SURINAME

CIVIL CODE (EXTRACTS)

Arrangement of Sections

Chapter 4
1615 a - d    The obligation of the employee.

Chapter 5
1615 e - y     The different manners in which employment resulting from an employment contract originates and terminates.
 

FOURTH CHAPTER
The obligations of the employee

1615.    
The employee is obliged to perform the agreed work to the best of his ability. Custom shall decide in the event the nature and the proportion of the work to be performed has not been defined, neither by agreement nor by regulation.

1615 a.    
The employee is obliged to perform the labour himself. He cannot have himself be replaced by a third person. Such a replacement is subject to permission from the employer.

1615 b.    
The employee is obliged to observe the regulations regarding the work to be performed, as well as those, serving to promote good order in the business of the employer, issued by or on behalf of the employer, within the limits of legal regulations or agreement, or in the absence thereof, of standing custom.

1615 c.    
The employee, residing in the employer’s household, is obliged to behave according to the order of that household.

1615 d.    
In general, the employee is obliged to do all and to refrain from all, which a good employee in similar circumstances is expected to do and to refrain from.

1^st     if such has been stipulated in a written agreement or by regulation;

2^nd    if legal requirements or standing custom, also in the case of a previously determined term, determine that termination must be observed, or parties, where such is allowed, have differed from by virtue of written agreement or by regulation;  

3^rd     if, in accordance with article 1615 f., the employment is considered to  have been extended for a predetermined time .  

1615 f.    
(1)    The employment contract described in the first paragraph of the preceding
article, not having as its aim the pure performance of casual, irregular labour,  and extended by both parties without objection, shall, on the basis of the previous conditions, be considered extended for the same duration, each time, however, for one year at the most.

(2)     The same applies in cases where timely termination, which is expected to
pertain to an employment for fixed duration, is not forthcoming and the consequences for the continuation of the employment are not intentionally regulated.    

(3)    The same applies if, in the case referred to in paragraph two of the preceding article, timely notification is not forthcoming and parties have not intentionally regulated the resulting consequences.

1615 g.    
(1)     An employment is considered to be entered into for an indefinite period of time
in the case the duration is not indicated by agreement or regulation, nor by legal instruction, nor also by standing custom.
    
(2)     An employment entered into for an indefinite period of time, or until notice of cancellation, gives each of the parties the right of termination, considering the provisions of the following two articles.

1615 h.
(1)     The termination may take place only at the day or at one of the days, determined by agreement or regulation, or, in the absence of such, on one of the days thereto indicated by standing custom; in the absence of such indication the termination may take place at any day.

(2)     The employer may not terminate during the time the employee, due to sickness, is not able to perform his work and pursuant to article 1614c preserves his right on pay.

(3)    The employer may not terminate during the time the employee, resulting from the fulfilment of his compulsory military service, or any other legal regulation, or from the government, at financial compensation, imposed temporary obligation in the interest of the internal security of the public order and rest, is not in the position to perform the stipulated labour. This provision is not valid with respect to a minor employer, of whom the employment at the moment of the temporary prevention has not yet lasted four months.

(4)     The provision in the second and third paragraph is of no application if an employment entered into for a definite period of time is extended according to article 1615 f.

(5)     Deviations from the second and third paragraph are possible only by virtue of a collective labour agreement.

1615 i.    
(1)     The term of termination is equal to the time which normally expires
between two consecutive payments of the financially expressed wages, with a minimum of one week; the term of termination is equal to the time between the day of termination and the last day of the following month if payment is determined per month or a longer period of time.
    
(2)     Each condition contrary to a provision of paragraph 1 is invalid.
    
(3)     The term of termination comes to:

1.for the employer:

a.     if the employment has lasted ten years at the most: so many weeks as the employment contract has lasted full years;

b.     if the employment has lasted more than ten years but fifteen years at the most: four months;

c.     if the employment has lasted longer than fifteen years: six months;

2.for the employee:

a.     if the employment has lasted ten years at the most, so many weeks as the employment has lasted periods of two full years;

b.     if the employment has lasted more than ten years, but at the most fifteen years: two months;

c. if the employment has lasted more than fifteen years: three months.

a.     they exist between the same parties and have succeeded each other with intervals of not more than 31 days, unless the employments have related to casual, irregular work, and have each ended within 31days.

b.     the same employee has consecutively been in the service of various employers, who with regard to the performed work must reasonably be considered to be each other’s successor.

(8)    In the case of very special circumstances, the judge, at the request of the employer, may set the termination term mentioned in paragraph 3 sub 1 b. and c., to a shorter period of time, provided that no shorter period may be determined than 13 weeks.

(9)    In the case of very special circumstances, the judge, at the request of the employee, may set the termination terms mentioned in paragraph 3 sub 2 b. and c., to a shorter period of time, provided that no shorter period may be determined than 6 weeks.

(10)    The very special circumstances, mentioned in paragraphs 8 and 9, are considered to be present only if such alterations have come to pass in the circumstances that the requestor may reasonably not be considered able to meet the termination terms prescribed in paragraph 3, sub 1, b and c. and sub 2, b. and c.

1615 j.        
The employment ends with the death of the employee.

1615 k.    
The employment does not end with the death of the employer, unless the opposite arises from the agreement. However, the successors of both the employer and the employee are authorized to terminate the employment  entered into for a determined period of time, by means of notice, taking into account the provisions of articles 1615 h. and 1615 I., as if this were entered into for an indefinite period of time,.

1615 l.    
(1)     If a probationary period has been agreed, each of the parties is authorized to end the employment immediately by means of termination.

(2)    Every condition, in which the probationary period is not equal for both parties
or exceeds the period of two months, as well as every condition, whereby the same parties agree to a new probationary period, is invalid.

1615 m.    
(1)    If the legal representative of a minor is of the opinion that the employment
entered into by that minor shall have negative consequences for the minor, or has, or that the conditions referred to in the authorization mentioned in article 1613 g. are not satisfied,     that legal representative may approach the Canton-al Judge in whose jurisdiction the true residence of the minor is situated, with the written request to declare the employment contract dissolved.

(2)    The judge shall not grant the request than after examination or due summons of the minor, of the employer, and, if the minor is under guardianship, of the co-guardian.

(3)    If the judge has granted the request, he shall also determine the moment the employment shall end.

(4)    The decision does not allow for any provision.

1615 n.     
(1)    Equal authorization, as in the preceding article granted to the legal representative, shall under similar circumstances be granted to the Attorney General also.   The judge shall not grant the request than after examination or due summons of the persons referred to in the second paragraph of the preceding article, and of the legal representative of the minor.

(2)     The two last paragraphs of the preceding article are applicable.  

1615 o.    
(1) Each of the parties may terminate the employment without notification or without considering the provisions valid for notification. However, the party to do this, without permission from the counterparty, shall be liable for damages, unless he terminates the employment as the consequence of an urgent reason, which has immediately been announced to the counterparty.  

(2)    Liable for damages also is the party, who by intention or guilt, has given the counterparty an urgent reason to terminate the employment without notification or without considering the valid provisions for termination, if the counter-party has made use of that authorization or the judge, on that ground, pursuant to article 1615 x. first paragraph has declared the employment dissolved.

(3)    If one of the parties, according to the preceding paragraphs, is liable for damages, the counterparty is entitled to claim either the compensation refer-red to in article 1615 r. first paragraph, or a full compensation.  

1615 p.    
(1)        Urgent reasons for the employer in the sense of the preceding article are considered to be, such actions, characteristics or behaviour of the employee, which have as a result that the employer may reasonably not be expected to continue the employment.
            
(2)        Urgent reasons shall be considered present among others:

1.    when the employee, in concluding an agreement, has misled the employer by producing false or forged diplomas, or has purposely furnished false information regarding the manner in which his prior employment has ended;

2.    when he seriously seems to lack the competence or the capability for the work to which he has committed himself;

3.when he, despite warning, takes to drunkenness or other debauched behaviour;

4.when he becomes a party to theft, embezzlement, deceit or other crimes as a result of which he becomes unworthy of the trust of the employer;

5.when he batters, crudely insults or seriously threatens the employer, his family members, or the co-workers;

6.when he entices or tries to entice the employer, his family members, or the co-workers to actions, contrary to the laws or good morals;

7.when he purposely, or despite warning, recklessly causes damage to or either places the property of the employer at great risk;

8.when he purposely, or despite warning, recklessly subjects himself or others to serious danger;

9.when he makes public, particulars regarding the employer’s house-hold or business which he was expected to keep confidential;

10.when he persistently refuses to comply with reasonable commands or orders given by or on behalf of the employer;

11.when he crudely neglects the obligations laid upon him by the employment contract;

12.when he, be it on purpose or by recklessness, is not able to perform the required work.

1.    when the employer batters the employee, his family members or residents, crudely insults or seriously threatens them, or tolerates that such actions be committed by one of his, the employer’s, family members or subordinates;

2.    when the employer entices or tries to entice the employee or his family members to actions contrary to the laws or good morals, or tolerates that such enticement or attempt to enticement is committed by one of his family members or subordinates;

3.    when the employer does not pay the wages on the agreed time;

4.    when, in the case lodging and boarding have been agreed, the employer cannot provide these in a proper manner;

5.    when the employer does not provide the employee, whose wages are dependent of the outcome of the work to be performed, with sufficient work;

6.    when the employer does not, or not in the proper manner, provide the employee, whose wages are dependent of the outcome of the work to be performed, with the required  assistance;

7.     when, in another manner, the employer grossly neglects the obligations imposed on him by the employment contract;

8.    when the employer, without the nature of the employment demanding such, orders the employee, notwithstanding his refusal, to perform labour in the business of another employer;

9    when the continuation of the employment would subject the employee to serious dangers for his life, health, morality or good name, which were not obvious at the time of concluding the employment contract;

10.    when the employee, due to sickness or other reasons without his doing, is no longer in the position to perform the required work.

(3)    Provisions resulting in the decision whether an urgent reason as indicated in article 1615 o exists, left to the discretion of the employee, are invalid.

1615 r.    

(1)    The compensation referred to in the articles 1613 k. and 1615 o. is the same as the amount of the wages for the time the employment, in the case of regular termination, should have lasted. The definition of wages is constituted by the components referred to under 1 and 7 of article 1613 p.

(2)    The standard referred to in article 1613 o. is valid in the case the wages of the employee are, either completely or partly, not determined by a period of time.

(3)    Every provision regarding a lower compensation for the benefit of the employee is invalid.

(4)    Compensations to a higher amount are allowed but must be laid down in written agreements.

(5)    The judge is authorized to set the compensation, referred to in the first and fourth paragraph of this article, at a smaller amount, in the case this amount, in his opinion, seems excessive.

(6)    The amount of the compensation due is subject to interest, calculated at a rate of six percent per annum in the year of the day the employment has expired.

1615 s.    
(1)    The judge may award the counterpart a fair compensation, if one of the parties, whether or not the provisions valid for ending have been observed, has decided to end the employment in an obviously unreasonable manner.

(2)    Termination of the employment by the employer shall, among others, be considered obviously unreasonable:

a. when the termination occurs without notification of reasons or under notification of a pretended or false reason;

b. when, considering the number of years the employment has lasted, the provisions made for the employee, the consequences of the termination, for the employee, constitute a disproportionate relation compared to the interest of the employer;

c. when this occurs in connection with the employee being prevented to perform the required work as referred to in the third par. of article 1615 h.;

d. when this occurs contrary to legal requirement or valid seniority arrangement for the category of employees, to which the employee belongs, unless important reasons to this end are present;

e. when this occurs on the basis of actions by members of the board or representatives of a workers  association, which may be considered representative for the employees or for a certain category thereof in the service of the employer, as far as these actions are directly connected with the labour relations or associational rights and are not illegal;

f. when this occurs in connection with a not-unlawful work strike, unless the employer, is thereto authorized by legal requirements.   

a. when this occurs without notification of reasons or under notification of a pretended or false reason;

b. when, the consequences of the termination, for the employer, constitute a disproportionate relation compared to the interest of the employee.