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Revised Laws of Saint Lucia (2023)

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PART 6
RECRUITMENT OF EMPLOYEES FOR OVERSEAS EMPLOYMENT AND WORK PERMIT

DIVISION 1
RECRUITING

PART 6 RECRUITMENT OF EMPLOYEES FOR OVERSEAS EMPLOYMENT AND WORK PERMIT

PART 1 PRELIMINARY

2. Interpretation

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

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

20. Family members

21. Assumption of a contract for an indefinite period

22. Existing contracts to continue in force

23. Duration of continuity of employment

24. Continuous employment for seasonal employees

25. Successor employer

26. Interpretation

27. Duration of working week

28. Weekly rest

29. Maximum ordinary work day

30. Split shifts and occasional shifts

31. Meal intervals

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

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

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

75. Power to summon

76. Minister to refer to commission

77. Invitation for comments and objections

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

85. Powers of inspection

86. Authorization for commission to obtain information

87. Recovery of wages

88. Offences in relation to this division

89. Application

91. Uncertified sick leave pay

92. Certified sick leave

93. Employer's obligation toward sick pay

94. Determination of medical matters

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

108. Complaints

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

116. Sub-contractors

117. Withholding payments

118. Information

119. Default in payments

120. Posting of conditions of work

121. Prohibition on non-compliant contractors

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

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

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

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

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

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

227. Overcrowding

228. Ventilation

229. Sanitary and washing facilities

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

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

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

254. Special rules for making complaints

255. Power of the department of labour to require returns

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

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

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

302. Direct complaint to the tribunal

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

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

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

335. Registration

336. Disqualification from office

337. Objection to registration

338. Existing registration

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

354. Provision for review

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”

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

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

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

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

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

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

464. Power to amend schedules

465. General penalty

466. Ticketable offences

ARTICLE 6 CLASSIFICATION SYSTEMS

SUBSIDIARY LEGISLATION

Labour (Work Permit) (Exemption) (Citizen of a Protocol Member State) Order – Section 322 (Statutory Instrument 83/2014)

2. Interpretation

Labour (Work Permit Fees) (Exemption) (Events Company of St. Lucia Inc.) Order – Section 322 (Statutory Instrument 128/2019)

Labour (Lay-off Period) (Extension) Order – Section 148(3A)(b) (Statutory Instrument 100/2020)

2. Extension of lay-off period