CAYMAN ISLANDS Law and Practice Contributed by: Daniel Lee, Sophia Scott, Kimberly Robinson and James Turner, Maples Group
the Labour Tribunal would be deducted from any award for damages made by the court. The Workmen’s Compensation Act (As Revised) provides for the payment of compensation by the employer to any workman who suffers per - sonal injury by accident arising out of and in the course of employment. This is an insurable risk and is normally covered by an employer’s insur - ance. 4.2 Characteristics of Employment Contracts While the Labour Act does not require that an employment contract be entered into between an employer and an employee, the Labour Act requires an employer to furnish each employee with a written statement of working conditions containing the following information: • job title, a brief statement of the general responsibilities and duties of the employee and of any special requirements or conditions of the job; • regular hours of work, together with any particular terms or conditions relating to the hours of work; • rate of remuneration, or the method for calcu - lating it; • intervals that remuneration is paid; • in the case of employees whose pay is nor - mally stated on some basis other than hourly, the hourly equivalent save that in the case of persons remunerated wholly or in part by commission, the rate of commission should be stated; • period of employment, if other than indefinite; • period of probation, if any; • employee’s holiday entitlement or the method for calculating it; • employee’s entitlement to sick leave; and
• length of notice the employee is obliged to give and is entitled to receive to terminate the contract of employment. 4.3 Working Time There is no minimum or maximum working time
applicable to salaried employees. 4.4 Termination of Employment Contracts Employer’s Notice
Unless the contract of employment is for a fixed term, or the dismissal is for good cause, miscon - duct, or failure to perform duties in a satisfactory manner, every employer must give advance writ - ten notice to an employee whose employment it intends to terminate: • For an employee still serving a probation - ary period, at least 24 hours’ notice must be given. • In all other cases, the period of notice must be at least equal to the interval between pay days (eg, if paid every two weeks then two weeks’ notice must be given). However, notice need not exceed 30 days in any cir - cumstances, unless the employment contract provides for longer notice. Once the appropriate advance notice is given, the employer may terminate the employment prior to the effective date so long as the employ - ee is paid an amount equal to that which he/ she would have been paid had he/she worked throughout the period. This, however, is subject to the provisions regarding severance pay and unfair dismissal dealt with below. An employee whose employment is terminated by the employer for any reason shall receive payment for each day of unused vacation leave accrued at the time of termination.
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