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(5) Within the time provided by the applicable provi- sion, the Hearing Officer shall issue his decision in the matter- (a) The decision shall be in writing.
(6) The decision shall contain findings of facts, with explanations therefor in the event of conflicting evidence.
(c) 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 |
(6) In the absence of a request for review within the time specified therefor, the Hearing Officer's deci- sion shall become final.
(6) The Hearing Officer's decision shall be subject to review by a Board of Review, under the procedures laid down in section B 13.
(7) Hearing Officers under this section, who are f d t i m e employees of the Government, shall receive no extra remuneration for services rendered as Hearing Officers. | 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) The Minister is hereby empowered to issue regula- tion covering procedures before Hearing Offlcers and Boards 3 0 C A P .
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA of Review under this section which are not inconsistent with the provisions of this Code.
before decisional officer, generally.
B1O. | 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 |
before decisional officer, generally.
B1O.
The following shall be applicable to matters referred for formal handling under section B 6 ( 2 ) (c), whether by a Code Arbitrator or panel of Code Arbitrators or by a Hearing Officer: (1) Decisional officers shall adhere to the time limits if any, set by the relevant provisions of this Code; failing this, they may be subject to Court Order upon an appropriate application. | 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 ) Parties may be represented before any decisional officer by themselves, by a legal practitioner, or by a rep- resentative of a registered employers association or registered trade union, or by any other person of their choosing. | 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) Admissibility of evidence before a decisional officer under this Code shall not be determined by the formal rules of evidence; all evidence sought to be introduced which is relevant to any issue before said body shall be received; Provided, however, that- ( a ) no evidence shall be received as to statements made or acts performed in connection with attempts to settle the issues by informal agreement; and ( b ) the parties, or their representatives, may pre- sent, and the decisional officer shall consider, arguments as to the probative value of evidence received, even though such arguments are based, in whole or in part, on principles underlying the formal rules of 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 |
(4) (a) The decisional officer, either sua sponte or upon request of any party, shall be empowered to issue sum- monses requiring the attendance and testimony of witnesses and the production of any documents described therein, in the form prescribed in the Schedule. | 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 ) Upon a petition to revoke a summons calling for the production of documents filed by the summon- ed person not more than five days after service of the summons, the decisional officer shall revoke such sum- mons if in his opinion the documents whose production 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 3 1 is required do not relate to any of the issues in the matter, the documents are not described in the summons with sufficient particularity, or there is other good cause for the revocation. | 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) All persons summoned to attend and give evidence or to produce documents before a decisional officer- (i) shall be bound to obey any summons served upon them which has not been revoked; (ii) shall be entitled to the same rights and privileges as a witness before a court of law; and (iii) shall be entitled to be paid their expenses, by the party summoning or requesting the sum- moning including travelling expenses at the rates prescribed for witnesses attending the Supreme Court: Provided that, for good cause, the decisional officer may disallow such expenses, in whole or in part. | 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) Any person who- (i) without sufficient cause, fails or refuses to attend before a decisional officer in response to a summons issued under this subsection, or fails or refuses to produce any document which he is required by such summons to produce; (ii) being a witness, leaves the hearing without the permission of the decisional officer; (iii) being a witness, refuses without sufficient cause to answer any question put to him by or with the permission of the decisional officer; or (iv) wilfully or unlawfully obstructs or interrupts a proceeding before a decisional officer; shall be liable on summary conviction to a fine of seven hundred and fifty dollars and to imprisonment for three months. | 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) If any question arises as to the interpretation of any decision of a decisional officer, any party to the matter may apply to said officer for a resolution of the question, and 32 CAP.
27) Antigua and Barbuda Labour Code JAWS OF ANTIGUA AND BARBUDA his decision thereon, rendered with or without a further hear- ing, within his discretion, shall be deemed to form a part of and shall have the same effect as the original decision.
Independence of dccisional officers.
B 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 |
Independence of dccisional officers.
B 1 .
(1) Each decisional officer, with respect to the issues referred for formal handling shall hear and decide the issues without supervision or guidance and in such respect- ( a ) H e shall not be given, and he shall not accept, ex parte arguments, advice, or other communications regarding such issues. | 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 one shall supervise him (not even one who may be his supervisor as to his duties other than as a decisional officer) in connection with his conduct of a hearing, his consideration of evidence and arguments presented to him, or the decision he renders on the issues.
( 6 ) No one shall promise or give him any reward and no one shall threaten him with or cause him to suffer any reprisal in connection with his handling of any issue formally referred to 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 |
(4 No one shall give him and he shall not accept or receive any reward or benefit in connection with his handling of any issue formally referred to him, either before, during, or subsequent to his handling thereof.
(e) No one shall require him to answer any ques- tions as to the mental processes in which he engaged in arriving at his conclusions in any matter referred to him for formal handling, beyond that which is contain- ed in his written decision. | 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) Decisional officers shall withdraw from, and they shall not, directly or indirectly, participate in any matter in which they may have a personal interest, financial or other- wise; nor shall they directly or indirectly participate in any matter in which, although they have not personal interest therein, the surrounding circumstances create an appearance of personal interest. | 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 one who contravenes the requirements of this section shall be guilty of an offence and shall be liable on LAWS OF ANTIGUA AND BARBUDA Ant2gua and Barbuda Labour Code (CAP.
27 33 summary conviction to a fine of three hundred dollars and to imprisonment for one month.
B 12.
(1) A decisional officer, in his decision, is Remedial powers of decisional empowered to impose whatever remedies are considered officers. | 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 |
appropriate in the matter and in particular- (a) in a severance pay matter, he may order the payment of a sum of money found due; (b) in an unfair dismissal matter, he may order the payment of a sum of money equal to loss of wages sus- tained and, in addition thereto he may also order the reinstatement of the person dismissed or the payment of a sum of money in lieu of such reinstatement; (6) in an employee-representation matter, he may direct that a secret ballot be conducted to resolve the question; (d) in an infringement case, he may- (i) order that conduct found to be unlawful be terminated and/or not repeated in the future; (ii) order that a collective agreement found to be unlawfully executed be cancelled; (iii) order reinstatement or hiring to specified employment, with or without the payment of a sum of money equal to wage losses sustain- ed; and/or he may order the payment of a sum of money in lieu of reinstatement or hiring if he deems the option justified; (iv) order the reimbursement to employees of trade union initial payment, regular membership subscription, or service fee payment; (v) order that an employer recognize a registered trade union as sole bargaining agent within the definition of section 54; and (vi) order the execution of a collective agreement with specified terms, or the exclusion or inclusion of specified terms in an existing col- lective agreement; (e) in any case- 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 (i) in connection with his order to pay a sum of money, he shall order that interest be paid thereon if required by the provisions of this Code; and he may order that interest be paid although not required by the Code if justified by the circumstances; (ii) he may issue any order, either retrospective or prospective in nature including directions as to the time within which an order shall take effect as called for by the circumstances; and (iii) he may issue any other remedial order including an order for reinstatement 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 |
(2) An order may run against an employer or a union, or against both jointly and severally, whichever is appropriate.
Board of B 13.
(I) As specified in this Code, a Board of Review shall, upon request of a party filed within the period specified therein, conduct a review of administrative decisions. | 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) Each Board of Review shall consist of three members of the Labour Board, selected on an ad hoc basis, as follows: Upon receipt of a request for review on a matter which the Code makes reviewable by a Board of Review, the Labour Commissioner shall notify the Chairman of the Labour Board, who shall forthwith select, from among the members thereof, one representative each of Government, employers, and employees to act as the Board of Review on the matter. | 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 Board of Review-with the Government representative as its Chairman-shall consider the matter; may, in its discretion, set down the matter for oral argu- ment before it by the parties; and shall, as soon as is prac- ticable, issue its decision on review, setting forth therein its conclusions and its reason therefor.
(4) The decision of a Board of Review shall be that of a majority of its members.
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 3 5 (5) If there be no majority decision as to any issue, the determination of that issue in the decision being reviewed shall stand.
B14.
( 1 ) As executive secretary for each of the de- Responsibilities cisional officers referred to in this Division, the Labour Com- ~ommiss;on,, as missioner shall cause the decisions of said officers to be gcf;;jf,9"s properly served upon the parties.
of officers. | 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 officers.
of Labour (2) He shall cause a copy of each such decision to be posted upon the Labour Department's bulletin board for a period of at least ten days; and he shall cause such decision to be published in the Gazette.
(3) He shall cause each such decision to be printed in the Annual Report of the Labour Department or in an appropriate annex thereto.
B15. | 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 |
B15.
( 1 ) Labour Inspectors, within the Labour Responsibilities Inspection Section and under the supervision of the Labour I Commissioner, shall be responsible for the enforcement of such requirements of this Code as are assigned to them herein and as are assigned them by the Minister from time to time.
of 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 |
(2) In the discharge of such responsibilities, an inspec- tor has power to do any or all of the following things, whether or not a complaint of a violation of any provision herein has been filed- (a) to enter without previous notice and inspect and examine, at any time, any premises to ascertain whether the provisions of this Code or any regulations or order issued thereunder, have been or are being complied with; ( 6 ) to question, either alone or in the presence of any other person, as he thinks fit, with respect to matters covered by this Code, any person whom he finds on such premises; or any person whom he has reasonable cause to believe to be or to have been employed therein within the preceding three months, and to require such person to be questioned and to sign a declaration of the truth of matters respecting which he is so questioned: Provided, however, that no one shall be required under this provision to answer any questions or give any evidence ten- ding to incriminate himself; 3 6 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 ( c ) to require the production of registers, certificates, notices, documents or other records the keep- ing of which is required under the provisions of this Code, and to inspect, examine, and copy any of them; (d) in the case of an inspector who is a duly qualified medical practitioner to direct that any person working or employed therein submit to a medical examination by a medical practitioner of his choice to determine whether the provisions of this Code have been or are being complied with; (e) to enforce the posting of notices required by the Code; and Cf) to exercise such other powers as may be necessary for implementing this Code: Provided that, when visiting any premises or questioning any person in connection with the exercise of such powers, an inspector shall, upon request, produce and display his certificate of appointment as Labour Inspector. | 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) O n the occasion of an inspection visit, inspectors shall notify the employer or his representative, and the workers or their representative of their presence, unless they consider that such notification may be prejudicial to the per- formance of their duties.
B16. | 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 |
B16.
(1) No inspector or other person, without the permission of the employer concerned, shall disclose inform- ation with respect to any manufacturing process or trade secret which he has obtained in the course of the performance of his duties pursuant to this Code, except to the extent that such disclosure within the Labour Department is necessary to the performance of such duties. | 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) No inspector or other person shall disclose or imply to any employer, or to any other person, except to the extent that disclosure within the Labour Department is necessary for the proper performance of his duties, the source of the complaint, if any, which initiated an investigation of com- pliance with any provision of this Code.
(3) Any inspector or other person who fails to comply with the provisions of this section shall be guilty of an offence D U ~ Y 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 |
Antkua and Barbuda Labour Code (CAP.
27 37 and liable on summary conviction to a fine of seven hundred and fifty dollars and to imprisonment for three months.
under any Division of this Code- B 17.
Any regulations or orders which are issued Requirements for regulations, etc.
implementing Code.
(i) shall be published in the Gazette; and (ii) shall be posted for a period of at least ten days after issuance upon the Labour Department's bulletin board.
B 18. | 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 18.
The provisions of this Division shall become Effective date generally.
effective upon enactment with the special qualifications noted in sections B19 and B20.
B19. | 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 |
With respect to the formation of the Labour P,"t,"bE;$:zg Board created in section B7, the following preliminary steps shall be taken- (1) Within ten days after the enactment of this Code the Minister shall, within the limitations contained in sec- tion B7, make his determination as to what persons or organizations are entitled to nominate members of the Labour Board along with the number of members each such person or organization may nominate; and the announcement of such determination shall appear in the Gazette and on the bulletin board of the Labour Department. | 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) Within the ten days following the publication of said announcement in the Gazette and on the bulletin board of the Labour Department any person or organization may file with the Labour Commissioner a protest to any feature of the determination, which protest shall be in writing and shall set forth the 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 |
filin f3) of W. protests, the Minister shall call a meeting of the thin ten days after the close of the period for the protestors and those who might be affected by a determina- tion of the protests, at which meeting he shall hear any arguments in support of the respective parties' positions.
(4) At that meeting or any adjournment thereof the Minister shall dispose of the protests and, if necessary, shall announce his revision of the determination made under 38 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 Preliminary steps re Arbitration Tribunal.
subsection (1); and the revision made shall be given the same publicity as that specified in subsection (2).
(5) The Minister's determination under subsection (1) as it may be revised under subsection (4) shall be final.
(6) Upon said determination, as revised, those entitled to nominate members of the Labour Board may do so. | 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) Ten days after the announcement of the said deter- mination, as revised-whether or not those entitled to nominate members have done so-the Labour Board shall be considered a functioning body with all of the powers and responsibilities set forth in Section B7.
B20. | 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 |
With respect to the formation of the Arbitra- tion Tribunal created in section B8, the following preliminary steps shall be taken- (1) Within ten days after the enactment of this Code, the Minister shall, within the limitations contained in sec- tion B8, make a determination as to the minimum qualifica- tions required of persons for membership on the Tribunal and as to the emoluments of the position of Code Arbitrator; and the announcement of such determination shall appear in the Gazette and on the bulletin board of the Labour Department. | 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) Immediately thereupon, the Labour Commissioner will solicit the applications or nominations for Code Arbitrators, both within and outside Antigua and Barbuda by publication, in the press; by notification to the appropriate sections of other Governments, to universities, to associa- tions of labour arbitrators or conciliators, and to employers' associations and trade unions; and by any other reasonable means. | 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) As applications and nominations are received, the Labour Commissioner shall ascertain whether each appli- cant or nominee is willing and available to serve; shall request of each such person a resume of personal information rele- vant to the position; and shall, to the extent practicable, make inquiries as to the relevant experience, abilities, and reputa- tion of each such person. | 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) Within 40 days after the enactment of this Code a special meeting of the Labour Board called under the pro- LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 3 9 visions of section B7 (2) (6, shall be held to consider the applications and nominations thus far received, at which meeting the Labour Commissioner shall make available to the Labour Board the information he has procured in accor- dance with subsection (3). | 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 results of the Labour Board's deliberations shall be reported to the Minister as required by section B8 (I), and he shall make selections as provided in section B8 (1) (6).
(5) There shall be such additional special meetings of the Labour Board as are necessary, until at least seven Arbitrators shall have been selected as members of 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 |
(6) When at least seven Code Arbitrators have been selected as members of the Arbitration Tribunal, then, and then only, shall the Tribunal be considered a functioning body with all of the powers and responsibilities set forth in section B8.
SCHEDULE SUMMONS S. B10 Under section B10 of the Labour Code (Administration) Divi- sion of the Antigua and Barbuda Labour Code.
To [insert name of person summoned and his occupation and address]. | 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 |
........................................................................... At the request of [insert name of party at whose request the summons is being issued].
You are hereby summoned to appear before [insert name(s) and title-either Code Arbitrator, panel of Code Arbitrators, or Hearing Officer] ........................................................................... in the matter of [insert names of disputing parties]. | 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 |
........................................................................... 40 C A P .
27) Antigua and Barbuda Labour Code LAWS OF ANTIGUA AND BARBUDA At [insert place of hearing] on the 19 , at day of [insert a.m. or p.m.].
to give evidence respecting such matter [If witness is to produce document(s), add] And you are required to bring with you and produce [here, describe documents required]. | 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 |
........................................................................... You are liable to a penalty if you disobey this summons.
Given under my hand this day of 19 Signed [name and title of decisional officer] Basic Employment Short title.
C 1.
This Division may be cited as the Basic Employ- ment Division.
National policy.
C2. | 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 |
National policy.
C2.
It is hereby declared that the following expres- sions of public policy underlie and shall be used in the inter- pretation of the various provisions of this Division- (1) Every workman should know what his job consists of, what his working conditions shall be, and, if his employ- ment be terminated, the reason therefor.
(2) Every workman is entitled to reasonable breaks in employment, whether because of physical disability or for rest and rehabilitation. | 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) Every employment ought to provide at least that wage which will ensure a minimum standard of living.
(4) In the interests of spreading employment oppor- tunities and of preventing industrial accidents, there must be a reasonable limitation upon working hours of employees; LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 41 (5) T o the extent that circumstances dictate that work- hours be reasonably extended, premium remuneration ought to be received 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 |
(6) As an individual works at a job, he gradually earns an equity therein above and beyond his periodic wages, privileges, and allowances; and the maintenance of this equity requires protection.
C3.
I n this Division, unless the context otherwise 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 |
requires- "basic wage" means that part of an employee's remuneration for services which is payable in money for his normal hours of work; " gratuities" means remuneration, in money, received by an employee from customers, whether directly or through an employer and whether individually or shared with fellow-employees; 6 ' gross wage" means the total remuneration for services received in money, in kind, and in privileges or allowances, including gratuities and premium pay; "hours of work" means the period during which an employee's services are under control of his employer, whether or not work is available for him throughout the period, and it includes all rest, meal, or break periods of fifteen minutes or less but excludes all such periods in excess thereof; "normal hours of work" means those hours of work for which no premium pay is due under the provi- sions of section C 27; " predecessor-employer" , in relation to the employment of a person as it affects that person's right to severance pay, as covered in Part 4, is one who, in consequence of a change occurring in the owner- ship of an undertaking or in the part of a n under- taking in which that person is involved, is no longer the employer of that person; " premium pay" has the meaning assigned thereto by section C 26; 42 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 "redundancy" means a situation in which, by virtue of a lack of customers orders, retrenchment, the installation of labour-saving machinery, an employer's going out of business, a force majeure, or any other reason, tasks which a person was last employed to perform no longer exist; "substantially equivalent employment" means employ- ment at work which, although not identical to that which is the basis of comparison, requires similar skills, affords relatively similar prospects of progres- sion, and pays a relatively equal wage; and L ' successor-employer" , in relation to the employment of a person as it affects the person's right to severance pay as covered by Part 4 hereof, is one who, in consequence of a change occurring in the ownership of an undertaking or in that part of the undertaking in which the person is involved, has become the new employer of that person. | 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 |
Discrimination because of race, etc.
Commencement, Elementary Requirements, and Termination of Employment c4.
(1) No employer shall discriminate with respect to any person's hire, tenure, wages, hours, or any other con- dition of work, by reason of race, colour, creed, sex, age or political beliefs: Provided, however, that this shall not be construed as forbidding the taking of personnel actions genuinely related to that person's ability to discharge the duties of the employ- ment in question. | 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 ) Anyone who contravenes'the requirements of subsec- tion (1) shall be guilty of an offence and on summary con- viction shall be liable to a fine of three thousand dollars and to imprisonment for twelve months.
Statement of working conditions.
C5. | 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 |
Statement of working conditions.
C5.
(1) Every person who employs another shall, within 10 days of such employment, furnish said employee with a written statement which shall set forth- ( a ) the general responsibilities and related duties for which the employee is being employed; LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code ( 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 4 3 ( 6 ) the regular hours of work, and rest periods; ( 6 ) the starting pay, and method of computing same; (4 the term of employment, if other than indefinite; (e) the period of probation, if any; Cf) the employee's leave and vacation privileges; and (g) his obligations, if any, imposed under section J 13. | 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 persons currently employed on the effective date of this provision, each employer shall, within ten days after such effective date, furnish each of said per- sons with a written statement which shall set forth- ( a ) the general responsibilities and related duties for which the employee is currently employed; ( 6 ) the regular hours of work, and rest periods; ( 6 ) the current pay, and method of computing same; (d) the remaining term of employment, if other than indefinite; (e) the remaining period of probation, if any; and Cf) the employee's leave and vacation privileges. | 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) With respect to either a newly engaged employee or one already employed as of the effective date of this pro- vision, each employer shall either post a copy of any current agreement between the employer and a trade union setting forth the working conditions of such employee or he shall give said employee a copy 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 |
(4) Whenever, subsequent to the giving of a statement under subsection ( 1 ) or (2), the employer, whether by necessi- ty or otherwise, desires to change, in any relevant respect, the general responsibilities and related duties of the involv- ed employee as set forth in said statement, he shall, at or about the time he effectuates any such change, furnish the 44 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 said employee with a new written statement amending and making appropriate revisions in the original statement, and whenever, subsequent thereto, the employer desires to make additional changes in any relevant respect, he shall, prior thereto, furnish said employee with a written statement fur- ther amending the last one furnished; but nothing therein shall be construed as permitting an employer to change work- ing conditions in violation of section C6 or C7. | 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 |
C6.
An employer shall not provide employment, and Conformity with Code generally.
an employee may not accept employment, under terms and conditions which do not conform to the provisions of this Code.
Individual employment contracts.
C7. | 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 shall be lawful for an employer and employee to enter into an individual contract of employment, cover- ing terms of employment, but- (i) any provision thereof which establishes con- ditions which fall below the minimum employ- ment standards established by this Code shall be null and void; (ii) any provision thereof which requires that the employee refrain from associating with other employees or with a trade union for collective bargaining purposes shall be null and void; and (iii) any provision thereof which, to the employee's disadvantage, conflicts with the terms of a col- lective bargaining agreement in effect between the e m ~ l o v e r and a trade union which is the sole bargaining agent of the bargaining unit of which the employee is a part, within the definition of section 54, shall be null and void. | 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 J Probation period.
C8.
(1) A new employee's probation period may not exceed 3 months in duration, unless there is provision for a greater period in a collective agreement between an employer and a registered trade union acting as sole bargain- ing agent for all employees in an appropriate bargaining unit.
(2) During his probation period, an employee shall be given reasonable training in the duties of the position for 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 45 which he was hired, and shall be kept informed of his progress.
(3) During his probation period, an employee's employ- ment may be terminated without any reason being given except in infringement of his self-organizational rights as set forth in Part I of Division K. C9.
(1) An employer may, without advance notice, Employer's notice of terminate the employment of any person who has engaged ter,in,,io,, in misconduct related to his work within the limitations of section C59 (1) or (2). | 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 a person who has been engaged for a specified term of employment of less than one week's dura- tion, the employer need give no further notice of his inten- tion to terminate said employment at the end of the specified term, unless the terms of his employment specify otherwise. | 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 all other cases, the employer must give advance notice to the affected employee of an intention to terminate that person's employment, as follows- (a) with respect to an employee within his proba- tion period, an employer must give at least 24 hours advance notice of his intention to terminate said employee's 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 |
( b ) with respect to all other employees, the period of said advance notice shall be at least equivalent to the interval of time between the affected employee's paydays; (c) in no case need the period of said advance notice exceed 30 days unless an employment contract calls for a longer notice 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) Having given due advance notice to terminate employment, an employer may terminate the employment prior to the effective date of termination under the notice, provided that he pay the employee a sum equivalent to that which he would have paid if the employee had worked throughout the period.
(5) If the employer has not exercised the option pro- vided in subsection (4), he may require the employee to 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 render his normal services until the effective date of termina- tion under the notice, at the regular wage last being receiv- ed by said employee: Provided, however, that during said period the involv- ed employee shall be entitled as far as is practicable, to a reasonable amount of time off without loss of pay in order to seek other 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 |
(6) An employer having given due advance notice to terminate employment and not having exercised the option provided in subsection (4), shall be discharged of any obliga- tion to pay the involved employee's regular wage if and when said employee voluntarily quits his employment prior to the effective date of termination under the notice.
CIO. | 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 |
CIO.
(1) Upon the termination by an employer of any person's employment subsequent to the expiration of the latter's probation period, the employer shall, upon a re- quest beingmade by ;he employee within seven d a i s of ter- mination or notice thereof furnish forthwith to said employee a written statement of the precise reason for the action. | 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 employer shall, upon request of the terminated employee furnish a certificate specifying the dates of his engagement and termination and the type of work on which he was employed.
(3) An employer who furnishes a statement or certificate required by subsection (1) or (2) respectively, shall be con- clusively bound by the contents therein in any proceeding testing the fairness of the dismissal as covered by Part 5 herein or his liability for severance pay covered by Part 4 herein. | 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) An employer who fails to furnish either the state- ment or the certificate shall be estopped from introducing testimony as to facts which might have been recited in said statement or certificate, in any proceeding testing the fairness of the dismissal or his liability for severance pay whichever is applicable.
c 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 |
c 1 .
(1) An employee who has been engaged for a specified term of employment and who intends to quit his employment at the end of the specified term need give no advance notice of such intention unless the terms of his employment contract specify otherwise.
Statements upon termination.
Employee's notice of termination.
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 47 (2) All other employees must give advance notice to their employers of an intention voluntarily to quit employment, namely- (a) an employee, during his probation period, shall give at least 24 hours advance notice of such intention; (b) with respect to any other employee, the period of said advance notice shall be at least equivalent to the interval of time between the affected employee's paydays; except that, in no case need the period of said advance notice exceed 30 days unless an employment contract specifies otherwise. | 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) Failure of an employee to give sufficient advance notice as required herein may subject him, at the employer's option, to dism~ssal prior to the date that he intended volun- tarily to quit by the number of hours or days by which the employee's notice fell short of the required period of advance notice. | 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) Having received due advance notice from his employer of an intention to terminate his employment, an employee may not, unless said employer has exercised his option to terminate said employment earlier than the intended time and to pay wages in lieu thereof under the provisions of section C 9(4), quit his employment prior to the effective date of the notice under pain of losing his pay for the lost time.
C 12.
The provisions of this Part shall become effec- Effective date. | 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 |
tive sixty days after enactment thereof.
PART 2 Leave Privileges C 13.
Every employee who has passed his probation :;&OY:;':;; period shall be entitled to certain leave privileges during the course of his employment.
C14.
(1) Subject to subsection (2) no employee shall Public leave.
be obliged to work on a public holiday except in emergency situations.
(2) The Minister may, by Order published in the Gazette, exempt certain industries and enterprises, or certain parts Public holiday 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 |
LAWS OF ANTIGUA AND BARBUDA CAP.
27) Antigua and Barbuda Labour Code thereof, from the requirements of subsection (1) on such terms and conditions as he may think fit.
C15. | 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 |
C15.
(1) If an employee does not work on a public holiday he shall suffer no loss of pay, that is, he shall be paid the basic wage he would have received for work per- formed on that day had it not been a public holiday, provid- ed he has worked his scheduled work day immediately before and his scheduled work day immediately after the said public holiday. | 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 employee does work on a public holiday he shall be paid, in addition to any wage which he would have received in respect of the public holiday, an hourly rate of not less than 150 per centum of this basic rate per hour worked.
(3) Should an employer cause an employee to work on a public holiday in conformity with any Order made under section C 14(2) he shall pay said employee such amount as may be prescribed by such Order and in such manner as may be therein prescribed.
Sick leave.
C 16. | 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 |
Each employee is entitled to leave on workdays, or parts thereof, during which he is ill or otherwise physically incapacitated for work: Provided, however, that- (i) said leave shall be taken only in connection with actual illness or other physical incapacita- tion for work, evidence of which, in the form of a doctor's certificate or other satisfactory means, must be furnished by the involved employee upon request of the employer on or after the third consecutive day of any such leave; and , ' I (ii) in the event that, in the opinion of his em~lover. | 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 extent of such leave taken renders the employee unfit to continue in his employment and the employer terminates the employment therefor, the employee's right to severance Dav and the fairness of the termina- tion or either may be determined under Part 4 or 5 of this Division.
A , LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code (CAP.
27 49 C 17.
Each employee, for at least the first twelve days Sick leave 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 |
of sick leave taken during any twelve consecutive months, calculated from the date of commencement of employment and any anniversary date thereof, shall be entitled to that basic wage, and the employer shall give him that basic wage, which he would have received had he worked on those days.
C 18.
(1) Each employee who has successfully pass- vacation leave. | 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 |
ed his probationary period shall be entitled to, and each employer shall give him, vacation leave without loss of at least the basic wage, including the cash equivalent of payments in kind, he would have received had he not taken the leave, in an amount of at least one day per month of 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 |
(2) Said vacation leave shall be above and beyond and shall not include any public holiday leave as covered by sec- tions C 14 and C 15, any sick leave as covered by sections C 16 and C 17, or any daily or weekly non-work periods as covered by section C24.
(3) The dates of the taking of earned vacation leave shall be fixed by agreement between employer and employee.
(4) By mutual agreement the employer may advance leave not yet earned. | 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) By mutual agreement earned vacation leave ex- ceeding six days need not be taken in an unbroken time period.
(6) An employer shall not compel an employee to forego the taking of earned leave even though he pays; in lieu thereof, the wage the employee would have received had he taken the leave.
(7) Any person whose employment is terminated for any reason shall thereupon receive in respect of every day of vacation leave due him the remuneration for each such day as provided in subsection (1).
C 19. | 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 19.
(1) Any employer who contravenes the provi- Penalties.
sions of section C14, C15, C17 o r C18 shall be guilty of a n LAWS OF ANTIGUA AND BARBUDA CAP.
27) Antigua and Barbuda Labour Code offence and, upon summary conviction, shall be liable to a fine of seventy-five dollars. | 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 Court is satisfied that, by reason of the of- fence, the employer owes any employee a sum of money, it may render a judgment for this sum, with or without interest, which judgment shall be enforceable as any judg- ment in a civil action.
Effective date.
C20.
The provisions of this Part shall become effec- tive sixty days after enactment.
National minimum wage rate.
Remuneration and Hours of Work C21. | 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 |
Remuneration and Hours of Work C21.
(1) No person shall employ anyone to perform labour or services at a basic wage less than that which shall be established by the Minister after recommendations made to him by a Minimum Wage Advisory Committee specially appointed by him to investigate the conditions of work, extent of unemployment, the cost of living, and the general condi- tions of the economy 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 |
(2) Subject to the provisions hereunder, the Minister may make rules prescribing the powers, duties, and procedure of such Committee.
(3) The Committee shall consist of equal numbers of such employers and employees and representatives of such other interests in the economy as the Minister deems appropriate, one of whom shall be designated by the Minister as Chairman. | 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 Committee shall have full power to investigate the conditions of employment in respect of the occupation within its terms of reference and to make recommendations as to the minimum rates of wages which should be payable therein.
(5) The Committee may, at any time it deems expe- dient to do so, call in the aid of one or more assessors, special- ly qualified in the opinion of the Committee in the matter under investigation.
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 5 1 (6) Any person may, by written notice signed by the Chairman of the Committee, be required- (a) to attend any meeting of the Committee and give evidence under oath or otherwise; (6) to produce at any such meeting any document which, in the opinion of the Committee, is relevant to the matter under investigation; and (c) to furnish such particulars as may be required by the Committee: Provided that, if any- witness declines to answer any question or produce any document on the ground that it will tend to incriminate him or on any other lawful ground, he shall neither be required to answer such ques- tion or produce such document nor be liable for any penalties for refusing to $0 so. | 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) Any person who wilfully fails to comply with a notice addressed to him under subsection (6) or without lawful excuse fails to answer any relevant question or to produce any relevant document, shall be guilty of an offence and liable on summary conviction to a fine of seventy-five dollars. | 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) All questions arising at any meeting of the Com- mittee shall be determined by a majority of votes of all members, including the Chairman, who are present; and no such determination of the Committee shall be considered invalid by reason of any vacancy or absence among the members.
(9) The Committee shall issue interim reports of deliberations with recommendations, if requested by the Minister and, as soon as possible after the conclusion of its deliberations, a final report, with recommendations. | 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 |
These reports shall be addressed and delivered to the Minister, along with specially concurring, minority, and dissenting reports, if any.
(10) Giving full consideration to the recommendations of the Minimum Wage Advisory Committee, the Minister shall thereupon issue an Order prescribing the minimum basic wage payable for employment in Antigua and Barbuda.
5 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 |
5 2 CAP.
27) Antigua and Barbuda Labour Code JAWS OF ANTIGUA AND BARBUDA (1 1) The Minister may vary the provisions of any such previous Order, but only with like advice and in the like manner.
(12) Each employer must post said minimum wage rates upon a board on which notices to his employees are customarily posted.
Minimum wage rates for occupation.
C22. | 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.
C22.
(1) Whenever the Minister deems it necessary to take steps to regulate the wages paid in any occupation, he shall appoint a Minimum Wage Advisory Committee to investigate the conditions of work in such occupation and to make recommendations as to the minimum basic wage which should be payable therefor.
(2) With respect to any such Committee appointed, the provisions of section C 21(2) to (9) inclusive shall apply. | 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) Giving full consideration to the recommendations of said Committee, the Minister may thereupon issue an Order prescribing the basic minimum basic wage payable for each such occupation and each level within such occupation.
(4) The Minister may, .with like advice and in like man- ner, revoke or vary the provisions of any previous Order. | 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) In any establishment in which any such minimum occupational wage rates are applicable the employer must post said rates upon a board upon which notices to his employees are customarily posted.
C23.
(1) Where a minimum basic wage has been fix- ed under section C 21 or C 22, an employer who fails to pay said wage rate shall be liable o n summary conviction to a fine of three hundred dollars and in the case of a second or subsequent conviction to a fine of seven hundred and fifty dollars. | 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 a n employer has been convicted for failure to pay the minimum basic wage rate to any person employed by him, then, if notice of intention so to do had been served upon him with the summons, warrant, or complaint, evidence may be given of any failure on the part of the employer to Penalty for not paying minimum wage.
LAWS OF ANTIGUA AND BARBUDA Antigua and Barbuda Labour Code ( 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 |