EMPLOYMENT LAW

1. At the beginning of the 1990s, the Jamaican labour force was just over a million, with a figure of 1,065,500 in January 1990. Between the period 1990 and 1998, the labour force grew by 7.0 percent, only to decline to 1,108,900 in 2000.
2. Among the employed, there was a growth of around 6.6 percent and the unemployed by
3. 9.1 percent between 1990 and 1998.
5. To determine whether a worker is an employee or a contractor, we need to consider the whole working arrangement and look at the specific terms and conditions between the parties under which the work is performed across.

REQUIRED

(a) Explain the differences between a Contract for Service and a Contract of Service, as well as

at least ONE (1) Test used to determine the nature of the employment contract between the

parties [8 marks]

b) Grettyneeds legal advise andvisits your office at the Legal Aid Clinic located on Old Hope Road. Getty explains that she has been fired because she is 8 months pregnant and cannot work anymore and was told that she cannot get maternity leave.

Getty explains that she started working with the company in March 2013 and her colleague Michelle was granted maternity leave in October 2013. Grettyalso indicated that she has been continuously employed by the same employer for a period of not less than fifty-two weeks at the date on which her absence begins. She feels that her supervisor doesn't like her and this is why she was forced to leave her job.

Gretty also alleges, that her boss was underpaying her because she was only earning $20,000.00 per month and he did not pay her for overtime but claimed that her working hours were from 6:30 a.m. until 9:00 p.m. She now wishes to sue her former employers.

REQUIRED

Advise Gretty on the procedure concerning maternity leave and explain the minimum wage in Jamaica. [8 marks}

Please assist using the irac format