Labour Code 2006

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1 Labour Code

SAINT LUCIA ______

No.

of 2006

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

1. Short title and commencement 2. Interpretation 3. Application 4. Non-contracting clause 5. Conflict between this Code and any other enactment

PART II 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 III 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

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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 advances and excess in payment of wages 51. Deductions of payment in respect of fines restricted 52. Deductions for obtaining employment prohibited

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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. Invitations for comments and objections 78. Objection 79. Recommendation or advise 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

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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 vacation 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

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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 wages 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

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