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Revised Laws of Saint Lucia
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LABOUR ACT
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251. Power of minister to make regulations
Revised Laws of Saint Lucia (2022)
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251. Power of minister to make regulations
The Minister may make Regulations for any of the purposes listed in Schedule 5.
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251. Power of minister to make regulations
1. Short title
2. Interpretation
3. Application
4. Non-contracting clause
5. Conflicts between this act and any other enactment
6. Prohibition against forced labour
7. General prohibition against discrimination
8. Protection of freedom of association
9. Direct complaint to the tribunal
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
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
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
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
90. Sick pay
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
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
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
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
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
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
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
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
236. Prohibition of certain chemicals and appeals against prohibition orders
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
252. Presumption of employment
253. Offences
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
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
301. Remedies
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
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
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
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
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
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Schedule 7
Schedule 8
Schedule 9
32. Overtime
31. Meal intervals
98. Existing rights to vacation saved
117. Withholding payments
142. Suspension with pay
148. Lay-offs and suspensions
160. Redundancy pay
237. Notice for new chemicals or biological agents
442. Awards
Schedule 10