Law library · Sierra Leone · The Employment Act, 2023
Section 1: In this Act, unless the context otherwise requires-
Status not yet checkedThe Employment Act, 2023, Sierra Leone
“apprentice” means a person above the age of 14 years
under training at a workplace with an employer or
craftsman to acquire knowledge and skill, art or trade
within the period specified for the training;
“award” means a judgment or decision by the High
Court;
“business” means a trade, undertaking, operation or
establishment, whether corporate, public or private;
“casual worker” means a worker contracted to work
for a limited period of up to 6 months and such work
shall not include those normally performed by
regular workers in the workplace;
“Code of Practice on Discipline” means the Code of
Practice on Discipline set out in the Schedule;
“Commissioner” means the Commissioner of Labour
and Employment appointed by the Public Service
Commission for the purpose of the administration
and implementation of this Act;
“contract of employment or service” means a contract
or agreement containing the conditions and terms
of employment or service, whether written or oral,
whether expressed or implied, individually or
collectively, for a definite or indefinite period,
whereby a worker agrees in return for wages or other
remuneration to work for an employer, employing
organisation, institution or business establishment,
including a contract of apprenticeship, in the public
or private sector;
“court” means the High Court;
“day’s rest” means a period of rest comprising at least
24 consecutive hours;
“disability” means a physical, sensory, mental or other
impairment which has a substantial long-term adverse
effect on a person’s ability to carry out normal dayto-day activities;
“discrimination” includes a distinction, exclusion or
preference made on the basis of colour, disability,
political opinion, national extraction, marriage,
pregnancy and maternity, race, religion or belief,
sexuality, sex, membership of a trade union,
organisation or social origin, that has the effect of
nullifying or impairing equality of opportunity or
treatment in employment and occupation;
“earnings” include wages and allowances paid to a
worker by an employer and the value of food, fuel,
accommodation, overtime payment or other special
remuneration or benefit in kind;
“employer” means a person or group of persons
including a government, a public or local authority,
firm, corporation or company, partnership, business,
or any other entity whatsoever for whom one or
more workers work, have worked or normally work
under a contract of employment and includes the
heirs, successors and assignees of the employer;
“employers’ organisation” means an organisation of
employers that has among its principal objects the
regulation of collective relations between employers
and workers;
“environment” means a working environment or
premises in which work is done by a worker;
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Interpretation.
“equal remuneration” means rates of remuneration
established without discrimination;
“federation” includes the Sierra Leone Employers’
Federation;
“forced or compulsory labour” means work or service
which is performed by a person –
(a) under the menace of a penalty and for which
the person has not offered himself
voluntarily; or
(b) coerced to work through the use of violence
or intimidation; or by debt bondage, retention
of identity papers or threats of denunciation
to immigration authorities;
“health” in relation to work means not merely the
absence of disease or infirmity but it also includes
the physical and mental elements affecting health
which are directly related to safety and hygiene at
work;
“industrial action” means a temporary show of
dissatisfaction by employees by a concerted
withdrawal of labour or restriction upon the
availability or quantity of labour on the part of
workers, strike, slowdown or working to rule in order
to protest against bad working conditions or low
pay and to increase bargaining power with the
employer and to force the employer to improve them
by reducing productivity in a workplace, usually
organised by trade unions or other organised labour;
“internship” means a programme or period of work
experience offered by a firm, corporation, company,
organisation or government to help students and
graduates gain relevant skills and experience in a
particular field of work or trade or to satisfy a
requirement for a qualification;
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“intern” means a student or trainee who works,
sometimes without pay, in order to gain work
experience or satisfy requirements for a qualification;
“Joint Consultative Committee” means an advisory
committee appointed by the Minister to advise
generally on labour matters under the law governing
regulation of wages and industrial relations;
“Joint National Negotiating Board” means the Joint
National Negotiating Board for workers established
by the law governing regulation of wages and
industrial relations;
“labour official” means an officer appointed by the
Public Service Commission in whom the
Commissioner may delegate his functions and
powers generally or in part for the effective and
efficient performance of his functions under this Act;
“Minister” means the Minister responsible for labour
and “ministry” shall be construed accordingly;
“national minimum wage” means the national minimum
wage established by the Minister in accordance with
section 3 of the Minimum Wage Act, 1997;
“night work” means work which is performed between
8:00 o’clock in the evening and 6:00 o’clock in the
morning;
“outworker” means a worker to whom articles or
materials are given out to be made up, cleaned,
washed, altered, ornamented, finished, repaired, or
adapted for sale in his home or on other premises,
not in the control or management of the person who
gave out the articles or materials;
“pay statement” means a statement issued by an
employer under section 56;
“person” means a person or group of persons,
company, firm, corporation or any other kind of body
including their agents;
“probationary contract” means a contract of
employment for not more than 6 months period;
“Public Service Commission” means a body
established under subsection (1) of section 151 of
the Constitution of Sierra Leone (Act No.6 of 1991);
“qualified medical practitioner or personnel” means a
Government Medical Officer or a medical practitioner
registered in accordance with the Medical and Dental
Surgeons Act, 1966 (Act No. 3 of 1966);
“redundancy” means an involuntary loss of
employment by a worker due to circumstances where
an employer have to let go of one or more workers
due to circumstances unrelated to job performance
or behavior.
“remuneration” includes the ordinary, basic or
minimum wage or salary and any additional
emoluments whatsoever payable directly or
indirectly, whether in cash or in kind, by an employer
to a worker, arising out of the worker’s
employment;
“severance pay” means the benefit or entitlement given
to a worker by his employer at the end of his contract
of employment or service;
“strike” means the cessation of work or refusal to work
organised by a body of workers as a form of protest,
typically in an attempt to gain a concession or
concessions from their employer;
“summary dismissal” means the discharge of a worker
from an employment due to breach of dismissible
offence as prescribed in section 91;
“supervisor” means a worker having authority, in a
workplace, to recommend the hire, transfer,
suspension, layoff, recall, promotion, discharge,
reward or discipline of other workers or to
recommend such action;
“termination of employment” means the severance of
employment relationship;
“trade dispute” means a disagreement or difference
between employers and workers connected with the
employment, the terms of employment or with the
conditions of labour of workers and includes a
dispute connected with any of the following -
(a) terms and conditions of employment
including remuneration for employment;
(b) the engagement of a worker;
(c) the times at which or the conditions under
which work is, or is not performed;
(d) the demotion, suspension or imposition of
other penalty or discipline of a worker;
(e) the termination of an agreement by which
work is to be performed;
(f) the grievance or complaint of a worker in
respect of his employment;
(g) the machinery for negotiating the disputes
or for the settlement of a work-related dispute;
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“trade union” means an organisation of workers that
has among its principal objects the regulation of
collective relations between workers and employers;
“violence and harassment” means a range of
unacceptable behaviours, practices or threats,
whether a single occurrence or repeated, that aim at,
result in or are likely to result in physical,
psychological, sexual or economic harm, and
includes gender-based violence and harassment
directed against a person in the workplace;
“volunteer” includes a person of working age who
engages in an unpaid, noncompulsory work to
produce goods or provide service for a community
or organisation;
“wage” means remuneration or earnings, however
designated or calculated, capable of being expressed
in terms of money and fixed by mutual agreement or
by law, which is payable by virtue of a written or
unwritten contract of employment by an employer
to a worker for work done or to be done or for services
rendered or to be rendered;
“week” means a period of 5 working days;
“workplace” means a place where workers need to be
or to go by reason of their work and which is under
the direct or indirect control of an employer;
“worker” means a person who has entered into or
works under a contract of employment or other
contract with an employer, including a contract of,
or for service, a contract concerning learning or a
contract personally to execute any work or labour
and an outworker.
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