes regulations on the supply of clothing and protective devices, dust and smoke suppression, and machinery protection; The Equality Act generally prohibits employers from discriminating against employees or prospective employees on the basis of their gender, race, ethnicity, geographical origin, religion, marital status or disability.

Why Are Credit Cards Legal

Borrowers with subprime credit scores often paid high upfront costs to get a credit card. These include annual fees, monthly fees, activation fees, and account setup fees. The 2009 CARD Act did not remove these fees, but capped them. Taken together, these fees for subprime credit cards or “fee collection” cannot exceed 25% of the credit limit set when opening the account. Most people have at least one credit card or credit card and usually use it daily. Banks and credit card companies are constantly creating new selling points and products to entice people to sign up for the latest card they offer. However, before signing up for a new card, it is important that consumers understand the laws and regulations governing the use of credit cards and cheque cards. The Credit Cards section of FindLaw provides information and resources about credit cards and credit cards, including a guide on how to choose the best card for you. This section also provides an overview of various credit card laws, such as the Equal Credit Opportunity Act and the Credit Card Liability and Disclosure Act (CARD). Prior to the CARD, credit card companies were free to increase interest rates on future purchases as well as retroactively on existing balances without notifying borrowers in advance. Under the CARD Act of 2009, credit card issuers are generally required to wait at least one year before an account is at least one year old before raising interest rates, and must notify the cardholder 45 days before such an increase, during which time the cardholder may terminate the account. In addition, the Card Act does not allow card issuers to charge interest on balances outside the last billing period, as was previously the case for some card issuers.

In addition, the CARD Act requires all consumer fees to be “reasonable and proportionate” by adding limits on late fees, annual fees, monthly fees, activation fees and setup fees, and changing how businesses charge fees above the limit. The CARD Act also introduced rules for young adults wishing to open credit card accounts by setting a general minimum age to open a credit card without a co-signer (21), subject to exceptions for young adults who prove they are able to repay their credit card debt independently. If lending practices were considered unfair to consumers, why aren`t they unfair to business owners, NSBA President Todd McCracken argued during testimony before the U.S. House of Representatives Subcommittee on Financial Institutions and Consumer Credit in March 2009. The NCLC Truth in Lending Act is the essential process tool for mortgages, auto loans, credit cards, leases, and any other type of loan. The original limit for late fees was $25 for the first payment due date and $35 if payments were repeatedly late. Each year, the CFPB reassesses late fees and may adjust them. The last adjustment was in January 2020, when fees increased to $29 for the first late payment and $40 for multiple late payments over the six credit card billing cycles.

One of the most frequently cited omissions in the CARD Act is the absence of a cap on the maximum interest rate a creditor can charge. In 2010, subprime card issuer First Premier offered a credit card with an interest rate of 79.9%. Recently, the same card issuer offered a card with an interest rate of 36% (the maximum interest rate allowed in South Dakota, where First Premier is headquartered) as well as a number of fees. (First Premier Bank is currently on Forbes Advisor`s list of infamous credit cards you never get.) The result is that we now have a situation where consumer credit cards and other financial information are bought, sold, traded, and accumulated by the private sector at an increasingly rapid pace – making them all the more convenient and available to government. Thanks to the CARD law, you usually have to be at least 21 years old to open a credit card on your own. If you want to open an account beforehand, you will need to add an adult co-signer to your application. If you`re facing financial hardship due to the coronavirus pandemic, we have resources to help you stay on top of your finances and protect your balance. Credit cards have fixed or customizable interest rates, based on an interest rate index. When buying a card, find out if the APR is fixed or variable.

The CARD Act of 2009 introduced restrictions on interest rate increases that credit card issuers can charge.

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