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27 53 pay wages at or above the minimum rate to that employee during the two years immediately preceding the date on which the information was laid and, on proof or admission of the failure, the Court may order the employer to pay to the employee such sums as in the opinion of the Court represents the difference betwee... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(3) Where an offence for which an employer is liable to a fine under this section was in fact committed by his agent or another person, said agent or other person shall be liable to be proceeded against as if he were the employer, either together with, or before or after the conviction of the employer, and shall be lia... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C24.
Except where otherwise provided by a collec- FzdP:p;:a tive agreement, every employer shall permit each of his periods; employees to enjoy in every period of seven consecutive days z,"ISm,"n; a period of rest comprising at least twenty-four consecutive exceptions.
hours.
54 CAP.
27) Antigua and Barbuda Labour ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(3) Except as provided in subsection (4) herein no employer shall employ any person in excess of twelve hours in any twenty-four hour period or in excess of seventy-two hours in any one hundred and sixty-eight hour period. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(4) Whenever the Minister deems it necessary to increase the allowable hours of work in any establishment or industry, either permanently- (a) in work which is essentially intermittent; (b) in exceptional cases required by the public in- terest; or (c) in operations which for technical reasons must necessarily be carri... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27 55 Provided, however, that with respect to a permanent increase, the consultation shall be with an Advisory Com- mittee appointed by him, with respect to which Committee the provisions of section C 21 (2) to (9) inclusive shall apply.
C25.
Any contravention by an employer of the .pro- Penalties.
visions of sectio... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C26.
Premium pay shall consist of at least one-and- Premium pay.
one half times an employee's basic wage per hour.
C27.
For any hour of work in excess of eight in any Occasions for premium pay.
twenty-four hour period or in excess of forty-eight in any one hundred and sixty-eight hour period, an employer shall giv... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C28.
(1) Any contravention of the requirements of Penalties and remedies.
section C 27 which occurs with respect to a continuous work- period of any employee shall be a single offence; and any contraventions which occur with respect to different work- periods of any employee shall be separate offences. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) With respect to any such offence, the employer upon summary conviction, shall be subject to a fine of seventy- five dollars; and in addition, the Court may order the pay- ment of any sum found due any involved employee, if war- ranted by the circumstances.
C29.
(1) The money wages of a workman shall be Form of wa... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
payable in legal tender, provided, however, that the pay- ment of wages by cheque on a bank in Antigua and Barbuda or by postal order shall be deemed to be payment in legal tender in cases in which payment in such manner is customary or necessary or is consented to by the workman: Provided however that nothing herein s... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA (a) said allowances and privileges shall not include any noxious drugs or intoxicating liquor; and (b) said allowances and privileges are fairly evaluated at cost to the employer. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) Nothing herein shall be construed as prohibiting the distribution to a workman of gratuities received from customers of the employer as part of remuneration for services: Provided, however, that the amount distributed in gratuities shall not be considered a part of the minimum basic wage which is required by sectio... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
An employer may deduct from wages payable to a workman under any contract of employment the following: (a) any tax rate, or other deduction imposed by any law; (b) any money advanced by the employer by way of loan (whether paid to the workman himself or to some other person at his request) in anticipation of the regula... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27 57 payments in kind) of the workman in the applicable pay period: Provided further that from and after the coming into force of the Antigua Labour Code (Amendment) Act, 1976 all existing authorisations given by any employee for the deduction of any money from his wages shall cease to have effect and shall accordingl... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
from an employee's wages, he shall, simultaneously with the payment made, furnish the employee with an accurate state- ment of wages earned and describe the deduction made.
C32.
(1) Wages shall be paid on a regular periodic Periods, time and place of basis, and no period in respect of which wages earned by a wage pay... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(3) No employer shall pay wages to any workman at or within any retail shop or place engaged in the sale of spirits, wine, beer, or other spirituous or fermented liquor, save and except such wages as are paid by the resident owner or oc- cupier of such shop or place to any workman bona fide employed by him therein.
C3... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
any wages paid to the worker are to be expended, and every contract between an employer and a workman containing such terms shall be null and void.
place and ,f C34.
(1) Any employer who- Penalties and workman's right (a) enters into any agreement or contract or gives to any remuneration for employment contrary to se... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA Procedure where person other than employer is responsible.
(c) otherwise contravenes the provisions of said sec- tions of this Act.
shall be guilty of an offence and shall be liable on summary conviction to a fine of fifteen hundred dollars or for a se- ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) In addition to the offence under subsection (1) every workman shall be entitled to recover in a Court so much of his wages exclusive of sums lawfully deducted as shall not have been actually paid to him, plus interest at the rate of ten per cent per annum.
C35. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(1) Where an employer is charged with an offence under the provisions of this Part, he shall be entitled upon information upon oath duly laid by him, to have any other person whom he charges as the actual offender brought before the Court and if, after the commission of the offence is proved, the employer proves to the... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) If an offence is proved under subsection (1) the Court may order the employer or the other person convicted thereunder to pay to the involved workman any part of wages found to have been unlawfully deducted or, as the case may be, otherwise owed under the provisions of this Part; and said order may be enforced in t... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(3) The power of the Court to issue an order under subsection (2) shall not be in derogation of any right of the involved workman to recover the sum by any other pro- ceeding; provided, however, that no workman shall be en- titled in any other proceeding to recover any amount which the Court has ordered to be paid unde... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
work-accounts.
C36.
(1) Every employer shall keep an accurate work account as to each employee, of his hours worked, by date, of his leave taken, by type, and of basic and other wages paid LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 59 him for each pay period which account he shall preserve,... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) Upon demand by an employee, the employer shall make available said work-account for inspection and copy- ing by said employee or his representative.
(3) Any employer who contravenes any provision of subsection (1) or (2) herein shall be guilty of an offence and shall be liable on summary conviction to a fine of se... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C38.
No prosecution for any offence under this Part Limitation prosecution.
shall be instituted after the expiration of two years from the date of the commission of the offence.
C39.
Section C21 shall become effective upon the Effective dates. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
enactment thereof; sections C22 and C23 shall become effective upon the establishment by the Minister of a basic minimum wage in accordance with section C21, but not less than sixty days after enactment; and all other sections of this Part shall become effective sixty days after enactment.
Severance Pay C40.
Every em... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
exceeded one year is entitled to severance pay upon termina- tion of said employment by employer for reasons of redundancy.
to pay, c 4 1.
Severance pay shall consist of at least one day's Z;P,"~Z;:;~ pay, at the employee's latest basic wage, for each month or major fraction thereof of his term of employment with his... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C42.
(1) Subject to the other provisions of this sec- tion, simultaneously upon the termination of employment of any employee entitled to severance pay under section C40, the employer shall remit to that employee severance pay com- puted in accordance with section C41. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) If the termination be stated as temporary, no severance pay need be remitted to the terminated employee at the time of termination: Provided however that- ( a ) where the date of recall, if one is given at the time of termination, be six months or more in the future, severance pay shall be payable on the date of th... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(3) After such payment with interest has been made, if the employee is recalled to his past or substantially equivalent employment, or is again hired by the same employer, he shall be considered to be newly hired and his term of employment, for subsequent severance pay purposes, shall be considered to have commenced on... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
If an employee's employment in his last occupa- tion is terminated because of redundancy, but he is offered other employment by his employer at a reduced wage, then the employee may accept the offered employment without forfeiture of his severance pay; but if, having received his severance pay, he accepts the offered e... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 6 1 entitled to severance pay, then, on the final termination of employment, he shall be entitled to receive severance pay in respect of the period prior to the date on which he would have originally been entitled to severance pay at a rate not less ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
c 4 4 .
Severance pay is not payable if the employee's employment is terminated by an employer who has gone out of busines but, without any break in service, he is offered the same employment by a successor-employer: Limitations on severance pay; offer of equivalent employment. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Provided, however, that his tenure of employment, for subsequent severance purposes, dates from his original hir- ing by the first of a series of predecessor-employers; in which case the successor employer, in the event of a subsequent termination for redundancy, shall be responsible for the pay- ment of the employee's... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Record of hiring.
C45.
If an employee's employment is terminated due to redundancy with a date of recall given him less than six months in the future or with no date of recall niven him. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
and if the employer, prior to.three months after the termina- tion, sells his business to a successor-employer, then-using the standards set forth in section C42 (2) (a) or (6)-if severance pay becomes due, the predecessor-employer and the successor-employer shall be jointly and severally liable for the payment of the ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C46.
(1) Every employer shall maintain an accurate record of the latest hiring date of each of his employees and for the purpose of this section the said hiring date shall be that on which the employee was last hired, either by him or by a predecessor-employer.
(2) Upon the request of any employee, the employer shall... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(3) Any person who fails to comply with the provisions of subsection (1) or (2) shall be guilty of an offence for which on summary conviction he shall be liable to a fine of seventy- five dollars: Initiation of proceeding.
LAWS OF ANTIGUA AND BARBUDA CAP.
27) Antigua and Barbuda Labour Code . | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27) Antigua and Barbuda Labour Code .
Provided that, if there be no present record of an employee's latest hiring date by virtue of the fact that the requirement of subsection (1) was not in effect upon such date, the question of the employee's hiring date shall be one to be disposed of by the procedures set forth in ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C47.
(1) Should any question arise as to the date of hiring or as to whether or in what amount, severance pay is due an employee, the employee, the employer or their respective registered bargaining agents may seek a resolu- tion of the question by filing a Charge or Query as to Severance Pay with the Labour Commissio... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) Should the Charge or Query involve a group of employees under similar circumstances, or if there be filed at or about the same time a number of Charges andlor Queries, the cases may be consolidated into a single proceeding.
Preliminary action by Labour Commissioner.
C48. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Preliminary action by Labour Commissioner.
C48.
(1) Immediately upon receipt of said Charge or Query, the Labour Commissioner, using the means described in section B5(2) (a), shall call all interested parties together or otherwise seek to settle the matter by voluntary adjustment or settlement.
Action by Minister on... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Action by Minister on referral.
(2) Within ten days after the filing of the Charge or Query, if he has failed to achieve a voluntary adjustment or settlement, the Labour Commissioner shall transmit the matter, with a full report thereon, to the Minister.
C49. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C49.
O n transmittal of the matter to him, the Minister shall seek to settle the matter as called for by sec- tion B6 (1) and, should he fail to effect a voluntary adjust- ment or settlement of all issues within twenty days after the filing of the Charge or Query, he shall take one of the steps open to him under secti... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Formal proceedings.
C50.
(1) The Hearing Officer to whom the formal handling of a Charge or Query as to Severance Pay or as to date of hiring is referred under section B6(2) (c) may, in his discretion, call the parties together into a pre-hearing LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27 63 conference in an effort to narrow the issues; but having caused a Notice of Hearing to be served on all parties, he shall com- mence the hearing within at least ten days after receiving the matter for formal handling.
(2) At the hearing, conducted in accordance with the provisions of sections B9 and B10 the Hear... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(3) The Hearing Officer, within five days after the close of the hearing, shall issue a decision in compliance with sec- tion B9(5) directing- (a) that severance pay is due in a specified amount, plus interest, specifying from and to whom; or (6) that no severance pay is due; or (c) that a specific date be recorded as ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(4) Notwithstanding the above subsections, the Hear- ing Officer shall approve any settlement of the matter reached by all parties thereto at any time between the referral for formal handling and the issuance of a decision, if the terms of the settlement achieve justice under the circumstances and are not clearly repug... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C51.
Any party to the proceedings may, within five Review of days after issuance of the Hearing Officer's decision, request dec;s;o,.
a review thereof by a Board of Review, under procedures according with section B 13.
Hearing Officer's C52.
(1) Non-compliance with the decision of the ~ ~ ~ ~ ~ ~ ~ p ~ ~ n c e n c ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Hearing Officer--or, if a review thereof has been requested, with the decision on review-as to the severance pay due an employee is an offence; and non-compliance with the decision-or the decision on review-as to the severance pay due any other employee is a separate offence.
(2) Any person guilty of such offence is l... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
64 CAP.
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA (3) In addition, the Court is empowered, if warranted by the circumstances, to enter a judgment as to severance pay due, which judgment shall be enforceable just as any judgment in a civil case.
Regulations.
C53.
The Minister may issue regulati... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Effective date.
C54.
The provisions of this Part shall become effec- tive upon the date on which the Labour Board becomes a functioning body under section B19.
Recovery of severance pay.
C55.
(1) An employee may recover by civil pro- ceedings in a court of competent jurisdiction the severance pay to which he is en... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) In the event of bankruptcy or liquidation of the business of the employer, or on any other closure of business the amount owing to an employee as severance pay shall be paid in priority to other debts.
PART 5 Unfair Dismissals Right not to be unfairly dismissed.
C56.
Every employee whose probationary period with... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Termination after fixed term of employment.
C57.
For the purposes of this Part, an employee will not be deemed to have been dismissed unfairly if his employ- ment is terminated at the expiration of the term specified at the time of his hire.
Good cause for dismissal; test for measuring same.
assigned by the employe... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
assigned by the employer therefor- C58.
(1) A dismissal shall not be unfair if the reason (a) relates to misconduct of the employee on the job, within the limitations of section C59(1) and (2); (b) relates to the capability or qualifications of the employee to perform work of the kind he was employed to do, within the... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27 65 ( d ) is that the employee could not continue to work in the position he held without contravention (on his or on the employer's part) of a requirement of law; or (e) is some other substantial reason of a kind which would entitle a reasonable employer to dismiss an employee holding the position which the employee... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) The test, generally, for deciding whether or not a dismissal was unfair is whether or not, under the cir- cumstances, the employer acted unreasonably or reasonably but, even though he acted reasonably, if he is mistaken as to the factual basis for the dismissal, the reasonableness of the dismissal shall be no defen... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C59.
.
(I) An employer may terminate the employ- ~f~;;~,for ment of an employee where the employee has been guilty failure to of misconduct in or in relation to his ;rnployment so serious that the employer cannot reasonably be expected to take any manner.
course other than termination. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
course other than termination.
Such misconduct includes, but is not limited to, situations in which the employee has- in (a) conducted himself in such a manner as to clearly demonstrate that the employment relationship cannot reasonably be expected to continue; ( b ) committed a criminal offence in the course of emplo... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) Where an employee is guilty of misconduct in or in relation to his employment that is not sufficiently serious to permit his employer to terminate his employment under subsection (1) but is such that the employer cannot reasonably be expected to tolerate a repetition, the employer may give the employee a written wa... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27) Antigua and Barbuda Labour Code the action the employer intends to take in the event of repeti- tion; which action may include suspension without pay for such period as may be specified in the written warning; and, thereafter, if the employee is, within six months following the receipt of the written warning, guilt... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(3) Where an employee is no longer performing his duties in a satisfactory manner, the employer may give the employee a written warning which shall describe the un- satisfactory employment in respect of which the written war- ning is given and state the action the employer intends to take in the event of repetition; an... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Initiation of proceedings.
C60.
( 1 ) Should any question arise as to whether an employee has been unfairly dismissed, the employee, or his registered agent, may seek a resolution of the question by filing a Complaint of Unfair Dismissal with the Labour Commissioner. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) Should the Complaint involve a group of employees under similar circumstances, or should there be filed at or about the same time a number of Complaints involving similar circumstances, the cases may by consent be con- solidated into a single proceeding.
Preliminary action b y Labour Commissioner.
C61. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Preliminary action b y Labour Commissioner.
C61.
( 1 ) Immediately upon receipt of the said Com- plaint, the Labour Commissioner, using the means describ- ed in section B5(2) (a) shall call all interested parties together or otherwise seek to settle the matter by voluntary adjust- ment or settlement.
(2) Within ten ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27 6 7 ment, the Labour Commissioner shall transmit the matter, with a full report thereon, to the Minister.
C62. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C62.
O n transmittal of the matter to him, the Action by Minister on Minister shall seek to settle the matter as called for by sec- tion B6(1) and, should he fail to effect a voluntary adjust- ment or settlement of all issues within twenty days after the filing of the Complaint, he shall take one of the steps open to ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
handling of a Complaint of Unfair Dismissal is referred under section B6(2) (c) may, in his discretion, call the parties together into a pre-hearing conference in an effort to nar- row the issues; but, having caused a Notice of Hearing to be served on all parties, he shall commence the hearing within at least ten days ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(3) The Hearing Officer, within five days after the close of the hearing, shall issue a decision in compliance with sec- tion B9 (5) and, in accordance with section B11 he may issue any remedial order which is relevant to the issues and is just and reasonable on the merits of the case. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(4) Notwithstanding the above subsections, the Hear- ing Officer shall approve any settlement of the matter reached by all parties thereto at any time between the referral for formal handling and the issuance of a decision if the terms of the settlement achieve justice under the circumstances and are not clearly repugn... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C64.
Any party to the proceeding may, within five Ea$;;Aacer,s days after the issuance of the Hearing Officer's decision re- d,c;,;o,.
quest a review thereof by a Board of Review, under pro- cedures according with section B13.
68 C A P .
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA Penalties for ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C65.
Non-compliance with the decision of the Hear- ing Officer-or, if a review thereof has been requested, with the decision on review-is an offence; and non-compliance with the decision-or the decision on review-as to each employee involved is a separate offence.
(2) Any person guilty of such offence is liable upon ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Effective date.
C67.
The provisions of this Part shall become effec- tive upon the date on which the Labour Board becomes a functioning body under section B 19.
Administration and Miscellaneous Responsibility for inspectors to ensure compliance.
C68.
(1) Whether or not a complaint has been filed, inspectors, under... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) An inspector so charged under subsection (1) shall have power- (i), to enter without previous notice at any hour of the day or night any workplace liable to inspection; (ii) to carry out any examination, test, or inquiry which he may consider necessary to satisfy himself that the legal provisions are being observed... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27 69 Act and to copy or make abstracts of any such records or documents; and, (v) to enforce the posting of notices required by this Division. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(3) If any person interferes with any inspector in the exercise of the powers given by this section or fails or refuses to produce any of the above records or documents that per- son shall be liable on summary conviction in respect of each offence to a fine of seventy-five dollars; and if any person makes or causes to ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
C69.
Nothing herein shall be construed as prohibiting ~;~;~~~,"~d",'~;f~ an employer, either unilaterally, by individual contract with an employee, or by a collective bargaining agreement with employee representatives, from establishing working condi- tions more advantageous to employees than those minimum standards s... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Employment Health, Safeety and Welfare D l .
This Division may be cited as the Employment short Health, Safety and Welfare Division.
D2.
In this Division, unless the context otherwise Interpretation- requires: - "bodily injury" includes injury to health; 70 CAP. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA "building operation" means the construction, altera- tion, repair or maintenance, or the demolition, of a structure or harbour facility, bridge or viaduct, waterworks or reservoir, pipeline or aqueduct, sewer or sewage system, including any engineer- ing a... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27 7 1 ' 'operator of a workplace", means, primarily, the body responsible for processing carried on therein, in whole or in part, whether an individual proprietor- ship, partnership, or corporation or other form of undertaking; and the term includes any person with actual, apparent, or ratified authority to act on beh... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
It includes the owner of a building containing a workplace to the extent that responsibilities are imposed on said owner under section D5; and it includes the owner or hirer of a machine or implement used in a workplace other than the principal operator thereof to the extent that any obligation under this Division rela... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA storage, construction, and land, sea, or air transport enterprises; any retail establishment; other com- mercial or industrial enterprises of any kind; and any office or operation related to any of these.
PART 1 Application General application.
D3.
Exce... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Application to Government work places.
Responsibility where part of the building is separate workplace.
Extension of provisions.
D4.
This Division shall apply to workplaces belong- ing to or in the occupation of the Government.
D5. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
D5.
Where a part of a building is let as a separate workplace, the Minister may declare which sections of this Division are to be the responsibility of the owner of the building and which the responsibility of the occupier of the part of the building in question, by issuance of an Order to this effect, which Order sha... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
The Minister may, for good cause, extend the application of the provisions of this Division to such installa- tions or operations as may not appear to be specifically included in the definition of "workplace", but which would constitute a reasonable extension thereof, by issuance of an Order to this effect: Provided th... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Exemptions.
D7.
(1) The Minister may, for good cause, exempt from one or more of the provisions of this Division any LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 7 3 workplace or part thereof, by the issuance of an Order to this effect: Provided that the Order sets forth the term of the exemp... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) The exemption shall be effective for no more than six months in the absence of an Order of extension by the Minister which shall set forth the basis for any such extension.
(3) Any such extension shall be effective for no more than six months in the absence of an Order of further exten- sion by the Minister, which... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(4) Any such Order of exemption or extension thereof may contain conditions which must be met in order to qualify for the exemption or extension.
D8.
Except where otherwise expressly provided, the NO^-exclusivity provisions of this Division shall be in addition to, and not provisions.
in substitution for or dimuniti... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
the effective date of this Division shall, within one month thereafter, file with the Labour Commissioner a written notice stating the particulars prescribed in the Schedule and every person who commences to operate a workplace subsequent to the effective date of this Division shall, within one month of such commenceme... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(2) Thereafter, whenever there is a material change in any of the particulars appearing in the notice called for in subsection (I), the person operating the workplace shall file with the Labour Commissioner a written notice setting forth any such change, within one month of the effectuation of same; and, thereafter, wi... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
7 4 CAP.
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA Health.
DlO. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
DlO.
For the purpose of safeguarding the health of persons employed in or performing any duty in workplaces, the operator of every workplace shall- ( a ) keep the workplace in a clean state; ( 6 ) keep it from becoming overcrowded; ( c ) maintain a reasonable temperature therein; (d) provide adequate ventilation there... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Safety .
1 For the purpose of ensuring the safety of per- sons employed in or performing any duty in workplaces, the following provisions shall apply to every workplace- (1) Adequate measures shall be taken for the preven- tion of fire therein and for adequate means of escape for persons employed therein.
(2) All mac... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(3) All walls, partitions, floors, stairs, passages and gangways shall be of sound construction and properly maintained.
( 4 ) (a) No new steam boiler shall be put into use in any workplace unless there has been obtained from the manufacturer of the boiler or from a competent person a certificate specifying the maximu... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(6) No stream boiler which has been previously used shall be put into use in any workplace for the first time until it, and all its fittings and attachments, have been LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 7 5 examined by a competent person when it is cold, and as soon as possible therea... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
And the examiner shall ensure that there are safety valves sufficient and adequate to assure the safe operation of the boiler, and ensure that said safety valves are so adjusted as to prevent the boiler being operated at an unsafe pressure, as to which examination and adjust- ment the workplace operator shall procure f... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(6) Thereafter, it shall be the responsibility of the operator of any workplace to see that every steam boiler therein and all its fittings and attachments shall be ex- amined thoroughly and adjusted by a competent per- son at least once every 14 months, and also after any extensive repairs, in the manner described in ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
(6) T h e certificates required under subparagraphs ( b ) and (6) shall be filed by the work-place operator with the Labour Commissioner within 28 days of the com- pletion of the examination.
(e) The Labour Commissioner, by the issuance of an Order, may except from any of the provisions of this subparagraph any class ... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
Any such exception either may be unqualified or may be subject to such conditions as may be con- tained in the Order.
D12.
For the purpose of contributing to the welfare welfare. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
of persons employed in or performing any duty in workplaces, the following provisions shall apply to every workplace- (1) There shall be an adequate supply of wholesome drinking water; (2) Washing facilities shall be provided and maintained; (3) There shall be accommodation for clothing not worn during working hours, a... | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570496798.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-27.pdf |
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