Section 82, The Employment Act, 2023

(1) Where an employer contemplates the closing down,merging or the introduction of changes in production, programme, organisation, structure or technology of a workplace that are likely to result to redundancy of employment of a worker, he shall- (a) provide in writing to the Commissioner and trade union, where applicable, not later than 3 months before the contemplated changes, relevant information including the reasons for termination, the number and categories of workers likely to be affected and the period within which termination is to be carried out; (b) consult the trade union or workers concerned on measures to be taken to avert or minimise the number of workers to be terminated as well as measures to mitigate the adverse effects of termination on the workers, such as finding alternative employment. (c) the principle of “last in, first out” shall be adopted in the discharge of the particular category of workers affected, subject to all factors of relative merit, including skill, ability and reliability; (d) an employer shall use his best endeavours to negotiate redundancy payments to all discharged workers; (e) in the case of force majeure or an emergency situation arising out of a natural disaster or outbreak of diseases that may have severe negative impacts on the employer’s business and result to reduction in work force or closure of the business, the employer shall not pay redundancy compensation but shall pay end of service benefit and other entitlements that may due a worker; (f) this section shall not preclude an employer to take cognisance of provisions prescribed in a collective agreement or other better terms in respect of redundancy.