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ANTIGUA AND BARBUDA THE MINIMUM WAGE ORDER, 2008 STATUTORY INSTRUMENT 2008 No.
1 [ Printed in the Official Gazette Vol.
XXVII1 No.
dated , 2008. ]
________ Printed at the Government Printing Office, Antigua and Barbuda, by Paget M. Terry, Acting Government Printer — By Authority, 2008.
800—1.08 [ Price$1.90 ] The Minimum Wage Order, 2008.
2008 No.
2 2008 No.
2 The Minimum Wage Order, 2008.
THE MINIMUM WAGE ORDER, 2008 ARRANGEMENT Order 1.
Short title.
2.
Interpretation 3. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570492967.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/Statutory_Instrument_No_2_2008.pdf |
Short title.
2.
Interpretation 3.
Minimum wage effective from January 2nd, 2008 The Minimum Wage Order, 2008.
2008 No.
2 ANTIGUA AND BARBUDA THE MINIMUM WAGE ORDER, 2008 2008 No.
2 THE MINIMUM WAGE ORDER, made by the Minister in exercise of the powers conferred on her by section C22(3) of the Antigua and Barbuda Labour Code, Cap.
27.
1.
Short title This Order may be cited as the Minimum Wage Order, 2008.
2.
Interpretation In this Order— “Act” means the Antigua and Barbuda Labour Code, Cap.
27. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570492967.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/Statutory_Instrument_No_2_2008.pdf |
27.
3.
Minimum wage effectice from January 2nd, 2008 Pursuant to section C22(3) of the Act, the minimum wage for occupation in Antigua and Barbuda, with effect from the 2nd day of January, 2008 shall be seven dollars and fifty cents ($7.50).
Made the 2nd day of January, 2008.
The Honourable Dr. Jacqui Quinn-Leandro, Minister responsible for Labour, Public Administration and Empowerment. | Democratic Participation | Gender pay gap | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694570492967.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/Statutory_Instrument_No_2_2008.pdf |
LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 1 CHAPTER 27 T H E ANTIGUA AND BARBUDA LABOUR CODE Arrangement of Sections Section DIVISION A Declaratory Intent underlying enactment.
A l .
Short title.
A2.
A3.
National policy underlying Code.
A4.
Organization and content of the Code.
A5.
A6.
A7.
Enforcement against Government as an employer.
A8.
Establishment of working condition above minimum Interpretation.
Employers and employees affected.
standards in Code.
A9. | 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 |
standards in Code.
A9.
Access to machinery of Code.
A10.
Conflict between provisions and existing law.
A1 1.
Effective date.
b: Administration Short title.
National policy.
Interpretation.
Overall responsibility.
Responsibilities of Labour Commissioner.
Responsibilities of Minister on section B5 referrals by Labour Commissioner.
Labour Board: its creation, composition, respon- sibilities, procedures and compensation. | 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 |
Arbitration Tribunal: its creation, composition, responsibilities, procedures and .compensation.
Hearing officers.
2 C A P .
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA Procedures before decisional officer, generally.
Independence of decisional officers.
Remedial powers of decisional officers.
Board of Review.
Responsibilities of Labour Commissioner as to deci- sions of decisional officers.
Responsibilities of Labour Inspectors.
Duty of secrecy. | 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 |
Duty of secrecy.
Requirements for Regulations, etc., implementing Code.
Effective date generally.
Preliminary steps re Labour Board.
Preliminary steps re Arbitration Tribunal.
SCHEDULE.
Basic Employment C 1.
Short title.
C 2.
National policy.
C3.
Interpretation.
Commencement, Elementary Requirements, and Termination of Employment Discrimination because of race, etc.
Statement of working conditions.
Conformity with Code generally.
Individual employment contracts.
Probation 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 |
Probation period.
Employer's notice of termination.
Statements upon termination.
Employee's notice of termination.
Effective date.
Leave Privileges C 13.
Employees' leave rights generally.
C14.
Public holiday leave.
C15.
Public holiday pay.
C16.
Sick leave.
C17.
Sick leave pay.
LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 3 C18.
Vacation leave.
C 19.
Penalties.
C20.
Effective date.
Remuneration and Hours of Work National minimum wage rate. | 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 |
Minimum wage rates for occupation.
Penalty for not paying minimum wage.
Rest periods; standard work periods; maximum work hours and exceptions.
Penalties.
Premium pay.
Occasions for premium pay Penalties and remedies.
Form of wages.
Deductions.
Statement of deductions.
Periods, time and place of wage payments.
Agreements re place and manner of spending wages.
Penalties and workman's right to recover.
Procedure where person other than employer is responsible.
Work-accounts.
Regulations. | 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.
Regulations.
Limitation upon prosecution.
Effective dates.
Severance Pay Right to severance pay, generally.
Computation of severance pay.
Severance pay, when payable; temporary termina- tion; payment of interest.
Lowering of pay because of redundancy.
Limitations on severance pay; offer of equivalent employment.
Liability of predecessor- and successor-employers.
Record of hiring.
Initiation of proceeding.
Preliminary action by Labour Commissioner.
Action by Minister on referral. | 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.
4 CAP.
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA Formal proceedings.
Review of Hearing Officer's decision.
Penalties for non-compliance.
Regulations.
Effective date.
Recovery of severance pay.
Unfair Dismissals Right not to be unfairly dismissed.
Termination after fixed term of employment.
Good cause for dismissal; test for measuring same.
Termination for misconduct or failure to perform duties in satisfactory manner. | 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.
Preliminary action by Labour Commissioner.
Action by Minister on referral.
Formal proceedings.
Review of Hearing Officer's decision.
Penalties for non-compliance.
Regulations.
Effective date.
Administration and Miscellaneous Responsibility for inspectors to ensure compliance.
Establishment of higher standards.
Effective date.
Employment Health, Safety and Welfare D l .
D2.
Short title.
Interpretation.
Application D3.
General application.
D4. | 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 D3.
General application.
D4.
Application to Government work places.
D5.
Responsibility where part of the building is separate workplace.
LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 5 Extension of provisions.
Exemptions.
Non-exclusivity of these provisions.
Minimum Requirements Registration of workplaces.
Health.
Safety.
Welfare.
Special protective measures.
Duties of persons employed.
Prohibition of deduction of wages.
Issuance of regulations and orders. | 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 |
Issuance of regulations and orders.
Accident and safety programme.
Administration Responsibility for administration.
Duty to permit entry and furnish means to inspector.
Special powers of inspector.
Offences, Penalties and Legal Proceedings Offences.
Multiple or continuing offences.
Penalties for specific offences.
Penalties for offences for which no express penalty provided.
Power to issue regulations includes power to prescribe penalties for contraventions thereunder. | 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 |
Power of court to order cause of contravention to be remedied.
Penalties for persons actually committing offence for which operator is liable.
Proceedings where inspector or operator believes the offender to be other than operator.
Prosecution of offences and recovery and applications of fines.
Special provisions as to evidence.
6 CAP.
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA Service and sending of documents.
Power of Court to modify agreements and apportion expenses. | 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 |
Effectiveness, Repeal, etc.
Saving.
Effective date.
SCHEDULE.
Women, Young Persons and Children (Employment) E l .
E2.
E3.
E4.
E5.
E6.
E7.
E8.
E9.
E10.
El 1.
E12.
E13.
Short title.
Interpretation.
Prohibition of employment of children.
Liability of parent or guardian.
Restrictions in employment of young persons.
Registers to be kept.
False certificate or representation as to age.
Equal pay for women.
Liability of agent of employer.
Inspection of premises.
Regulations. | 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 |
Inspection of premises.
Regulations.
Penalty for contraventions not expressly provided.
Effective date.
Work Permits Short title.
Application.
Prohibition against employment.
Applications for work permit.
Action upon application for work permit.
Penalty applicable to employees or self-employed persons.
Penalty applicable to employers.
False statements in application, etc.
Fees.
Regulations.
LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 7 F12.
Repeal.
F13. | 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 F12.
Repeal.
F13.
Effective date.
F 14.
Transitional.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
Trade Unions G I .
Short title.
G2.
Interpretation General Principles Legality of action in pursuance of statutory objects.
Combinations with objects other than statutory objects.
Suits by and against trade unions.
When trade union cor.tracts not enforceable.
Prohibition of actions of tort against trade unions.
Removal of liability for restraint of trade. | 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 |
Removal of liability for restraint of trade.
Removal of liability for breaching employment con- tract, etc.
Promises not to join unions.
Conspiracy in relation to trade disputes.
Limitations on injunctive relief in trade disputes.
Limitations upon responsibility for unlawful acts of others.
Application of union funds.
Amalgamation of unions.
Membership of minors.
Falsely obtaining or misapplying union effects.
Formation of union.
Subsequent actions.
Filing of collective agreements. | 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 |
Filing of collective agreements.
Circulating false copies of rules, etc.
Acts not applicable to unions.
General Principles Applicable to Registered Trade Unions G23.
Ownership of property.
LAWS OF ANTIGUA AND BARBUDA 8 CAP.
27) Antigua and Barbuda Labour Code G24.
Absence or disability of trustees.
G25.
Limitation of responsibility of trustee.
G26.
Effective date.
Miscellaneous Bargaining Agents Registration Interpretation.
H I .
Short title.
H2.
H3. | 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 |
H I .
Short title.
H2.
H3.
Eligibility of bargaining agents for registration.
H4.
Application for registration.
H5.
Action upon application for registration.
H6.
Principles of conduct for registered trade unions.
H7.
Principles of conduct for registered employers organizations.
H8.
Requirements of registered bargaining agents, in general.
H9.
Renewed registration.
H10.
Withdrawal or cancellation of registration.
HI 1.
Duty of secrecy.
H 12.
Regulations.
H13. | 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 |
HI 1.
Duty of secrecy.
H 12.
Regulations.
H13.
Additional duties of Labour Commissioner.
H14.
Disposition of fees.
H15.
Effective date.
Employee-Representation Questions (Resolution) J1.
Short title.
52.
National policy.
53.
54.
Right of exclusive representation.
55.
Method of resolving representation questions, Interpretation.
generally.
Initiation of proceeding.
J6.
57.
Preliminary action by Labour Commissioner.
58.
Action by Minister on referral.
J9.
Formal proceedings.
J10. | 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 |
J9.
Formal proceedings.
J10.
Review by Board of Review.
J l 1.
The secret ballot.
LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 9 Effect of certification as sole bargaining agent.
Informal recognition as sole bargaining agent.
J 12.
Certification by Labour Commissioner.
513 J 14.
J 15.
Regulations.
J 16.
Effective date.
Industrial Relations (Regulation) K1.
Short title.
K2.
Interpretation. | 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 |
Short title.
K2.
Interpretation.
Protection of Self-organizational Rights Employees' self-organizational rights.
Infringements on employees' self-organizational rights.
Initiation of proceeding.
Preliminary action by Labour Commissioner.
Action by Minister on referral.
Formal proceedings.
Review of Hearing Officer's decision.
Penalties for non-compliance.
Effective date.
Trade Disputes K12.
General application.
K13.
Meaning of major trade dispute.
K14.
Initiation of proceeding.
K15. | 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 |
K14.
Initiation of proceeding.
K15.
Action of Minister on referral.
K16.
Formal proceedings.
K17.
Penalties for non-compliance.
K18.
Effective date.
Industrial Action K19.
Right to industrial action.
K20.
Limitations.
K2 1.
Application of limitations.
10 CAP.
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA K22.
Penalties and sanctions.
K23.
Special provisions re certain services.
K24.
Effective date.
PART 4 Collective Agreements K25. | 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.
PART 4 Collective Agreements K25.
Duties of Labour Commissioner re collective agreements filed.
K26.
Parties' intent as to enforceability.
K27.
Enforceability of collective agreements.
K28.
Effective date.
Administration and Miscellaneous K29.
Regulations.
K30.
Effect date.
SCHEDULE.
LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 11 LABOUR CODE (19th September, 1975.)
DIVISION A Declaratory 1411975.
311976.
S.R.O.
711976.
S.R.O.
4611981.
S.I. | 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 |
311976.
S.R.O.
711976.
S.R.O.
4611981.
S.I.
2311982.
S.R.0.45/1984.
711989.
1811989.
A1.
This Act may be cited as the Antigua and Short title.
Barbuda Labour Code and this Division of this Act may be separately cited as the Antigua and Barbuda Labour Code (Declaratory) Division.
A2.
It is the intent of the Legislature, to bring Intent underlying enactment. | 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 |
together, insofar as is practicable, all legislation applicable to employment, employment standards, and industrial rela- tions in Antigua and Barbuda so that- (i) employers and employees can more expeditiously ascertain information as to their rights and responsibilities; (ii) persons inside and outside Antigua and Barbuda considering the investment of funds in enterprises to be based in Antigua and Barbuda will have a centralised source of information as to the rights and responsibilities of management and of labour; and (iii) legislation can be more amenable to revision, when revision is appropriate. | 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 |
A3.
As further amplified in the various Divisions of ~ ; ~ ~ $ ~ ~ ~ ; e .
this Code, it is hereby declared that the following expres- sions of national policy underlie and shall be used in the interpretation of the various provisions of this Code: 12 C A P . | 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 (1) The interests of workers, employers, and the public should be taken into account and their representative organizations duly consulted in connection with the formula- tion and periodic revision of the law relating to labour and in connection with the resolution of issues arising in the enforcement of said laws. | 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) Employers should compete on the basis of managerial efficiency and ability rather than on the basis of their employees7 working conditions.
(3) The employment conditions of each worker should be those which, at the least, will enable him to provide himself and his family with the amenities of life to which all human beings are entitled.
(4) The employment conditions of workers should be those which serve to preserve their health, safety, and welfare, and to prevent industrial accidents. | 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 |
(5) Workmen should be free to associate with one another or with a trade union to improve their lot, without interference, restraint, or coercion.
(6) Equality of bargaining power between employees and their employer is to be encouraged as a means of providing a channel of free communication, of equitably resolving problems related to working conditions, and of forestalling avoidable interruptions of production. | 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) Government should provide machinery for the speedy resolution of any question concerning representation of employees by bargaining agents; and, upon resolution of any such question, should require employer recognition of the registered trade union which is the choice of the majority of the involved employees. | 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 |
(8) Collective bargaining, free of external interference, is to be encouraged; but where free collective bargaining fails, Government should provide machinery for the resolution of questions whose continued existence may harm the economy of Antigua and Barbuda.
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 13 (9) The increase in production and in purchasing power which will result from the application of the above principles will benefit workers, employers and consumers and finally will advance the overall socio-economic level of Antigua and Barbuda.
A4.
(1) This Code is composed of a number of Divi- ~~';"d;'~~d sions the first constituting a declaratory Division and the code.
other nine Divisions each constituting a Division dealing with one or more facets of employment and labour relations. | 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 |
I (2) The Code is composed of the following Divisions: (a) bivision A Antigua and Barbuda Labour Code (Declaratory) Division; (b) Division B Antigua and Barbuda Labour Code (Administration) Division; (c) Division C Basic Employment Division; (d) Division D Employment Health, Safety and Welfare Division; (e) Division E Women, Young Persons, and Children (Employment) Division; 03 Division F Work Permits Division; (g) Division G Trade Unions Division; (h) Division H Bargaining Agents' Registration Division; (i) Division J 6) Division K Employee-Representation Questions (Resolution) Division; and Industrial Relations (Regulation) 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 |
A5.
In this Code unless the context otherwise re- Interpretation.
quires, or the particular Division otherwise specifies- "Arbitration Tribunal" means the body established by section B8 and each member thereof may be refer- red to herein as a "Code Arbitrator"; "bargaining agent" or "bargaining representative" means the person, organization, or trade union duly 14 C A P . | 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 designated or authorized to represent either employer or employees in negotiating the working conditions of employees; in negotiating the terms of a collective agreement embodying said condi- tions and, if such agreement is reached, to execute the same; in administering said agreement on behalf of its respective principal; and, generally, in representing its respective principal for the life of its designation or authorization on all matters relating to said conditions of work; 6 6 bargaining unit" means that group of employees in relation to whom collective bargaining is, or could appropriately be, carried on between an employer or his bargaining agent and a bargaining agent of such group of employees; "Code" means the Antigua and Barbuda Labour Code; 6 6 collective agreement'' means any contract between an employer or his bargaining agent and a group of employees or their bargaining agent, governing the working conditions of such employees; "Comptroller of Customs7' means the officer for the time being lawfully discharging the duties of Com- ptroller of Customs or anyone authorized by him in writing to act on his behalf. | 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 |
"conditions of work" or "conditions of employment" refers to the elements of hire and termination of employment; to the remuneration, hours, duties and the surrounding terms of employment; and to all other factors directly related to the employment arrangement; "Division" means a Division of this Code; "employee" means any person who enters into or works under or stands ready to enter into or work under, a contract with an employer, personally to perform any services or labour, whether the contract be oral or written, expressed or implied; and the term in- cludes a person whose services or labour have been interrupted by a suspension of work during a period of leave, temporary lay off, strike, or lockout, as 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 well as an apprentice whose services or labour may be designed primarily to train such apprentice; but the term does not include established employees of the Government; " employer" means any person, including any of his representatives, who contracts for or stands ready to contract for the services or labour of an employee and the term includes any body of persons corporate or incorporate; 6' employers' association7', means any organization in which employers participate, and which exists for the purpose, in whole or in part, of dealing with trade unions on behalf of employers over condi- tions of work; and the term covers any such organization registered under Division H (thereby acquiring various rights and privileges under this Code) as well as those not registered thereunder (thereby only subjecting them to the duties and responsibilities imposed by the Code); '6 employment contract" means any contract, whether expressed or implied and whether written or oral, whereunder it it agreed that one person (the employee) will perform certain services for another (the employer); and the term shall include any in- denture or contract of apprenticeship; "essential service" means one of the services specified in the Schedule to Division K; "established employee" means a Civil Servant or a per- son employed by the Government whose salary is paid from or out of personal emoluments included in the Official Estimates of Antigua and Barbuda; 6' grievance" means any complaint or expression of dissatisfaction whether or not justified, on the part of employees or employers, or their bargaining agents, concerning existing working conditions; and the term includes any failure to honour a term of a contract of employment; "industrial action" means any strike or lockout; "Labour Commissioner" means the Chief Public Officer of the Labour Department; 16 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 Cap.
292. | 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 |
"lockout" means an employer's closing of an enterprise or business place, his suspension of work, or his refusal to continue to employ any number of his employees, with a view toward inducing or com- pelling employees directly, indirectly, or through their bargaining agent, to accept conditions of employment which he has offered, which offer has been rejected; and the term includes such action designed to induce or compel the acceptance by the employees, or their bargaining agent, of another employer of conditions of employment which he has offered but which have been rejected; "Minister" means the Minister responsible for administering the respective provisions of this Code; "National Labour Board" means the body established by section B 7; " newspaper" shall have the meaning assigned thereto by section 2 of the Newspaper Surety Act. | 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 |
"non-established employee" means a person who is employed by the Government whose wage or salary is paid from or out of funds other than personal emoluments included in the Official Estimates of Antigua and Barbuda; "registered bargaining agent" means a bargaining agent who has been registered under Division H; " requirements", "obligations", or "provisions", include the requirements, obligations, or provisions of any regulations or orders made under this Code; "Schedule" means Schedule to the Division of this Code within which the reference occurs; "strike" means a partial or total withdrawal of services from an employer by two or more of his employees, in concert or pursuant to a common understanding, or at the request or upon the order of their bargain- ing agent, either ( a ) as a protest against a condi- tion of work or employer action related thereto, or ( 6 ) as a device to induce or compel their employer, or his bargaining agent, to accept con- ditions of employment which they have requested, 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 17 which request has been refused; and the term includes such action designed to induce or compel the acceptance by another employer, or his bargain- ing agent, of conditions of employment which his employees have requested, which request has been refused; and the term further includes picketing related to working conditions and/or labour rela- tions, generally, whether by employees or non- employees and whether or not signs are carried or posted and whether or not literature is being distributed; "trade dispute" (or "industrial dispute7 ') means any disagreement between employer and workers or between worker and worker over conditions of employment, the engagement or non-engagement or termination or suspension of employment of one or more workers, the allocation of work as between workers or groups of workers, the terms or inter- pretation of a collective agreement, or any other matter relating to the employer-employee relation- ship, which disagrement has led, or may lead, to an interruption of employment by lockout or by strike; < < trade union" means any organization in which employees participate, and which exists for the pur- pose, in whole or in part, of dealing with employers on behalf of employees over conditions of work; and the term covers both such organizations as are registered under Division H (thereby acquiring various rights and privileges under this Code) as well as those not registered thereunder (thereby only subjecting them to the duties and responsibilities imposed by the Code); 6 L wages" means any money or other thing paid or con- tracted to be paid, delivered, or given at periodic intervals, as recompense, reward, or remuneration for services or labour done o r to be done; "working conditions" is used synonymously with "con- ditions of work", and L c workman" is used synonymously with "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 |
Employers and employees affected.
LAWS OF ANTIGUA AND BARBUDA CAP.
27) Antigua and Barbuda Labour Code A6.
( 1 ) T o the extent that provisions of this Code apply to employers, they shall apply to all employers operating or doing business in Antigua and Barbuda, including the Government as the employers of its non- established employees; but they shall not bind the Govern- ment as the employer of its other employees. | 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) T o the extent that provisions of this Code apply to employees, they shall apply to all employees of employers operating or doing business in Antigua and Barbuda, including the non-established employees of the Government; but they shall not apply to- (a) established employees of the Government; ( b ) persons in the naval, military, or air forces of the Government; (c) the Police Force; (d) persons holding the status of diplomatic agents; or (e) persons employed by the United Nations or its specialised agencies. | 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 |
Enforcement against Government as an employer.
A7.
To the extent that the Government as an employer is in contravention of any provisions of this Act or any regulations or orders thereunder, which contravention is described therein as an offence carrying with it a liability upon summary conviction to a term of imprisonment or a fine, the court shall issue an order declaratory of the rights of the parties.
Establishment of working conditions above minimum standards in Code.
A8. | 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 |
A8.
Nothing herein shall be construed as prohibiting an employer, either unilaterally, by individual contract with an employee or with employees, or by collective agreement with employee representatives, from establishing working conditions more advantageous to employees than those minimum standards which are set forth in this Code.
Access to machinery of Code.
A9. | 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 |
Access to machinery of Code.
A9.
Bargaining agents, whether employers' associa- tions or trade unions, shall not have access to the machinery provided under this Code if they do not possess a current certificate of registration under Division H. LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 19 AlO. | 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 19 AlO.
T o the extent that there may be conflict be- Conflict between tween any provision of this Code and any provision of existing .,iSting law not specially repealed in one or another of the Divisions herein, the applicable provision of this Code, as of its effec- tive date, shall prevail over said provision of existing law.
provisions and law.
A .
The provisions of this Division shall become Effective date.
effective immediately upon enactment.
Administration B1. | 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 |
Administration B1.
This Division may be cited as the Antigua and Short title.
Barbuda Labour Code (Administration) Division.
B2.
It is hereby declared that the following principles National policy.
shall govern the administration of the Code: (1) Responsibilities shall be futed, so that administrators, employers and employees and their representatives, and the general public shall know wherein the responsibility for the administration of each provision lies. | 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) Voluntary adjustment or settlement of issues, without formal action by the administrators, is to be encouraged; and any such adjustment or settlement, unless clearly contrary to the purposes of the Code or of any of the Divisions, shall be accepted as dispositive of the issues thus adjusted or settled.
(3) Uniform procedures, to the extent practicable, shall be established and publicized. | 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) Where standards or criteria are set forth in one or another provision of the Code, they shall be adhered to in the administration thereof.
(5) Administration of the Code shall be speedy.
(6) T o the extent practicable, all actions taken by administrators of the Code shall be recorded in writing and, except where they are self-evident, reasons for the actions shall be set forth in such writings.
LAWS OF ANTIGUA AND BARBUDA 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 |
LAWS OF ANTIGUA AND BARBUDA CAP.
27) Antigua and Barbuda Labour Code (7) Actions of administrators of the Code shall be publicized to the extent practicable: Provided, however, that nothing herein should be con- strued as requiring that the efforts of said administrators to secure voluntary adjustment o r settlement of issues, o r the actions or statements of parties engaged therein, shall necessarily become matters of public knowledge. | 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 |
(8) Persons to whom the administration of one or other of the provisions of the Code is entrusted shall act, in con- nection therewith, impartially and without interference.
Interpretation.
B3. | 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 |
In this Division, unless the context otherwise requires- "Board of Review" means the three members of the Labour Board who have been selected to sit in review of any matter as specified in section B 13; "decisional officer" means the Code Arbitrator or Ar- bitrators or the Hearing Officer to whom a matter has been referred for formal handling under sec- tion B 6 (2) (6) and includes the members of the Labour Board if and when they are acting on a Board of Review under section B 13; "formal handling" means the decisional process to which a matter is subjected pursuant to section B 6 (2) (6); it commences with the order of referral and con- cludes with the issuance and delivery of a decision or, if there is any request for a review thereof, with the decision on review; "infringements" refers to acts which may be deemed to be violative of employees' self-organizational rights, as covered by Part I of Division K; '6. | 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 |
~nspector" means a Labour Inspector within the Labour Inspection Service of the Labour Department; "major trade dispute" is a trade dispute as described in section K 13; " recognition-question" refers to any employer's obliga- tion or non-obligation to treat with the collective bargaining agent of his employees; 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 2 1 " representation-question"refers to any question arising as to the employees' choice of bargaining agent, as cov- ered by Division J; < ' severance pay" means the right to remuneration, and/or the amount thereof, which may be possess- ed by an employee upon the termination of his employment under certain circumstances, as covered by Part 4 of Division C ; and "unfair dismissals" refers to terminations of employ- ment which may be deemed to be unfair dismissals covered by Part 5 of Division C. B4. | 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 |
Except where otherwise specified in this Code, overall responsibility.
the Minister shall be responsible for the administration of the provisions of this Code; but in discharging this respon- sibility he may delegate authority to perform such acts as do not call for the exercise of his personal discretion.
B5.
(1) The Labour Commissioner shall be respon- Responsibilities sible for the administration of such provisions of the Code ~ o m m i s s ~ o n e r . | 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 |
as are assigned him therein and in addition, as are assigned him by the Minister. | 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 Labour (2) In addition to his other duties, he shall receive and cause to be recorded all questions, complaints, petitions, or notifications with respect to employer-employee relations in Antigua and Barbuda, and he shall take the preliminary steps thereon, namely- (a) Upon receipt of any such question, complaint, petition, or notification, he shall investigate the matter and shall make every effort to dispose of the issues rais- ed therein by voluntary adjustment or settlement, the terms of which adjustment or settlement are not clearly repugnant to the principles and purposes of the Code; and in pursuance thereof- (i) he may request the parties to meet with him, jointly or severally; (ii) he may request the parties to state the facts as they know them and to set forth their respec- tive positions on the issues; 2 2 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 (iii) he may request the parties to present witnesses to facts and he may, sua sponte, examine any person as to the matter, alone or in the presence of others, at his discretion; and (iv) he may utilize the processes of mediation or conciliation, or any other device designed to facilitate voluntary adjustment or settlement. | 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 |
(b) Failing to achieve voluntary adjustment or set- tlement, he shall transmit the matter, with a full report thereon, to the Minister.
(3) In addition to his other duties, he shall act as ex- ecutive secretary for the National Labour Board created hereinbelow, for any decisional officer to whom a matter has been referred for formal handling under section B 6 (2) (c) and for any Board of Review. | 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 |
As such- (a) he shall ensure that the records of all pro- ceedings are maintained; and (b) he shall ensure that all reports and decisions are appropriately disposed of.
(4) In addition to his other duties, he shall, to the extent practicable, hold himself ready to assist in the resolution of any question arising out of employer-employee relationships in Antigua and Barbuda, whether or not it arises by virtue of the provisions of this Code.
B6. | 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 |
B6.
Responsibilities (1) In addition to his other duties, the Minister, of Minister on upon receipt of a report of the Labour Commissioner trans- Section B5 mitted under section B 5 (2) ( b ) , shall himself attempt to referrals by Labour Commissioner.
achieve voluntary adjustment or settlement of the matter by taking whatever steps he deems appropriate. | 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) Failing to achieve voluntary adjustment or settlement- (a) he may refer the matter back to the parties for private negotiations or resort to any machinery for resolving the issues which they have established or may establish, or for the pursuit of any legal action which may be available to them; 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 23 (6) he may refer the matter to the proper authorities if he believes prosecution for the commission of an offence is indicated; or (c) he may refer the matter for formal handling to a decisional officer who, under the Code, is vested with the responsibility of hearing and deciding such matter: Provided that- (i) the referral is in writing; (ii) the referral is transmitted to the Labour Com- missioner and copies are served on the parties concerned; (iii) the referral specifies the provisions under which the matter shall be heard; and (iv) if any matter involving an issue which under this code, is to be heard by an Arbitration Tribunal, the referral as a whole shall be to the Arbitration Tribunal. | 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 |
B7. | 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) A National Labour Board is hereby created Labour Board: its creation, composed of representatives, in equal numbers, of the composition, Government, employers, and employees, selected as follows- responsibilities, procedures, and (a) four members representing Government, one member each nominated by the Ministers responsible for labour, for planning, for agriculture and for education: Provided that the Labour Commissioner may not be nominated as a member; (6) f o u r m e m b e r s representing employers nominated by employers or employers associations designated by the Minister; (c) f o u r m e m b e r s representing employees nominated by employees associations or trade unions designated by the Minister, who shall out of their own numbers have such person as chairman as the Minister may designate, who shall preside at all meetings of the National Labour Board and who shall himself designate another member to act as chairman in his absence. | 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 National Labour Board, shall meet in plenary session at least once per year and at other times- 24 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 ( a ) upon the instruction of the Minister transmit- ted to the chairman, which instruction shall set forth the purposes thereof, the chairman shall issue a call for a special meeting; setting forth the purposes therefor; or ( b ) upon receipt of the written request of at least one third of its members transmitted to its chairman, which request shall set forth the purposes thereof, the chairman shall issue a call for a special meeting, setting forth the purposes thereof. | 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) ( a ) It shall be the principal responsibility of the National Labour Board periodically to review the Code in the light of the development, economic and social needs of Antigua and Barbuda and to advise the Minister on the need for changes in said 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 |
( b ) In addition, members of the National Labour Board shall serve as a Board of Review as specified in section B 13 and shall discharge such other respon- sibilities as are assigned it in this and other Divisions and as are assigned to it by the Minister. | 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 |
( a ) Advance notice of any meeting of the National (4) Labour Board, and a statement of the purposes of such meeting, shall be sent to each member and be posted by the Labour Commissioner upon the bulletin board of the Labour Department, there to be maintained for a period of not less than ten days prior to the opening of the meeting, and he shall also cause it to be publish- ed at least one week previously in all newspapers publish- ed in Antigua and Barbuda. | 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 |
( b ) Persons wishing to be heard on the subject of a scheduled meeting of the National Labour Board may file a notice of same with the Labour Commissioner at least 24 hours in advance of said meeting.
(c) The National Labour Board, to the extent prac- ticable, shall listen to anyone wishing to be heard on the subject of a particular meeting; but it may limit the time of any such speaker or it may require that the presentation be in writing. | 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 In addition, the National Labour Board may call upon any Government Department for assistance in ascertaining facts with respect to the subject of a LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 2 5 meeting; and it may call upon persons unconnected with Government for assistance therein. | 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 |
(e) The absence of one or more members of the National Labour Board with respect to any of its deliberations shall not affect the validity thereof: Provided that not less than two members representing Government, two members representing employers and two members representing employees shall constitute a quorum. | 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 |
Cf) The results of the deliberations of the National Labour Board on any matter shall be incorporated in a written report addressed to the Minister containing recommendations and the reasons for such recommen- dations; and, with respect to any such report, specially concurring, minority, or dissenting reports may be prepared.
-- &) The National Labour Board's report and any specially concurring or minority or dissenting report, shall be transmitted to the Minister by its executive secretary. | 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 |
(h) The executive secretary of the National Labour Board shall cause said report and any specially concur- ring or minority or dissenting report to be published in the Gazette within ten days of said transmission; and he shall thereupon cause a copy of said issue of the Gazette to be posted on the Labour Department bulletin board for a period of 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 |
(5) ( a ) The National Labour Board shall be an Honorary Body, and each of its members shall be award- ed, for each year or fraction thereof of service thereon, an appropriate Certificate of Service signed by the Minister. | 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 member shall be given nor shall he accept financial remuneration for these services by the Govern- ment or by any other party; except that he may be given and he may accept the renumeration for services he would have been rendering during the time spent on National Labour Board business, from the person or persons, including the Government, for whom such ser- vices would have normally been rendered; and he shall LAWS OF ANTIGUA AND BARBUDA 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 be given and he may accept from the Government an allowance for any travel and travel subsistence expenses, to be fixed by the Minister after consultation with the Financial Secretary.
(c) Any person who offers or any member who accepts financial remuneration contrary to paragraph ( b ) shall be guilty of an offence and liable on summary conviction to a fine of fifteen hundred dollars.
( 6 ) Each member shall hold office at the pleasure of his nominator. | 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 |
Arbitration Tribunal: its creation, composition, responsibilities, procedures, and compensation.
B8. | 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) There is hereby created an Arbitration Tribunal to hear and determine any major trade dispute whose membership shall consist of not less than seven and not more than eleven Code Arbitrators at all times to be selected as follows- ( a ) Applications or nominations for membership on the Arbitration Tribunal, submitted by anyone, shall be considered, at special meetings called for the pur- pose, by the National Labour Board, who shall thereupon report to the Minister the results of its deliberations, including the extent of the affirmative and negative votes on any application or nomination. | 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 |
(b) After receiving the National Labour Board's report on its deliberations, as described in paragraph (a), the Minister shall select the members of the Arbitration Tribunal.
(2) It shall be the responsibility of the Code Arbitrator or a Panel of Code Arbitrators, as the case may be, selected as prescribed in section K 16, to hear and determine major trade disputes referred under section B6 (2) ( 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 |
(3) In said hearing and determination, the Code Arbitrator or Panel of Code Arbitrators may be assisted by assessors designated by the parties to the dispute: Provided that- (a) the number of assessors designated by each party shall not exceed the number of Code Arbitrators designated to hear and determine the trade dispute; and 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 ( b ) the validity of the hearing and determination of a trade dispute shall be unaffected by the failure of any party to the dispute to 'designate the assessoi-s to which it is entitled or by the failure of any designated assessor to assist in the hearing or determination. | 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) The hearing shall take place as soon as possible after referral, but, the Code Arbitrator or the Panel of Code Arbitrators, as the case may be, may call the parties into pre- hearing conference for the purpose of narrowing issues.
( 5 ) At the hearing, the parties may present evidence on the issues; may argue orally; and may thereafter, in the discretion of the Code Arbitrator or Panel of Code Arbitrators, as the case may be, submit briefs within a time period set by him or them, as the case may be. | 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) Within the time provided by the applicable provi- sion, the Code Arbitrator or Panel of Code Arbitrators, as the case may be, shall make a determination of the trade dispute. | 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) The determination of the trade dispute shall be made by the Code Arbitrator or, in the case of a Panel of Code Arbitrators, by a majority of the members of such Panel; and such determination shall be incorporated in a decision issued by the Code Arbitrators or Panel of Code Arbitrators, as the case may be, as follows- ( a ) The decision shall be in writing.
(b) The decision shall contain findings of facts, with explanations therefor in the event of conflicting evidence. | 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 ) The decision shall contain a determination of all relevant issues presented, with the underlying reasons therefor. | 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 |
(8) Whenever more than one Code Arbitrator has been designated to hear and determine a trade dispute and any vacancy occurs in their number, the remaining members may, with the consent of the parties, act notwithstanding such vacancy; and such consent given, no act, proceeding, or determination of the remaining members shall be called into question or invalidated by reason of any such vacancy.
2 8 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 |
2 8 CAP.
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA (9) ( a ) Code Arbitrators may or may not be employees of the Government and need not be citizens or residents of Antigua and Barbuda.
With respect to matters refer- red to them for formal handling under section B6 ( 2 ) (c), they shall receive a token remuneration from the Government on an ad hoc basis i.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 |
for time actually spent as a result of such referrals, plus an allowance for any travel or travel subsistence expenses, said renumeration and allowance to be set by the Minister, after consultation with the Minister responsible for Finance. | 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 |
( b ) The Code Arbitrators may, at their discretion, hold themselves out as available for the hearing and determination of trade disputes which are not referred for formal handling under section B6 (2) (c) but with respect to which the parties, by agreement, seek a hear- ing and determination by a Code Arbitrator or panel of Code Arbitrators. | 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 |
In such cases, as a service to the parties and only to the extent practicable, the Labour Commissioner shall make the necessary arrangements in accordance with the wishes of the parties, but the compensation and travelling allowance, if any, of the Code Arbitrators shall be paid by the parties.
( c ) Assessors who participate in the hearing and determination of a trade dispute, as provided in subsec- tion (3) shall be compensated, if at all, by the respec- tive parties by whom they have been designated. | 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 0 ) Each Code Arbitrator shall hold office for a term of five years, except that his incumbency shall end earlier if- ( a ) he resigns; or ( 6 ) he is removed from office by z Court order for good cause unrelated to the exercise of his decisional processes, and he shall be eligible for re-election, under the procedures specified in subsection ( 1 ) . | 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 1) The Arbitration Tribunal is hereby empowered to issue regulations covering its procedures which are not inconsistent with the provisions of this Code.
Hearing officers.
B9.
( I ) Any question, petition, charge or complaint concerning severance pay as covered by Part 4 of Division 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 29 C hereof, concerning alleged unfair dismissals as covered by Part 5 of Division C hereof, representation questions as covered by Division J hereof o r infringements as covered by Part 1 of Division K hereof, which shall have been referred for formal handling as provided in section B 6 (2) ( c ) , -herein, shall be heard and determined.-by--a--Hkai-ing Officer.
.... .-. | 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 Hearing Officer shall be the Labour Commis- sioner or, in his discretion, his appointee from the Labour Relations Service of the Labour Department.
( 3 ) The Hearing Officer may, in his discretion, call the parties into pre-hearing conferences, for the purpose of narrowing issues.
(4) At the hearing, the parties may present evidence on the issues; may argue orally; and may thereafter in the discretion of the Hearing Officer, submit briefs within a time period set by 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 |
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