ACT
(Acts 37 of 2006, 6 of 2011 and 5 of 2020)
Act 37 of 2006 .. in force 1 August 2012 (S.I. 70/2012)
Amended by Act 6 of 2011 .. in force 3 May 2011
Amended by Act 5 of 2020 .. in force 17 June 2020
ARRANGEMENT OF SECTIONS
PART 1
PRELIMINARY
| 1. | Short title |
| 2. | Interpretation |
| 3. | Application |
| 4. | Non-contracting clause |
| 5. | Conflicts between this act and any other enactment |
PART 2
FUNDAMENTAL PRINCIPLES OF EMPLOYMENT
| 6. | Prohibition against forced labour |
| 7. | General prohibition against discrimination |
| 8. | Protection of freedom of association |
| 9. | Direct complaint to the tribunal |
PART 3
TERMS AND CONDITIONS OF CONTINUED EMPLOYMENT
DIVISION 1
CONTRACTS OF EMPLOYMENT
| 10. | Application |
| 11. | Interpretation |
| 12. | Types of contract |
| 13. | Particulars of written contract and content of contract |
| 14. | Request for written particulars |
| 15. | Delivery of contract |
| 16. | Fines for false particulars and contraventions |
| 17. | Amendment of contract |
| 18. | Capacity to contract |
| 19. | Exemptions |
| 20. | Family members |
| 21. | Assumption of a contract for an indefinite period |
| 22. | Existing contracts to continue in force |
DIVISION 2
CONTINUITY OF EMPLOYMENT
| 23. | Duration of continuity of employment |
| 24. | Continuous employment for seasonal employees |
| 25. | Successor employer |
DIVISION 3
HOURS OF WORK
| 26. | Interpretation |
| 27. | Duration of working week |
| 28. | Weekly rest |
| 29. | Maximum ordinary work day |
| 30. | Split shifts and occasional shifts |
| 31. | Meal intervals |
| 32. | Overtime |
| 33. | Prohibition of work on public holidays |
| 34. | Pay for public holidays for daily paid workers |
| 35. | Employees may opt to perform night work |
| 36. | Reasonable alternative for discontinuing night work |
| 37. | Power to make regulations |
DIVISION 4
WAGES
| 38. | Wages to be paid in legal tender |
| 39. | Agreements as to place and manner of spending wages |
| 40. | Payment of wages by cheque |
| 41. | Wages to be paid directly to employees |
| 42. | Employee's right to recover |
| 43. | Pay periods |
| 44. | Employer to fix pay days |
| 45. | Wages to be paid on completion of contract |
| 46. | Wages to be paid on termination of contract |
| 47. | Interest on advances prohibited |
| 48. | Advances by way of loans |
| 49. | Recovery of advances and excess in payment of wages |
| 50. | Payment of outstanding balance of advances and excess of payment of wages |
| 51. | Deductions of payment in respect of fines restricted |
| 52. | Deductions for obtaining employment prohibited |
| 53. | Deductions authorized in certain cases |
| 54. | Saving as to judgement debts |
| 55. | Agreements of cooperation |
| 56. | Remuneration other than wages |
| 57. | Wages not to be paid on certain premises |
| 58. | Sale of goods or services by employer to employees |
| 59. | Special provision for service charges, share of profits or commission |
| 60. | Employees in the employment of contractors |
| 61. | Limitations on attachments or seizure of wages |
| 62. | Wages to be priority debt |
| 63. | Employers to issue details of wage payments |
| 64. | Offences under this division |
| 65. | Repayment of wages |
| 66. | Regulations |
| 67. | Deduction for provident or pension funds |
DIVISION 5
MINIMUM WAGES
| 68. | Fixing of minimum wage |
| 69. | Establishment and composition of minimum and equal wages commission |
| 70. | Appointment and resignation |
| 71. | Remuneration of members |
| 72. | Assignment of staff |
| 73. | Functions of commission |
| 74. | Procedure |
| 75. | Power to summon |
| 76. | Minister to refer to commission |
| 77. | Invitation for comments and objections |
| 78. | Objection |
| 79. | Recommendation or advice by commission |
| 80. | Matters for consideration in proposing a minimum wage |
| 81. | Advice of commission |
| 82. | Effect of minimum wage order |
| 83. | Saving of existing level of wages |
| 84. | Records |
| 85. | Powers of inspection |
| 86. | Authorization for commission to obtain information |
| 87. | Recovery of wages |
| 88. | Offences in relation to this division |
| 89. | Application |
DIVISION 6
SICK LEAVE AND BENEFITS
| 90. | SICK pay |
| 91. | UNCERTIFIED sick leave pay |
| 92. | Certified sick leave |
| 93. | Employer's obligation toward sick pay |
| 94. | Determination of medical matters |
DIVISION 7
VACATION LEAVE
| 95. | Interpretation |
| 96. | General entitlement to vacation leave |
| 97. | Amount of vacation leave with pay |
| 98. | Existing rights to vacation saved |
| 99. | Periods of vacation leave |
| 100. | Public holidays not to be counted |
| 101. | Employee not to be terminated during vacation leave |
| 102. | Exclusions from vacation leave |
| 103. | Employee not to be compelled to forego vaction leave |
| 104. | Proportionate vacation leave |
| 105. | Vacation leave pay upon termination |
| 106. | Vacation leave pay upon termination before qualifying period |
| 107. | Records |
| 108. | Complaints |
DIVISION 8
PUBLIC CONTRACTS
| 109. | Interpretation |
| 110. | Provisions deemed to be included in public contracts |
| 111. | Established rates and conditions of employment |
| 112. | Labour commissioner to set rates and conditions |
| 113. | Certificate of fair and reasonable conditions |
| 114. | Disputes on remuneration |
| 115. | Accounts |
| 116. | Sub-contractors |
| 117. | Withholding payments |
| 118. | Information |
| 119. | Default in payments |
| 120. | Posting of conditions of work |
| 121. | Prohibition on non-compliant contractors |
DIVISION 9
EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
| 122. | Prohibition of child labour |
| 123. | Medical certificate of fitness |
| 124. | Register of children and young persons |
| 125. | False certificates |
| 126. | Regulations for the employment of young persons |
| 127. | Penalties for child and young person labour |
DIVISION 10
TERMINATION OF EMPLOYMENT
| 128. | Non-application |
| 129. | Valid reason for dismissal |
| 130. | Probationary period |
| 131. | Unfair dismissal |
| 132. | Constructive dismissal |
| 133. | Summary dismissal for serious misconduct |
| 134. | Entitlement to remuneration on summary dismissal |
| 135. | Warnings and termination for misconduct |
| 136. | Unsatisfactory performance |
| 137. | Dismissal where unsatisfactory performance is due to the natural aging process |
| 138. | Dismissal for lack of qualifications or skills |
| 139. | Dismissal for fundamental breach of contract |
| 140. | Natural justice safeguards |
| 141. | Options to suspend or warn in lieu of dismissal |
| 142. | Suspension with pay |
| 143. | Dismissal for reason of incapacity or abuse of sick leave |
| 144. | Remuneration due upon dismissal |
| 145. | Termination due to redundancy |
| 146. | Constructive redundancy |
| 147. | Effect of sale |
| 148. | Lay-offs and suspensions |
| 149. | Option for severance pay from successor employer |
| 150. | Winding up |
| 151. | Death of employer |
| 152. | Priority debts on death of employer |
| 153. | Notice periods and exemptions from notice |
| 154. | Notice not relevant to question of unfair dismissal |
| 155. | Payment in lieu of notice |
| 156. | Certificate of termination |
| 157. | Fines and discipline |
| 158. | Burden of proof |
| 159. | Age of retirement |
DIVISION 11
TERMINATION BENEFITS
| 160. | Redundancy pay |
| 161. | Severance pay |
| 162. | Non-entitlement to redundancy pay |
| 163. | Payment to beneficiary and complaint against non-payment |
| 164. | Special provisions for hospitality and other seasonal employees |
| 165. | Part-time employees |
| 166. | Provision for pro rata payment |
| 167. | Contesting of redundancy |
PART 4
OCCUPATIONAL SAFETY AND HEALTH
DIVISION 1
REGISTRATION AND REQUIREMENTS OF INDUSTRIAL ESTABLISHMENTS
| 168. | Interpretation |
| 169. | General application |
| 170. | Work in private residences |
| 171. | Appointment of chief occupational safety and health officer and other officers |
| 172. | Requirement for registration and pre-existing registration |
| 173. | Application for registration and register |
| 174. | Application for registration of change of particulars |
| 175. | Chief occupational safety and health officer to monitor registered industrial establishment |
| 176. | General powers of authorised officers |
| 177. | Notice of discontinuance for work for young person |
| 178. | Non-compliance with notice |
| 179. | Orders |
| 180. | Appeals from orders |
| 181. | Prohibition on entering workplace after order |
| 182. | Notice of compliance |
| 183. | Injunction |
| 184. | Establishment of advisory council |
| 185. | Establishment of technical committees |
| 186. | Appointment of medical inspectors |
| 187. | Duties and powers of medical inspectors |
| 188. | Periodic report of medical inspectors |
| 189. | Appointment of technical examiners |
| 190. | Selection of safety and health representatives |
| 191. | Functions and powers of safety and health representatives |
| 192. | Establishment of joint workplace safety and health committees |
| 193. | Composition and selection of committee |
| 194. | Functions and powers of committee |
| 195. | Entitlement to be present |
| 196. | Response by employers |
| 197. | Minutes of proceedings |
| 198. | Inspection of workplace |
| 199. | Names of members of a committee to be posted |
| 200. | Meetings of committees |
| 201. | Committees of a like nature |
| 202. | Consultation with committees on hygiene |
| 203. | Request for national insurance data |
| 204. | Representation during inspections |
| 205. | Obstruction of authorised officers and safety and health representatives |
| 206. | Confidential information |
| 207. | Copies and reports |
| 208. | Immunity |
| 209. | General register |
| 210. | Guarding of machinery |
| 211. | Cleaning and repair of machinery |
| 212. | Marking of safe working load |
| 213. | Notice of assessment of risk |
| 214. | Prohibition of children in an industrial establishment |
| 215. | Construction and sale of new machinery |
| 216. | Instructions on use of machines |
| 217. | Protective clothing and devices |
| 218. | Contravention of safety |
| 219. | Drinking water |
| 220. | Meals and lunchrooms |
| 221. | Changing facilities |
| 222. | Dangerous fumes, dust or other impurities |
| 223. | Cleanliness |
| 224. | Disposal of wastes |
| 225. | Sufficient lighting |
| 226. | Noise |
| 227. | Overcrowding |
| 228. | Ventilation |
| 229. | Sanitary and washing facilities |
| 230. | First aid |
| 231. | Medical examinations |
| 232. | Minister to make regulations for medical supervision |
| 233. | Certification for fire safety |
| 234. | Alternations after certification for fire safety |
| 235. | Safety provisions in case of fire |
DIVISION 2
HAZARDOUS CHEMICALS, PHYSICAL AGENTS AND BIOLOGICAL AGENTS
| 236. | Prohibition of certain chemicals and appeals against prohibition orders |
| 237. | Notice for new chemicals or biological agents |
| 238. | Inventory of chemicals and physical agents |
| 239. | Labelling of chemicals |
| 240. | Copy of inventory to be made available |
| 241. | Assessment of chemicals |
| 242. | Information from manufacturers |
| 243. | Participation in training |
| 244. | Exemptions from disclosure |
DIVISION 3
NOTIFICATION OF ACCIDENTS AND OCCUPATIONAL DISEASES
| 245. | Meaning of employer |
| 246. | Requirement to give notice of accidents |
| 247. | Notification of occupational diseases and other diseases |
| 248. | Inquest in case of death |
| 249. | Application to the state |
| 250. | Notification of other accidents |
| 251. | Power of minister to make regulations |
| 252. | Presumption of employment |
| 253. | Offences |
| 254. | Special rules for making complaints |
| 255. | Power of the department of labour to require returns |
DIVISION 4
DUTIES OF EMPLOYERS, EMPLOYEES AND OTHER PERSONS
| 256. | Duties of employers at construction sites |
| 257. | General duties of employers |
| 258. | Duty to pregnant workers |
| 259. | Reports and records |
| 260. | Duties of employees |
| 261. | Duties of owners at construction sites |
| 262. | Duties of suppliers |
| 263. | Refusal to work on safety and health grounds |
| 264. | Complaint for reckless or frivolous refusal to work |
| 265. | Threats and discrimination for compliance |
PART 5
EQUALITY OF OPPORTUNITY AND TREATMENT IN EMPLOYMENT
DIVISION 1
DISCRIMINATION
| 266. | Interpretation |
| 267. | Definition and prohibIted grounds of discrimination |
| 268. | Prohibition on discrimination against applicant and employees |
| 269. | Exceptions in respect of bona fide occupational qualifications |
| 270. | Equal remuneration |
| 271. | Temporary measures to promote equality |
| 272. | Sexual harassment |
| 273. | Particular profession or trade |
| 274. | Burden of proof for section 273 |
| 275. | Qualifying bodies |
| 276. | Vocational training bodies |
| 277. | Employment agencies |
| 278. | Discrimination by subterfuge |
| 279. | Advertisement |
| 280. | Application forms |
| 281. | Mechanism to determine work of equal value |
| 282. | Exception for charities |
| 283. | Exception for religious bodies |
DIVISION 2
PREGNANCY AND MATERNITY BENEFITS AND PROTECTION
| 284. | Interpretation |
| 285. | Prohibition against discrimination on grounds of pregnancy |
| 286. | Marital status |
| 287. | Rights of pregnant employees |
| 288. | Duration of maternity leave |
| 289. | Maternity leave without pay |
| 290. | Exercise of right of return |
| 291. | Postponement of return |
| 292. | Higher maternity benefits |
| 293. | Record of female employees |
| 294. | Maternity leave in addition to vacAtion leave and sick leave |
| 295. | Remedies in relation to maternity leave entitlement |
| 296. | Burden of proof |
| 297. | Inducements and threats |
| 298. | Victimization |
| 299. | Burden of proof in respect of discrimination cases |
| 300. | Burden of proof exceptions |
| 301. | Remedies |
| 302. | Direct complaint to the tribunal |
PART 6
RECRUITMENT OF EMPLOYEES FOR OVERSEAS EMPLOYMENT AND WORK PERMIT
DIVISION 1
RECRUITING
| 303. | Interpretation and application |
| 304. | Restriction on recruitment of children and young persons |
| 305. | Licensing of employment |
| 306. | Application for employment agent's licence |
| 307. | Issuance of employment agent's licence |
| 308. | Revocation or suspension of employment agent's licence |
| 309. | Appeal against revocation or suspension |
| 310. | Demand for production of licence |
| 311. | Offence of failure to produce licence |
| 312. | False representation |
| 313. | Investigation of conditions of recruiters |
| 314. | Report on conditions of recruiters |
| 315. | Power to make regulations |
DIVISION 2
WORK PERMITS
| 316. | Interpretation |
| 317. | Control of employment |
| 318. | Application for and grant of work permit |
| 319. | Appointment of authorised persons |
| 320. | Production of work permit |
| 321. | Minister to vary or cancel work permit |
| 322. | Power to grant exemptions |
| 323. | Offences and penalties |
PART 7
TRADE UNIONS AND EMPLOYERS' ORGANIZATIONS
DIVISION 1
RIGHTS TO ASSOCIATION
| 324. | Interpretation |
| 325. | Non-application |
| 326. | Basic employee rights |
| 327. | Protection against discrimination and threats |
| 328. | Protection of trade union from employer interference |
| 329. | Basic employer rights |
| 330. | Interference with individual's freedom of association |
| 331. | Membership of trade unions and employers' organizations |
| 332. | Federations |
| 333. | Remedies |
| 334. | Registrar |
| 335. | Registration |
| 336. | Disqualification from office |
| 337. | Objection to registration |
| 338. | Existing registration |
| 339. | Fees |
| 340. | Constitution |
| 341. | Alterations in constitution or name |
| 342. | Annual return to registrar |
| 343. | Suspension and cancellation of registration |
| 344. | Appeals for refusal to register |
| 345. | Defunct organization |
| 346. | Legal status, immunity from civil suits and restraint of trade |
| 347. | Amalgamation |
| 348. | Compliance with constitution |
| 349. | Powers of discipline and expulsion |
| 350. | Improper election practices |
| 351. | Deposit and safeguard of funds |
| 352. | Accounting |
| 353. | Offences |
| 354. | Provision for review |
DIVISION 2
RECOGNITION OF THE RIGHTS TO BARGAINING AND REPRESENTATION
| 355. | Non-application |
| 356. | Interpretation |
| 357. | Application procedures |
| 358. | Certification particulars |
| 359. | Appropriateness of bargaining unit |
| 360. | Employer's recognition |
| 361. | Certification following employer recognition and refusal to recognize where one trade union applies |
| 362. | Certification by poll majority |
| 363. | Employer duties in conduct of poll |
| 364. | Penalty for breach to section 363 |
| 365. | Restrictions in conduct of poll |
| 366. | Employee duties in conduct of poll |
| 367. | Grant or refusal of certification |
| 368. | Effect of certification and compulsory recognition and duty to negotiate in good faith |
| 369. | Closing or restructuring of undertaking |
| 370. | New collective agreement |
| 371. | Revocation of exclusive barganining rights |
| 372. | Right to appeal |
| 373. | Right to choose representative |
| 374. | Access to employer's premises |
| 375. | Appropriate time for trade union representatives |
| 376. | Offence of refusing to meet to bargain in good faith |
| 377. | Meaning of “to bargain collectively” |
DIVISION 3
COLLECTIVE AGREEMENTS
| 378. | Collective agreements |
| 379. | Enforceability of collective agreements |
| 380. | Successor rights and obligations |
| 381. | Regulations |
PART 8
PRINCIPLES AND PROCEDURES IN INDUSTRIAL RELATIONS AND INDUSTRIAL DISPUTES
DIVISION 1
SETTLEMENT OF TRADE DISPUTES
| 382. | Non-application |
| 383. | Freedom to engage in industrial action |
| 384. | Peaceful picketing |
| 385. | Effect of strike on contract of employment |
| 386. | Employee not entitled to remuneration during strike |
| 387. | Trade disputes to be reported to labour commissioner |
| 388. | Referral of trade dispute to the tribunal with consent |
| 389. | Conciliation procedures to be exhausted |
| 390. | Minister to attempt mediation |
DIVISION 2
REGULATION OF DISPUTES IN THE ESSENTIAL SERVICES
| 391. | Dispute procedure |
| 392. | Prohibition of lockouts, strikes and industrial action |
| 393. | Employer to post copy of section on premises |
| 394. | Endangering life and property |
| 395. | Permission from attorney general for prosecutions |
| 396. | Duty of minister to take measures for the preservation of essential services |
| 397. | Services declared to be essential services |
| 398. | Minimum service in some sectors |
| 399. | Power of minister to make regulations |
DIVISION 3
DISPUTE RESOLUTION BY LABOUR DEPARTMENT
| 400. | Department of labour |
| 401. | Officers of the department of labour and appointment |
| 402. | Responsibilities of the labour commissioner |
| 403. | Power of labour commissioner to institute proceedings |
| 404. | Proceedings instituted by labour commissioner upon complaint |
| 405. | Labour commissioner to hold informal inquiries |
| 406. | Power of the labour commissioner to summon witnesses |
| 407. | Powers of labour officers |
| 408. | Immunity of labour officers |
| 409. | Duty of confidentiality |
| 410. | Individual complaints |
| 411. | Individual disputes |
| 412. | Procedure for individual disputes by labour commissioner |
| 413. | Evidence and arguments |
| 414. | Witnesses and documents |
| 415. | Time limit for determination |
| 416. | Time limit for a review |
| 417. | Decision of labour commissioner to be final and binding |
| 418. | Impartiality of labour commissioner |
| 419. | Powers of labour commissioner to recommend remedies |
| 420. | Recommended remedy |
| 421. | Refusal to abide by decision |
| 422. | Obstruction of labour commissioner's hearing |
| 423. | Interpretation of decisions |
DIVISION 4
THE LABOUR TRIBUNAL
| 424. | Establishment of labour tribunal |
| 425. | Composition of tribunal |
| 426. | Sittings of tribunal |
| 427. | Remuneration of members |
| 428. | Appointment of officers and committees |
| 429. | Tribunal to regulate its own procedure |
| 430. | Vacancies in the tribunal |
| 431. | Powers of tribunal |
| 432. | Power of the tribunal to hear matters ex parte |
| 433. | Orders declaring rights and imposing duties |
| 434. | Orders or awards of the tribunal for trade disputes |
| 435. | Order may be retroactive |
| 436. | Binding effect of orders on relevant persons |
| 437. | Tribunal may sit in private |
| 438. | Appearance of counsel and presentation of evidence |
| 439. | Attendance of public or media |
| 440. | Appointment of experts |
| 441. | Failure to attend |
| 442. | Awards |
| 443. | Award binding and not to conflict with this act |
| 444. | Interpretation of decisions of the tribunal |
| 445. | Publication of award |
| 446. | Majority vote |
| 447. | Decision to be in writing |
| 448. | Decision not to be questioned |
| 449. | Order of court |
| 450. | Decision to be filed in court |
| 451. | Regulations |
PART 9
MISCELLANEOUS
| 452. | General offences against administration |
| 453. | Obstructing, assaulting or threatening labour officers |
| 454. | Penalty for disobedience of summons |
| 455. | Complaint to court after internal remedies exhausted |
| 456. | Time limits for proceedings and prosecutions |
| 457. | Power of court to order contravention to be remedied |
| 458. | Offences by corporate bodies |
| 459. | Proceeding in tort and criminal proceedings |
| 460. | Service and sending of documents |
| 461. | General power of the minister to make regulations |
| 462. | Repeal |
| 463. | Savings |
| 464. | Power to amend schedules |
| 465. | General penalty |
| 466. | Ticketable offences |
| Schedule 1 | |
| Schedule 2 | Period of employment minimum entitlement in respect of each 12 months period |
| Schedule 3 | Notice of accident causing disablement where disablement has ceased |
| Schedule 4 | Notice of occupational disease |
| Schedule 5 | Regulations to be made under section 251 |
| Schedule 6 | Fees |
| Schedule 7 | Constitution of trade union or employers' organization |
| Schedule 8 | Services specified to be essential services |
| Schedule 9 | Article 6 of international labour organization chemicals convention |
| Schedule 10 | Yachts |
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AN ACT to consolidate and reform legislation applicable to labour and industrial relations in Saint Lucia taking into account existing local standards and international labour law standards and to provide for related matters.
Commencement [1 August 2012]