1 No. ] Labour Code [ 2006. - Government of Saint Lucia

SAINT LUCIA

P RELIMINARY

In this Code —

Chief Medical Officer” means the person appointed by the Public Service Commission as Chief Medical Officer; National Insurance Council” means the National Insurance Council established under section 5 of the National Insurance Corporation Act;

Any provision in any agreement or established custom that seeks to exclude or in any way limit the operation of any provision of

(1) Subject to subsection (2) and except where otherwise expressly excluded, this Code applies to all employees, including domestic workers, domestic workers and people employed at all workplaces. Any provision in any agreement or established usage which seeks to exclude or limit in any way the operation of any provision of.

Where there is a conflict between any provision of this Code and any provision in any enactment not specifically repealed by this

For the purposes of this section, "forced labour" has the same meaning as assigned to it in section 4 of the Constitution of Saint Lucia, Cap. (1) Subject to the provisions of the Constitution of Saint Lucia, Cap. 1.01 Freedom of association and the right to collective bargaining are fundamental rights guaranteed by this Code, and a person may not interfere with the exercise of these rights. a) dismiss or threaten to dismiss an employee;.

A person who alleges a contravention of this Part may make a complaint directly to the Tribunal

Contracts of Employment

Unless otherwise provided, this Division shall apply to all persons engaged under contracts of employment
In this Division “written contract” means a contract of employment made between an employee and his or her employer in
Where, pursuant to sections 13 and 14, a written contract has been prepared —
Any person who, in a written contract or in any document prepared for the purposes of contracting for employment, includes
Upon agreement between an employer and an employee a contract of employment may be amended in writing
This Division shall not apply to an employee who is employed for a specified period of less than six weeks or for a specific task to be
Any contract of employment of an employee other than an employee employed for a specified period of time or a specific task,

An employment contract can be amended in writing by agreement between employer and employee. (1) Subject to paragraph (2), a family member of the employer, when he or she is engaged in the business of an undertaking, shall not be treated as an employee engaged under a contract of employment in accordance with the provisions of this article. Distribution, unless there is a written agreement between that family member and the employer.

DIVISION 2 Continuity of Employment

Where an employee is engaged in an occupation in which it is customary to employ persons only at certain seasons of the year and
Where a business or part of it is sold, leased, transferred or otherwise disposed of, the periods of employment with the successive

Every employment contract of an employee, other than an employee employed for a specific period or a specific task, an employee employed for a specific period or a specific task, who has been employed continuously for twelve weeks or more, has effect as if it were an employment contract for an indefinite period, and accordingly the provisions of this Code apply to that contract. Where a business or part thereof is sold, leased, transferred or otherwise disposed of, the periods of employment with successive employers shall be deemed to constitute a single period of continuous employment with the former. and successor employer if the employment has not been terminated and no severance payment has been paid under this Code.

Hours of Work

For the purposes of this Division “day off” means a day on which an employee would not ordinarily be scheduled to work
An employee who is paid on a daily basis and who works on the working day before, and the working day after a public holiday, or
Where an employee who ordinarily performs night work elects to discontinue the performance of such night work, his or her
The Minister may, after consultation with representative trade union and employers’ organizations, make Regulations for the purpose

(1) The employer and the employee in the employment contract may agree that the employee will work in separate shifts of twelve hours. (1) Work for hours in excess of an ordinary working day or, where applicable, forty hours in a working week in accordance with section 29(2) shall be deemed to be overtime and the employer shall not require or authorize an employee to work overtime otherwise. that on the basis of an agreement concluded between the employer and the employee.

Wages

Subject to section 40, all wages due to an employee under his or her contract of employment shall be paid to him or her in legal
An employer shall not include in any contract of employment between himself or herself and an employee a condition, restriction
Except where the employee directs otherwise, wages shall be paid directly to the employee to whom they are due or to a person
Where an employer has paid an employee wages in a manner contrary to the provisions of this Division, the employee shall, even if
All wages due to an employee on termination of his or her contract of employment shall be paid to him or her immediately or no
An employer shall not make any deduction by way of discount, interest or any similar charge on account of any advance of wages
Save with the prior approval of the Labour Commissioner, an employer shall not make any deduction or make any agreement
Deductions in the form of direct or indirect payments for the purpose of obtaining or retaining employment, shall not be made from
An employer may deduct from the wages of the employee—
During the period of a contract of employment, an employee who receives an advance of wages shall not by reason only of the
Nothing in this Division shall be held to apply to any body or person working under an agreement of cooperation
An employer shall not pay wages to any employee within any place that sells liquor except where the employer is the resident owner
Any employer or his or her agent who —

The employer may deduct from the employee's wages—. a) the actual or estimated costs of any materials, tools and accessories supplied by the employer to the employee, to be owned by the employee and used by the employee in his profession; or b) any money lent by the employer to the employee. (1) Upon payment of the salary, the employer must hand over the payslip to the employee, which contains the following written information regarding the salary period to which the salary relates: a) the name of the employee and his or her occupation;.

Minimum Wages

Members of the Commission shall be paid such remuneration as may be authorized by the Minister
The Commission shall be assigned such staff as it requires to perform its functions under this Division
The Commission shall advise and make recommendations to the Minister on all matters relating to —
Where in the opinion of the Minister or a registered organization representing employees or employers, it is necessary to
Where a matter is referred to the Commission pursuant to section 76, the Commission shall, by notice in the Gazette, and submitted
Any person objecting to the making of a Minimum Wage Order shall submit his or her objection to the Minister, stating —
In considering a proposed minimum wage or other terms and conditions of employment, the Commission shall have regard to —
An employer to whom a Minimum Wage Order applies shall keep and maintain such records in respect of that employee as may be
This Division binds the Crown

Members of the Commission are paid such remuneration as the Minister may authorize. as the Minister may authorize. 1. The minister can fully or partially accept the commission's recommendation or advice or reject the recommendation.

Sick Leave and Benefits

Subject to sections 91 and 92, after not less than six months continuous service, an employee shall be eligible for paid leave at the
Where a period of sick leave exceeds two days, the employee shall produce a medical certificate certifying the illness or injury and
Where there is an issue relating to —

PCS. 1. During the first two days of holiday in any period of sick leave for which the employee is entitled to holiday with pay, the employer must pay the employee the total salary after normal salary. In determining a period of incapacity for work, any period separated by not more than eight weeks shall be treated as one continuous period of incapacity commencing on the first day of such period.

Vacation Leave

For the purposes of this Division —

Any notice of termination of employment given by the employer to an employee during vacation leave is void and of no effect. The period of vacation leave granted to an employee does not include any period -. a) medical leave to which he or she is entitled under the terms of his employment contract or otherwise;.

Public Contracts

(1) A subcontractor will be obliged to comply with the conditions of the main contract and the main contractor is responsible for compliance with all contractual conditions on the part of the subcontractor. A contractor is not entitled to payment of any money that would otherwise be payable in terms of the terms of the public contract in respect of the work performed in the execution of the public contract. unless and until he or she has submitted to the other party to the public contract, together with his or her claim for payment, a document stating. a) whether any wages or other compensation in respect of said work and labor remains in arrears;. 121.— (1) Any contractor or subcontractor who fails to comply with any of the provisions of this Section shall cease to be an approved contractor or subcontractor for such period as the Labor Commissioner may determine. 2) The Minister may issue regulations prescribing the procedure for approval of contractors and subcontractors.

The Minister, with the advice of the Labor Commissioner and the Medical Board, may issue regulations -. a) prohibit or set conditions for the employment of children and young people who are no longer subject to compulsory schooling according to any act;.

Termination of Employment

Where an employer dismisses an employee because that employee has breached a fundamental term of the employment contract, this shall not be construed as unfair dismissal. When an employee is terminated for misconduct or unsatisfactory performance or breach of contract pursuant to this Division, he or she is entitled to back pay and leave accrued up to and including the date of termination. (1) The employer may terminate the employment of the employee because there are conditions of dismissal which make the position of the employee redundant under subsection (2).

(1) Upon termination of an employment contract, an employer must, if so requested by the employee, provide the employee with a certificate of termination indicating -. a) the name and address of the employer;.

Termination Benefits

(1) If an employment contract is terminated due to the death of an employee, severance pay is paid. (1) Any employer or person in charge of a workplace, employee or trade union who is aggrieved by an order of the Chief Occupational Safety and Health Officer may appeal to the Tribunal within seven days of the order being made. (1) Unless otherwise required under the Regulations or by order of an authorized officer, a health and safety representative shall inspect the physical conditions of the workplace at least once a month.

In exercising the power conferred under subsection (5), the Labor Commissioner shall consider —. a) the nature of the work being done;. (1) A copy of the most recent version of the inventory and of a chemical safety data sheet in respect of hazardous chemicals in a workplace must —. a) made available by the employer in the workplace in such a way that it is accessible and to enable investigation by the employees;. The Minister may make regulations for any of the purposes listed in the Fifth Schedule.

DIVISION 1 Discrimination

(1) Any person who is an employer or any person who acts or purports to act on behalf of a person who is an employer in relation to the recruitment, selection or employment of another person for the purpose of training, apprenticeship or employment, may not discriminate against that other person on the grounds referred to in Article 267(2) —. a) in the job advertisement; For the purposes of this section: a true professional. (a) the essential nature of the job requires a particular gender, ethnicity, race, non-disability, for physiological reasons excluding physical strength or endurance; An employer shall not deny a female employee maternity leave or rights, or any protection afforded under this Division, on the basis that she is not married to the father of the child carried during pregnancy or relevant to the period to which she is entitled. maternity or maternity benefits.

Where higher maternity benefits including maternity pay than those granted under this Section exist in an establishment, whether by agreement or custom, the employer shall not refuse female employees, whether existing or future, such benefits as a result of the coming into force of this Code not.

Recruiting

(1) A person shall not exercise the functions of a labor broker unless he or she holds a labor broker's license issued, subject to subsection (5), by the Labor Commissioner and complies with and complies with the labor broker's license law. An application for a labor broker's license or for the renewal of a labor broker's license shall be in the prescribed form and accompanied by such information as the Commissioner of Labor may require and the prescribed fee. The Labor Commissioner may revoke or suspend the license of a labor broker if the Labor Commissioner is satisfied that the person holding the license —. a) has violated a condition of the employment agency's permit;

The labor commissioner or a labor officer may at any time require a person performing the functions of an employment agency or recruitment assistant to produce his employment agency certificate.

Work Permits

(1) The request for the granting of the work permit shall be submitted to the minister in the prescribed form and shall be accompanied by the prescribed fee and other information that he will require or as may be determined by the minister. (1) Each work permit is held by the person to whom it was issued, who at any time presents the permit to the authorized person. person or police officer on request, or within three days after the request at such police station as may be specified by the person first named at the time of the request. The Minister may, after giving the work permit holder not less than thirty days written notice, vary or cancel a work permit.

The Minister may, by decision published in the Government Gazette, declare that any person or class of persons shall be exempted, either unconditionally or under such conditions as he or she may prescribe, from all or part of the provisions of this section.

Rights to Association

Anyone who is entitled to membership in a trade union or employer's organization has the right to membership according to the statute. (1) A trade union and employer organization to which this section applies shall be registered in accordance with this section. (1) A trade union or employer organization may change its constitution according to a procedure determined by itself.

(1) The Registrar may suspend, cancel or withdraw the registration of any trade union or employers' organization —. a) when he does not submit an annual statement in accordance with this Division;.