Section 70, The Employment Act, 2023

(1) Continuous service shall begin from and include thefirst day on which a worker begins to work for an employer and shall continue up to and including the last day on which that work finishes. (2) In the event of change of management or ownership of a workplace, a worker shall be paid his full entitlements and any other statutory allowances. (3) It shall be presumed, unless the contrary is shown, that the employment of a worker with an Employer is continuous whether or not the Worker remains in the same job. (4) A worker’s continuous service shall not be treated as interrupted if the Worker is absent from work due to- (a) his taking annual leave, maternityor paternity leave, sick leave or any other leave inaccordance with this Act, any other enactment, contract or collective agreement; (b) his suspension, with or without pay, in accordance with this Act, any other enactment, contract orcollective agreement; (c) the termination of his employment prior to his reinstatement or re- engagement in accordance with this Act, any other enactment, contract or collective agreement; (d) having been temporarily laid-off by the employer; (e) action in pursuance of a strike, lock- out or other industrial action in which he did not participate; or (f) an agreement of his employer. (5) A period of time elapsing in the circumstances referred to in subsection (4) shall count for the period of calculating the continuous period of employment. (6) Where a worker is engaged in an occupation in which it is customary to employ some workers only at certain seasons of the year and that worker is employed for successive seasons, the worker shall be deemed to have been continuously employed for the aggregate of all the time he has actually performed work for his employer for successive seasons. Probationary contract not a defence. Continuous service. 44 45 Common not a defence. PART VII - LEAVE ENTITLEMENTS AND MATERNITY PROTECTION