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THE EMPLOYMENT ACT 2001
KEY POINTS
Standard Hours of Work
* The Act became effective January 1st 2002.
* The legal work week shall be reduced to 44 hours from February 1st 2002
and;
* 40 hours from February 1st 2003.
* The Act regulates the employment relationship between your
employer
and you.
Non-Discrimination and Equal Pay
· The Act prohibits discrimination towards employees on the basis of: race,
sex, creed, marital status,, political opinion., age or HIV/AIDS.
· The Act guarantees equal pay for equal work performed by an employee.
· The Act prohibits discrimination against the physically challenged
employee.
It's our business to keep you informed.
Bahamas Department of Labour
Publication
2002
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THE EMPLOYMENT ACT 2001
KEY POINTS
Sick and Vacation Leave
Employees are now entitled to one-week sick leave during a
calendar (1) year with pay.
You are entitled to one-week vacation with pay, after six (6)
months of continuous employment.
After one year of continuous employment, you are entitled to
two (2) weeks vacation with pay.
After seven (7) years or more of continuous employment, you
are entitled to three (3) weeks vacation with pay.
Your vacation pay should be paid to you at least one (1) day
before you start your vacation.
Should your employment be terminated before ninety days (3
months), of continuous work you are not entitled to any benefit
from your employer.
It's our business to keep you informed.
Bahamas Department of Labour
Publication.
2002
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THE EMPLOYMENT ACT 2001
Key Points
MATERNITY AND FAMILY LEAVE
Every female employee is entitled to twelve (12wks) weeks paid maternity
leave once every three years.
You become eligible for maternity leave after twelve (12) months of continuous
employment with your employer
Your employer is obligated to pay thirty-three and one-third (33 1/3 %) percent
of your basic wage if you are eligible for paid leave.
The National Insurance Board is obligated to pay sixty-six and two third (66 2/3
%) percent of your basic wage.
An employer cannot terminate your employment because you are pregnant.
All ranks and seniority are maintained upon return after maternity leave.
Should a mother die while on maternity leave and have given birth to a live
baby, her spouse can apply to his employer for the remaining leave.
The spouse leave is without pay but he is entitled to the remaining National
Insurance Benefits.
An employee who has been employed for at least six (6) months is entitled to
one (1) week unpaid leave per annum.
Certification to confirm the reason for this leave must be given to your
employer.
Any employer who contravenes or fails to comply will be liable to a fine of five
thousand ($5,000) dollars.
It's our business to keep you informed.
Bahamas Department of Labour
Publication 2002
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THE EMPLOYMENT ACT 2001
KEY POINTS
REDUNDANCY PAYMENTS
An Employee shall be deemed to be dismissed because of redundancy if:
(a)
His or her employer has ceased, or intends to cease, to
carry on business for which you were employed or;
(b) That particular kind of work has ceased or diminished or is expected to cease or diminish.
Redundancy payment will be paid by reckoning backwards the number of
complete years of employment and allowing:
(a) An employee who has been employed for twelve (12) months or more:
· Two weeks notice or two weeks basic pay in lieu of notice
· Two weeks basic pay for each year up to twenty-four weeks.
(b) An employee who holds a supervisory or managerial
position the following:
· One month's notice pay and one month's basic pay for each
year up to forty-eight weeks.
· Redundancy pay shall be made on or before the date of the
employee's redundancy;
· Redundancy payment is a preferred debt in cases involving
bankruptcy or liquidation.
It's our business to keep you informed,
Bahamas Department of Labour
Publication
2002
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THE EMPLOYMENT ACT 2001
Key Points
Termination of Employment with Notice
1. The minimum period of notice required from an employer to
terminate an employee's contract is:
a)
Employed: Six months but less than one year one week's notice or one
week's pay in lieu of notice;
b)
Employed twelve months or more:
· Two weeks notice or two weeks pay in lieu of notice;
· Two weeks pay for each completed year up to twenty-four
(24 wks) weeks.
c)
For supervisory or managerial employee
· One month notice or one month pay in lieu of notice;
· One month basic pay for each completed year up to forty eight (48 wks) weeks
2. An employee shall not terminate his or her employment until after the
expiry of:
·
Two weeks notice to the employer if employment was more
than one (1) year but less than two (2) years; or
· Four weeks notice to the employer where employment is two
(2) years or more.
3. The employer has the right to deduct any monies owed to him by the
employee from monies payable to the employee.
4. An employer may give notice to an employee either:
* Orally or in writing; likewise
5. An employee may give notice to an employer either:
· By employee (him or herself)
· A person authorized by the employee;
· Orally or in writing
It's our business to keep you informed.
Bahamas Department of Labour
Publication 2002
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THE EMPLOYMENT ACT 2001
Key Points
Summary Dismissal
1. An employer may summarily dismiss an employee
without pay or notice
when the employee has committed a fundamental breach of his contract of
employment or has acted in a manner inconsistent to the fundamental
interests of the employer:
Where an employee is summarily dismissed he or she is only entitled to receive monies earned up to that date.
2. Misconduct which constitute a fundamental breach of a contract of
employment shall include:
· Theft
· Fraudulent offences;
· Dishonesty;
· Gross insubordination or insolence;
. Gross indecency;
. Breach of confidentiality;
. Gross negligence;
. Incompetence;
. Gross misconduct
3. The employer must prove for the purposes of any proceedings before the
Industrial Tribunal that he or she honestly and reasonably believed that the
employee had committed the misconduct.
It's is our business to keep you informed
Bahamas Department of Labour
Publication
2002
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THE EMPLOYMENT ACT 2001
Key Points
Unfair Dismissal
1. Every employee has the right-not-to be-unfairly dismissed by his or her
employer.
2. The dismissal of an employee by an employer is deemed to be unfair where
the employee's
rights have been breached by the employer:
Example:
·
An employee who have has joined an independent trade union or
proposed to be a member;
· Had taken part or proposed to take part in the activities of an independent
trade union;
· Had refused or proposed to refuse to become or remain a member;
The complainant was taking part in a lawful industrial action;
Was selected for dismissal in contravention of a customary
arrangement or agreed procedure and no special reasons justifying a departure from that arrangement;
Is pregnant or any other reason connected with her pregnancy.
3. Remedies for unfair dismissal.
Tribunal may order reinstatement or re-engagement; Tribunal shall make an award of
compensation for unfair dismissal should the employer fail to reinstate or re-engage
the employee as ordered by the Tribunal.
4. Calculation of basic awards.
From the date of termination reckoning backwards the number of
completed years, allowing, three (3) weeks pay for each year of employment.
5. Compensatory awards.
·
The amount of compensation shall not exceed eighteen (18) months pay;
· Supervisory or managerial employees shall not exceed twenty-four (24)
months pay.
It's our business to keep you informed.
Bahamas Department of Labour Publication 2002
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THE EMPLOYMENT ACT 2001
Key Points
Employment of Children and Young Persons
1. A child is anyone under the age of fourteen (14) years old.
2. A child shall not be employed in any undertaking except as expressly
provide in the First Schedule.
FIRST SCHEDULE
3. For a period of five (5) years from the coming into operation of this
Act, a child may be employed in the following undertakings:
· Grocery packers
· Gift wrappers
· Peanut vendors
* Newspaper vendors
4. No child or young person shall be employed in any work to be
performed during school
hours.
It's our business to keep you informed.
Bahamas Department of Labour
Publication
2002
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THE EMPLOYMENT ACT 2001
Key Points
Employment of Children and Young
Persons.
SECOND SCHEDULE
1. It is unlawful to employ a child in night work.
2. A young person may only be employed in night work in accordance with
the Second Schedule.
3. A young person may be employed in the following areas:
· Hotels
· Food stores
· General merchandise stores
· Gas, stations
Conditions in respect of young persons.
A young person may work outside school hours under the following
conditions:
· In a school day, for not more than three (3) hours.
· In a school week, for not more than twenty-four (24) hours.
· In
a
non-school day, for not more than eight (8) hours.
· In a non-school week, for not more than forty (40) hours.
It's our business to keep you informed.
Bahamas Department of Labour
Publication 2002
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THE EMPLOYMENT ACT 2001
Key Points
Employment of Children and Young Persons
PENALTY
Penalty for breach of law is one thousand ($1,000) dollars.
· Any parent or guardian of a child or young person who
consented to the committal of the offence is also liable to a fine of one
thousand ($1,000) dollars.
· If an employer or his agent takes a child or young person into
employment contrary to any part of the provisions, the employer shall be liable
to a fine of one thousand ($1,000) dollars.
· Where a child or young person is taken into employment
because of a false or forged certificate or on the false representation. by the
parent or guardian that the child or young person is of an age at which
employment is not in contravention of the law; that parent or guardian shall be
liable to a fine of one thousand five hundred ($1,500) dollars.
It is unlawful to employ young persons under the age of sixteen (16)
years upon any ship other than a ship:
(a) Where only members of the same family are employed; or
(b) Within the waters of The Bahamas.
It's our business to keep you informed.
Bahamas Department of Labour
Publication 2002.
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THE EMPLOYMENT ACT 2001
Key Points
WAGES
1. Wages must be paid in the currency of the Commonwealth of The Bahamas for any
work within the Bahamas.
2. Where an employer pays the employee by cheque, draft or money order and it is
dishonored or unpaid, a sum of money equal to fifteen (15%) percent of the amount
specified in such draft, cheque or money order are recoverable before the magistrate of
the district/island where the employee resides.
3. Every employer shall keep a register of wage payments and accounts in respect of
each employee for a period of three (3) years.
4. Payment of wages shall be made on working days only and shall be made by
cash, cheque or by deposit in the employee's bank account.
5. Except in the case of an employee who is ordinarily employed therein, wages shall
not be paid to any employee on any premises licensed for the sale of intoxicating Liquor
License Act or in any shop or store.
RESTRICTIONS
1. An employer may make deductions from wages payable to an employee in
accordance with the terms of any agreement made with the employee.
2. The total amount of such deductions made in any one period shall not exceed
one fifth (1/5) of the amount of wages payable to that employee.
3. This shall not affect any arrangements for deductions entered into before the
commencement of this section.
PENALTY
Any employer or his agent who contravenes any of the provisions of this part is liable to a
fine of five hundred ($500) dollars for the first offence and one thousand
($1,000)
dollars for a second or subsequent offence.
It's our business to keep you informed.
Bahamas Department of Labour
Publication 2002
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MINIMUM WAGE ACT 2001
Key Points
THE ACT
The provision of this ACT shall apply in relation to any employee employed in
Any form of employment in The Bahamas.
The Act
does not apply to industrial agreements existing on the date this ACT
came into force on January 21st, 2002.
Shall not apply to children and young persons.
WAGES
Includes every form of remuneration (pay) for work performed,
but does no
include tips., bonuses or other gratuities.
THE MINIMUM WAGE IS FIXED AS:
· If you are employed by the week, the MINIMUM wage shall be one hundred
and fifty dollars ($150.00) per week.
· If you are employed by the day, thirty dollars per day ($30.00).
· If you are employed by the hour, four dollars per hour ($4.00/hr).
This only applies where the employee was earning less than the
minimum wage on or before January, 21, 2002.
It's our business to keep you informed.
Bahamas Department of Labour
Publication
2002.
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MINIMUM WAGE ACT 2001
Key Points
ENFORCEMENT OF MINIMUM WAGE
A contract of employment made before or after January 21st, 2002, MUST
PAY the statutory MINIMUM WAGE.
The Penalty for an employer not paying the MINIMUM WAGE is
FIVE THOUSAND DOLLARS.
It is illegal for an employer to receive either directly or indirectly any
payment or premium from an apprentice employee.
LABOUR INSPECTORS WILL be appointed to ensure compliance with this
ACT, THE EMPLOYMENT ACT, or Regulations.
The employer is required to keep records of wages and related payments
for three years (3yrs).
An Inspector will be furnished with a photo identification and a
WARRANT
signed by the Minister of Labour.
An Inspector is not authorized to enter a private dwelling house for
inspection.
It's our business to keep you informed.
PUBLISHED BY THE DEPARTMENT OF LABOUR
2002.
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HEALTH AND
SAFETY AT WORK ACT, 2001
Key Points
PURPOSE:
*
Ensuring the health, safety and welfare of persons at work;
* Protecting persons other than persons at work against risks to health or
safety arising out of or in connection with the activities of persons at work;
* Controlling the keeping and use of explosive or highly flammable or otherwise dangerous substances, and
generally preventing the unlawful acquisition, possession and use of such substances.
2.
DUTIES OF EMPLOYERS TO EMPLOYEES
* -Every employer shall ensure, so far as is reasonably practicable, the health,
safety and welfare at work of
all his employees.
* Provide and maintain the workplace so far as is reasonably practicable, safe
and without risks to health;
* The employer shall ensure, so far as is reasonable practicably, safety and
absence of disks: to health in connection with the use, handling, storage and
transport of articles and substances;
* Shall provide information,. instruction, training and supervision as is
necessary to ensure the health and safety at work of his employees;
* It shall be the duty of every self-employed person to conduct his undertaking
in such a way as to ensure, that he and other persons who may be affected thereby
are not exposed to risks to their health or safety.
It's our business to keep you informed.
Published by The Department of Labour
2002
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HEALTH AND SAFETY AT WORK ACT, 2001
DUTIES OF EMPLOYEES AT WORK.
2.
Every employee while at work:
· Shall take reasonable care for the health and safety of himself and of
other persons who may be affected by his acts or omissions at work;
· Any duty or requirement imposed on your employer or any other
person, you are expected to co-operate so far as is necessary to enable that
duty or requirement to be performed or complied with.
It's, our business to keep you informed.
Published by The Department of Labour
2002
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HEALTH AND SAFETY AT WORK ACT, 2001
Key Points
1.
SUPERVISION AND COMPLIANCE:
The Minister will designate suitable qualified public officers as INSPECTORS to
ensure compliance with this ACT.
2.
A PROHIBITION NOTICE
e Where an Inspector is of the opinion that, the activities will involve a risk
of serious personal injury,, the inspector may serve on that person a prohibition
notice.
. The Inspector may direct that the activities to which the notice relates
shall not be carried on by or under the control of the person on whom the
noticed is served.
* A notice means an improvement notice or a prohibition notice.
* The notice may be withdrawn by an inspector at any time before the end
of the period specified.
. The period specified in the notice may be extended or further extended
by an inspector at any time when an appeal against the notice is not pending.
* A person on whom a notice is served may appeal to the Tribunal.
It's our business to keep you informed.
Published by The Department
of Labour
2002
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HEALTH AND SAFETY AT WORK ACT., 2001
CO-OPERATING AGENCIES
· A Customs Officer may assist an inspector in the exercise of his powers
or duties seize any imported article or imported substance and detain it for not
more than two working days.
· Working days does not include Saturdays, Sundays or public holidays.
· Any person found guilty of an offence shall be liable to a fine
of
FIVE THOUSAND DOLLARS.
It's our business to keep you informed
Published by the Department of
Labour
2002
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HEALTH AND SAFETY AT WORK ACT, 2001
Key Points
1. ADVISORY -COUNCIL.
· An Advisory Council for Health and Safety shall be appointed by the
Minister.
· The Council shall consist
of
a chairman and not less than ten other
persons of whom:
(a)
three shall be appointed after consultation with the employers
organizations;
(b)
three shall be appointed after consultation with the workers
organization;
(c) one shall be appointed by the Minister
of
Health;
(d) one shall be appointed by the Minister responsible for Building
Regulations;
(e) one shall be appointed by the Director of Fire Services; and
(f) An inspector designated by the Minister of Labour.
2. A member of the Council, other than the inspector, shall hold office for a
period not exceeding three years,, and shall be eligible for re-appointment.
It's our business to keep you informed.
Published by The Department of Labour
2002
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HEALTH AND SAFETY AT WORK ACT, 2001
REGULATIONS
Different regulations may be made for different places of
employment.
Regulations will be developed in consultation with the Advisory
Council.
At every place of employment where twenty
or more persons are
employed, the
Employer shall cause a committee to be established
to be known as a health
and safety committee.
All expenses incurred for the purposes of this Act shall be defrayed
out of
moneys provided by Parliament.
THIS ACT BINDS THE CROWN.
It's our business to keep you informed.
Published by The Department of Labour
2002
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