{"kind":"expression","expression":{"expr_id":"427","doc_id":"427","label":"2021 Revision","is_as_enacted":"f","commenced_on":"2021-02-05","superseded_on":null,"valid_from":"2021-02-05","valid_to":null,"is_current":"t","incorporating":"[\"LAW 11\/2020 Labour (Amendment) Law, 2020 -LG30\/2020\/s2 - 28-Apr-2020\", \"LAW 35\/2020 Civil Partnership Law, 2020 - LG64\/2020\/s1 - 4-Sep-2020\", \"LAW 56\/2020 Citation of Acts of Parliament Act, 2020 - LG89\/2020\/s1 - 3-Dec-2020\"]","akn_expr_iri":"\/akn\/ky\/act\/1987\/30\/eng@2021-02-05","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1987\/30\", \"expression\": \"\/akn\/ky\/act\/1987\/30\/eng@2021-02-05\", \"manifestation\": \"\/akn\/ky\/act\/1987\/30\/eng@2021-02-05.pdf\"}, \"pdf\": {\"md5\": \"f989bdaaa8b0b0ee6c51d04d527ca226\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1987\/1987-0030\/1987-0030_2021 Revision.pdf\", \"pages\": 53, \"filename\": \"1987-0030_2021 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 17831, \"paragraph_count\": 88, \"text_char_count\": 114892}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"ENDNOTES Labour Act (2021 Revision) (2021 Revision) PART I - Introductory\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Labour Act (2021 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In this Act \u2014 \u201cAppeals Tribunal\u201d means the tribunal established under section 77; \u201cbasic wage\u201d means the ordinary wage due to an employee under that person\u2019s contract of employment; \u201ccasual employee\u201d means a person who is employed upon an irregular or intermittent basis; \u201ccharitable organisation\u201d means one accepted and registered as such by the Director; \u201cChief Officer\u201d means the chief officer in the Ministry responsible for labour or that person\u2019s designate; \u201cchild\u201d means a juvenile under the age of fourteen years; \u201ccomplaint\u201d means a formal complaint made to the Director under section 46 or 54; \u201cconditions of service\u201d or \u201cconditions of employment\u201d refers to the elements of hire and termination of employment, to the remuneration, hours of work, Labour Act (2021 Revision) duties and the surrounding terms of employment and to all other factors related to the employment arrangement; \u201ccontract of employment\u201d means any agreement, understanding or arrangement whatever, whether written or oral, express or implied, whereby it is agreed between an employee and an employer that the employee will be employed under a contract of service; \u201cCourt\u201d save where the context indicates otherwise, means the Summary Court; \u201cDirector\u201d means the Director of Labour appointed under section 71(1); \u201cemployee\u201d means any individual who enters into or works under or stands ready to enter into or work under a contract of employment with an employer whether the contract be oral or written, express or implied; and the term includes a person whose services have been interrupted by a suspension of work during a period of leave or temporary lay-off; \u201cemployees of managerial level\u201d include persons who plan, organise, control, co-ordinate or direct the business of an employer or a part of such business; \u201cemployees of professional level\u201d include persons who perform professional functions in the fields of physical and natural sciences, engineering, law, medicine, religion, education, literature, art, entertainment or sport; \u201cemployer\u201d means any person who has entered into or stands ready to enter into a contract of employment with an employee, and includes any agent, representative or manager of such person who is placed in authority over an employee; \u201cgratuity\u201d means any money or other thing of value collected or received from a customer or client of any business which is in excess of the basic contractual liability of that customer and is, or is purported to be, collected or received in respect of the quality of service afforded to that customer and, without prejudice to the generality of the foregoing, includes any sum whether calculated on the basis of a fixed percentage or otherwise, levied on the amount charged to the customer of any hotel, condominium, restaurant, licensed premises or other place of entertainment, and expressed to be in respect of service; \u201chousehold domestic\u201d means a person employed in a private home as a domestic worker or gardener; \u201cinspector\u201d means an inspector appointed under section 71; \u201cjuvenile\u201d means a person under the age of seventeen years; \u201cmaternity\u201d means childbirth; \u201cmental disability\u201d has the same meaning as in the Mental Health Act (2021 Revision); \u201cMinister\u201d means the Minister charged with responsibility for this Act under section 9 of the Constitution; Labour Act (2021 Revision) \u201cNational Minimum Basic Wage\u201d means the current basic wage prescribed by the Cabinet under section 20; \u201coperator of a workplace\u201d means each and every person responsible for operating, managing or supervising a workplace, and includes any person with actual, apparent or ratified authority to act on behalf of that person; \u201covertime pay\u201d has the meaning assigned to it by section 27; \u201cpart-time employee\u201d is an employee whose contract of employment requires that person to work less than the standard work week; \u201cpredecessor-employer\u201d in relation to the employment of an individual as it affects that person\u2019s right to severance pay, means a person by whom that individual was employed, and who subsequently transferred the business in which that person was employed by a new owner in circumstances that the employment of the employed individual is continued by the new owner of the business; \u201cprobation period\u201d means a period of employment governed by section 8; \u201cpublic holiday\u201d means a day declared to be a Public General Holiday under the Public Holidays Act (2007 Revision); \u201credundancy\u201d means a situation in which, by virtue of a lack of customers or of orders, retrenchment, the installation of labour-saving machinery, an employer\u2019s going out of business, force majeure or any other reason, tasks which a person was last employed to perform no longer exist; \u201cremedial notice\u201d means a notice under section 65; \u201cseverance pay\u201d has the meaning assigned to it by section 40; \u201csick leave\u201d means leave taken under section 17; \u201cstandard work week\u201d has the meaning assigned to it by section 24(1); \u201csuccessor-employer\u201d in relation to the employment of an individual as it affects that person\u2019s right to severance pay, means a person who takes over the business in which that individual is employed from a predecessor-employer of that individual and continues to employ that person in the same employment; \u201cwage\u201d means any money together with any other thing agreed to be paid or given by an employer to an employee as recompense, reward or remuneration for services rendered under a contract of employment but does not include tips or gratuities; and \u201cworkplace\u201d means any premises in which any employee is employed to work and, without prejudice to the generality of the foregoing, includes any shop, office, licensed premises or factory; but does not include, in respect of a household domestic employed there, a private home.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Application 3. This Act does not apply to \u2014 Labour Act (2021 Revision) (a) the public service: Provided that the Personnel Regulations (2019 Revision) from time to time applying to the public service shall not prescribe or permit conditions of service which are less favourable to the employee than those required by this Act; (b) charitable organisations; or (c) churches.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Establishment of conditions above minimum standards 4. Nothing in this Act shall be construed as prohibiting an employer from establishing conditions of service more advantageous to any employee than those minimum employment standards established by this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Conformity with this Act 5. (1) Subject to section 4, any employer who offers or provides employment under terms and conditions of employment which do not conform to this Act commits an offence. (2) Any provision in any contract of employment which contravenes this Act, or which establishes conditions of service which fall below the minimum employment standards established by this Act, shall be, to the extent of such contravention, void and of no effect.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Statement of working conditions 6. (1) Every employer who enters into a contract of employment with an employee other than a casual employee or a person employed as a household domestic shall, within ten working days of entering into such contract, furnish the employee with a written statement of that person\u2019s conditions of employment in accordance with subsection (2). (2) The written statement referred to in subsection (1) shall state \u2014 (a) the job title, a brief statement of the general responsibilities and duties of the employee and of any special requirements or conditions of the job; (b) the regular hours of work, together with any particular terms or conditions relating to the hours of work; (c) the rate of remuneration, or the method by which it may be calculated; (d) the intervals at which remuneration is to be paid; (e) in the case of employees whose pay is normally stated on some basis other than hourly, the hourly equivalent save that in the case of persons remunerated wholly or in part by commission the rate of commission should be stated; (f) the period of employment, if other than indefinite; (g) the period of probation, if any; Labour Act (2021 Revision) (h) the employee\u2019s holiday entitlement or the method by which it may be calculated; (i) the employee\u2019s entitlement to sick leave; and (j) the length of notice which the employee is obliged to give and is entitled to receive to terminate the contract of employment. (3) Whenever, subsequent to the giving of a statement under subsection (1) or (2), any material change is made in any of the terms of employment set out in the statement, the employer shall forthwith furnish the employee with an amended statement embodying the change. (4) An employer who fails to furnish a statement pursuant to subsections (1) to (3) within seven days of being requested in writing by the employee to whom it relates to do so commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Re-employment within thirty days of termination 7. Any person who is re-employed by the same employer or, where the severance pay required under this Act has not been paid to the employee, by the successor-employer, within thirty days of the termination of that person\u2019s employment, shall not be regarded as a new employee, but that person\u2019s employment shall be regarded as continuous with that person\u2019s earlier period of employment for the purposes of the calculation of that person\u2019s period of probation and of any benefits under this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Probation period 8. (1) A new employee may, if mutually agreed in writing between themselves and that person\u2019s employer, be employed on probationary terms for an initial period not exceeding six months in duration. (2) At the end of the initial probationary period that period may be extended by mutual agreement for a term not exceeding a further six months, provided that such agreement shall be in writing and signed by both parties thereto. (3) During that person\u2019s probation period, an employee shall be given reasonable training in the duties of the position for which that person was hired, and shall be kept informed of that person\u2019s progress. (4) At any time during that person\u2019s probation period an employee\u2019s employment may be terminated but reasons for such termination shall be given to the employee. (5) Upon confirmation of employment after a probationary period all earned benefits under this Act shall be deemed to have accrued from the commencement of the probationary period. Labour Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Termination: fixed term contract 9. Where the contract of employment is for a fixed term it shall terminate automatically and without further notice on the expiration of that term unless previously extended by prior agreement, or unless the terms of the contract specify otherwise.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Termination by notice: employer\u2019s notice 10. (1) Subject to sections 9, 51, 52 and 53, an employer shall give advance notice in writing to the affected employee of an intention to terminate that person\u2019s employment \u2014 (a) with respect to an employee within that person\u2019s probation period, at least twenty-four hours notice; and (b) with respect to all other employees, notice at least equal to the interval of time between the employee\u2019s pay days: Provided that in no case need the period of notice exceed thirty days unless an employment contract calls for a longer notice period. (2) Having given due advance notice to terminate employment, an employer may terminate the employment prior to the effective date of termination under the notice, provided that that employer pay the employee a sum equivalent to that which that employer would have paid if the employee had worked throughout the period. (3) If the employer has not exercised the option provided in subsection (2), that employer may require the employee to render that employee\u2019s normal services until the effective date of termination under the notice, at the regular wage last being received by the employee. (4) An employer, having given due notice to terminate employment and not having exercised the option provided in subsection (2), shall be discharged forthwith of any obligation to pay the involved employee\u2019s regular wage upon the employee voluntarily quitting that person\u2019s employment prior to the effective date of termination under the notice. (5) The provisions of this section are subject to the provisions of Part VII.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Termination by notice: employee\u2019s notice 11. (1) Subject to section 9, an employee shall give notice to that person\u2019s employer of an intention to quit employment \u2014 (a) during that person\u2019s probation period, at least twenty-four hours advance notice; (b) when a period of notice is required by that person\u2019s contract of employment, that period; and (c) in all other cases, notice equal to the interval of time between that person\u2019s pay days or thirty days, whichever is the less. Labour Act (2021 Revision) (2) Any employee who fails to give sufficient advance notice under subsection (1) may, at the employer\u2019s option \u2014 (a) be dismissed prior to the date that that person intended voluntarily to quit by the number of hours or days by which the employee\u2019s notice fell short of the required period of advance notice; and (b) forfeit all vacation leave accrued during the current employment year.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Statement upon termination 12. (1) Where an employer has, subsequent to the expiration of an employee\u2019s probation period, terminated the employee\u2019s employment the employer shall, upon a request being made by the employee at any time within fourteen days after the termination of that person\u2019s employment, furnish within fourteen days to the said employee a written statement of the reason for the action, and if the employee so requests send a copy thereof to the Director. (2) In all cases of termination of a contract of employment the employer shall, upon a request made by the employee concerned at any time within one year of the expiry of the period specified in the notice, furnish within fourteen days of such request a certificate specifying the dates of that person\u2019s engagement and termination and the type of work on which that person was employed. (3) An employer who furnishes a statement or certificate under subsection (1) or (2) shall be conclusively bound by the contents thereof in any proceeding under this Act concerning the fairness of the dismissal or the employer\u2019s liability for severance pay. (4) An employer who fails to furnish either a statement or certificate under subsection (1) or (2) shall be prohibited from introducing evidence as to any facts which might have been recited in the said statement or certificate in any proceedings under this Act concerning the fairness of the dismissal or the employer\u2019s liability for severance pay. (5) An employer who fails to furnish either a statement or certificate under subsection (1) or (2) commits an offence. (6) For the avoidance of doubt, the duty to furnish a statement or certificate pursuant to subsection (1) or (2) is discharged on the first occasion an employer furnishes such a statement or certificate. PART II - Leave\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Application of leave provisions 13. This Part applies to every employee who is not a casual employee and who has completed that person\u2019s probation period or any lawful extension thereof. Labour Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Vacation leave 14. (1) Subject to section 15, every employee to whom this Part applies shall be entitled to, and that person\u2019s employer shall give that person, earned vacation leave with pay of the number of working days that is necessary if taken in an unbroken period to give that person at least the period of earned leave in each twelve month period of employment which is specified in respect of each such period in subsection (3): Provided that the entitlement to earned vacation leave under this subsection shall only arise when the employee has completed the twelve month period of employment to which it relates. (2) The proviso to subsection (1) shall not apply where the employer and employee have agreed in writing that the entitlement of earned vacation leave shall accrue proportionately to the employee at the end of each month during each twelve month period of employment. (3) The minimum entitlement of earned leave referred to in subsection (1) is \u2014 Period of employment Minimum annual entitlement to earned leave in respect of each twelve month period of employment Not exceeding 4 completed years 2 weeks Exceeding 4 but not exceeding 10 completed years 3 weeks Exceeding 10 completed years 4 weeks The minimum annual entitlement of earned leave shall be in such proportions and at such time as the employer and employee shall agree. (4) The Cabinet may, by regulations, prescribe that employers in such industries or businesses as may be specified in the regulations, being industries or businesses which have seasonal employment requirements, shall \u2014 (a) proportion leave in accordance with the time worked by their employees during each year; and (b) require their employees to take their leave during such periods in each year as may be specified in the regulations as being the agreed leave periods for the employer\u2019s industry or business. (5) Earned vacation leave shall be above and beyond and shall not include any public holiday leave as provided for by section 16, any sick leave as provided for by section 17 or any daily or weekly non-work periods as provided for by section 23. (6) The dates for the taking of earned vacation leave shall be fixed by agreement between employer and employee. Labour Act (2021 Revision) (7) By mutual agreement the employer may advance vacation leave not yet earned. (8) The earned vacation leave specified in subsection (1) is not a cumulative entitlement and shall be taken annually in an unbroken time period, unless the employer and employee agree otherwise. (9) An employer shall not compel an employee to forego the taking of earned vacation leave even though that person pays or offers to pay in lieu thereof and in addition to the employee\u2019s normal wage, the wage the employee would have received had that person taken the leave. (10) Any person whose employment is terminated for any reason shall, subject to paragraph (a) of section 11(2), thereupon receive, in respect of every day of earned vacation leave due that person at the time of such termination, a cash sum equal to the remuneration for each such day. Once an employee has completed that person\u2019s probationary period, payment of such a sum in respect of earned vacation leave shall be granted on a pro-rata basis if or when that person\u2019s employment is terminated notwithstanding that that person has not completed the twelve month period to which it relates. Where such remuneration would normally include any thing other than money then the amount due on termination shall include the cash equivalent of such thing, calculated in accordance with paragraph (c) of section 28(1). (11) The rate of pay for each day of earned vacation leave shall not be less than the basic daily wage of the employee concerned at the commencement of the vacation leave. (12) Every employee to whom this Part applies shall, in addition to any entitlement to earned vacation leave, be entitled (during each twelve month period of employment) to a maximum of five days compassionate leave on the occurrence of a death or serious illness in the employee\u2019s immediate family provided reasonable evidence of such serious illness or death is provided to the employer; and for the purposes of this entitlement the employee\u2019s immediate family means the spouse, civil partner, parents and children of the employee. (13) In subsection (12) \u2014 \u201cserious illness\u201d includes any period of a person\u2019s admittance to hospital as inpatient, recuperation from such hospitalisation or any period of overseas travel related to such hospitalisation or recuperation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Part-time employees 15. Part-time employees shall earn vacation leave in the ratio that their actual hours of employment bear to the standard work week. Labour Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Public holiday pay 16. (1) If an employee does not work on a public holiday that person shall be paid the basic wage that person would normally have received for work performed on that day had it not been a public holiday, provided that person has worked that person\u2019s scheduled work day immediately before and that person\u2019s scheduled work day immediately after the said public holiday. (2) Subject to subsection (3), if an employee does work on a public holiday that person shall be paid at double that person\u2019s normal rate of pay for the hours actually worked that day, and where that person works less than the full day that person shall, in addition, be paid at the normal rate for any hours by which the time actually worked falls short of that person\u2019s normal working day. (3) For the avoidance of doubt the provisions of subsections (1) and (2) are not cumulative so that where an employee does work on a public holiday it is not necessary to add that person\u2019s entitlement under subsection (2) to the basic wage referred to in subsection (1). (4) An employee may, by mutual agreement between themselves and that person\u2019s employer, take time off in lieu of a public holiday in which case that person shall not be paid double pay for working on any such holiday. (5) In the case of employees at professional or managerial level and above, the parties to a contract of employment may agree that subsections (1) and (2) shall not apply, in which case the employee shall not be paid double pay for working on a public holiday. (6) Notwithstanding section 13, an employee serving a probationary period under section 8 is entitled to payment for public holidays.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Sick leave 17. (1) Subject to this section, each employee is entitled to sick leave on workdays, or parts thereof, during which that person is ill or otherwise physically incapacitated for work. (2) Sick leave shall be taken only in connection with actual illness or other physical incapacitation for work, evidence of which, in the form of a doctor\u2019s certificate or other satisfactory means, shall be furnished by the involved employee at any time upon request of the employer made under subsection (5) and in any event in respect of the third and any subsequent consecutive days of such leave. (3) A doctor\u2019s certificate furnished by an employee which provides evidence that the employee was ill or otherwise physically incapacitated from working for that person\u2019s employer on a particular day shall be satisfactory evidence of that illness or incapacity for the purpose of the entitlement of the employee to sick leave pay under this Part. Labour Act (2021 Revision) (4) Subsection (3) shall not require an employer to accept a doctor\u2019s certificate as evidence of an employee\u2019s sickness or incapacity where there are reasonable grounds for the employer to suspect that the certificate has been procured in furtherance of, or as part of, a course of absenteeism. (5) An employer may require an employee to furnish that person with a medical certificate in respect of any purported sick leave, no matter how short, where the employer is of the opinion that it forms part of a pattern of absenteeism. (6) In the event that the employer considers that the extent of sick leave taken renders the employee unfit to continue in that person\u2019s employment and terminates the employment therefore, the fairness of the termination shall be determined under Part VII. (7) Every employee who is ill or otherwise physically incapacitated so as to justify that person\u2019s absence from work under subsection (1) shall notify that person\u2019s employer of that fact as soon as reasonably practicable.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Sick leave pay 18. For the first ten days of sick leave taken during any period of twelve consecutive months, calculated from the date of commencement of employment and any anniversary date thereof, an employee shall be paid the basic wage which that person would have received had that person worked on those days.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Maternity leave 19. (1) Every female employee shall be entitled to twelve calendar weeks\u2019 maternity leave in any twelve month period: Provided that if the employee has not completed twelve months of employment with her employer her maternity leave shall be calculated on a pro-rata basis for the time that she has worked. (2) An employee entitled to maternity leave under subsection (1) shall be entitled to receive and her employer shall pay \u2014 (a) in respect of any entitlement to maternity leave for a period not exceeding twenty working days, the basic wage that the employee would have received had she worked on those days; and (b) in respect of any period of entitlement to twenty working days maternity leave next following the first twenty days, one half of the amount of the basic wage she would have received had she worked on those days. (3) At any time during the period of maternity leave the employer may require, and the employee shall thereupon furnish, a doctor\u2019s certificate to demonstrate that the leave is being taken on account of maternity. (4) Subject to subsection (3), maternity leave may be taken in whatever proportions before and after actual childbirth that the employee wishes, provided that an Labour Act (2021 Revision) employee shall not work where a doctor certifies that it would, by reason of pregnancy, be deleterious to the health of the employee for her to work, and an employer may, at any time during pregnancy, require an employee to be examined by a doctor with a view to determining whether it would be deleterious to her health to continue work. (5) A female employee who adopts a child under three years of age shall be entitled to adoption leave of nine calendar weeks and to receive from her employer the basic wage that the employee would have received had she worked on the days of her entitlement to adoption leave for a period not exceeding fifteen working days of that entitlement. (6) Adoption leave may be granted to any female employee once in any thirty-six calendar month period. PART III - Remuneration and Hours of Work\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"National Minimum Basic Wage 20. (1) Subject to subsection (2), the Cabinet may, by Order, prescribe a National Minimum Basic Wage. (2) An Order under subsection (1) may only be made, varied, amended or revoked after consideration of recommendations made to the Minister by a Minimum Wage Advisory Committee established under section 21. (3) Any National Minimum Basic Wage prescribed under subsection (1) shall not apply to the payment of wages to juveniles required by any law to attend school.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Minimum Wage Advisory Committee 21. (1) The Cabinet may establish a Minimum Wage Advisory Committee to investigate and enquire into all matters related to the appropriate level of a National Minimum Basic Wage, and to make recommendations as to the minimum rates of wages which should be payable. (2) The Cabinet may make rules governing the procedure of any such Committee, but, subject to any such rules and to subsections (3) to (9), the Committee shall have power to regulate its own proceedings. (3) The Committee shall consist of not less than eight members who shall be appointed by the Cabinet, and who shall comprise equal numbers of employers and employees, together with such other representatives of such other interests as the Cabinet may see fit. (4) The Cabinet shall designate one member of the Committee as Chairperson thereof. (5) The quorum of the Committee shall be five members, including the Chairperson. Labour Act (2021 Revision) (6) All questions arising at any meeting of the Committee shall be determined by a majority of votes of all members, including the Chairperson, who are present, and subject to sub-section (5), no such determination of the Committee shall be invalid by reason of any vacancy or absence among the members. (7) The Committee may, at any time it deems it expedient to do so, call in the aid of one or more assessors, specially qualified in the opinion of the Committee in the matter under investigation. (8) The Committee shall have power to take evidence from witnesses, to require the production of relevant documents and to take evidence on oath. (9) The Committee shall make such interim reports of its investigations and recommendations as the Minister may from time to time require, and shall, as soon as possible after the conclusion of its investigations and deliberations, make a final report, including recommendations, to the Minister.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Penalty for not paying minimum wage 22. (1) Where a National Minimum Basic Wage has been fixed under section 20 it shall be an offence for an employer to employ or to pay any employee at a basic wage less than the minimum wage prescribed by the Order. (2) Subsection (1) shall not apply to the payment of wages to juveniles to whom section 20(3) applies. (3) Where an employer has been convicted of an offence under subsection (1) then, if notice of an intention so to do had been served upon that person with the summons or warrant, evidence may be given before sentence of any failure on the part of the employer to pay wages at the minimum rate to the employee concerned during the two years immediately preceding the date on which the information was laid and, on proof or admission of the failure, the Court upon sentencing the employer may order that person to pay to the employee, in addition to any fine or other penalty, such sum as in the opinion of the Court represents the difference between the amount which should have been paid during those years and that which was actually paid, plus interest at the rate of ten per cent per annum from the date any wage was due until it is paid. (4) An order made under subsection (3) may be enforced in the same manner as if it were a fine. (5) In calculating the wage paid to an employee for the purposes of the application of this section gratuities shall be disregarded.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Rest period 23. (1) Every employer shall permit each of that person\u2019s employees to enjoy, in every period of seven consecutive days, a period of rest comprising at least twentyfour consecutive hours. Labour Act (2021 Revision) (2) Every employer in a specified industry or business shall permit each of that person\u2019s hourly-paid employees during each period of work \u2014 (a) of three to five hours, a minimum of fifteen minutes break; (b) of more than five hours, a minimum of two breaks of fifteen minutes each; and (c) of more than five hours, and in addition to any entitlement to breaks under paragraph (a) or (b), a meal break of thirty minutes, the employee to be paid for the period of each fifteen minute break (but not for the period of any meal break) the wage the employee would, but for the break, have otherwise been entitled to receive. (3) For the purposes of subsection (2) the specified industries and businesses are \u2014 (a) construction; (b) manufacturing; (c) heavy equipment operators; (d) hospitality; and (e) gardening or landscaping. (4) Any employer who does not comply with any requirement imposed on that person by subsection (1) or (2) commits an offence. (5) Any employee not entitled to the breaks specified in subsection (2) is nevertheless entitled to reasonable rest and meal breaks. (6) All rest and meal breaks required by subsection (2), and all other rest and meal breaks to which an employee is entitled under subsection (5), shall, having regard to all the circumstances of the employment concerned, be taken at such reasonable times as are agreed between the employer and the employee.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Standard work week 24. (1) The standard work week shall not exceed forty-five hours in any period of one hundred and sixty-eight hours and the standard work day shall not exceed nine hours. (2) The Cabinet may, by Order, revise this standard for any industry or enterprise specified in the Order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Occasions for overtime pay 25. (1) An employer shall pay overtime pay to an employee for every hour of work in excess of the standard work week or a standard work day. (2) Notwithstanding subsection (1), the parties to a contract of employment may provide, either generally by an agreement in writing or specifically in relation to any period of less than one week by an oral agreement, that the employee Labour Act (2021 Revision) shall work more than the hours provided for by the standard work week and shall receive time-off equivalent to the extra hours in lieu of overtime pay. (3) Notwithstanding subsection (1), in the case of employees at professional or managerial level and above, the parties to a contract of employment may agree that no overtime should be paid, in which case the obligation to pay overtime to that employee in accordance with subsection (1) shall not apply. (4) Any employer who contravenes subsection (1) commits an offence. (5) In addition to any fine imposed for an offence under subsection (4) the Court may, before or upon sentencing the employer, order that person to pay to the employee any overtime pay due for any period in respect of which an offence was committed. (6) Any sum ordered to be paid under subsection (5) may be enforced as a fine.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Overtime pay not necessary if parties agree to the contrary 26. Non-managerial employees may agree with an employer that no overtime will be paid for the extra hours worked by such employee provided that such agreement shall be requested by the employee and entered into voluntarily by that person. Any such agreement shall be approved by and registered with a Labour Tribunal and shall not take effect until and unless this section is complied with. A Labour Tribunal shall, before approving and registering such agreement, satisfy itself that the agreement was requested by the employee and voluntarily entered into and it may require such evidence as it deems necessary to so satisfy itself.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Overtime pay 27. (1) Overtime pay shall, unless the employer and the employee agree in writing to the contrary, consist of at least one-and-one half times an employee\u2019s basic hourly wage per hour. (2) Any agreement entered into under this section is subject to section 26 being complied with.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Form of wages 28. (1) The remuneration payable under a contract of employment may be paid in money or in kind, which expression means payment by the provision of food, a dwelling place or such other allowances and privileges as may be agreed in the contract of employment: Provided that \u2014 (a) at least fifty per cent of the total remuneration shall be paid in money; (b) no payment in kind shall include any noxious drugs or intoxicating liquor; and Labour Act (2021 Revision) (c) any payment in kind must be fairly evaluated on the basis of its cost to the employer. (2) The money wages of an employee shall be paid in legal tender, provided however that the payment of wages by cheque, by direct deposit or by postal order shall be permitted if it is with the express consent of the employee, which consent may be withdrawn on one calendar month\u2019s notice, provided that such consent may not be unreasonably withheld or withdrawn.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Deductions 29. (1) An employer shall not make any deductions from the wages payable to an employee under any contract of employment except in accordance with subsections (2) to (4). (2) Without prejudice to subsection (1) and notwithstanding paragraph (e) of subsection (3), an employer shall not make any deduction from the wages payable to an employee or require or receive any payment from an employee, or allow any other person to deduct, or require or receive any payment from an employee, in respect of \u2014 (a) the cost of anything done or required to be done by the employer under this Act or any regulations made hereunder; (b) obtaining or retaining employment with the employer; (c) any fine imposed by the employer; (d) bad or negligent work, other than a shortfall in cash collected by an employee on behalf of an employer or in a cash float provided to the employee by the employer; or (e) any injury to the materials or property of the employer, save when the injury is occasioned by the wilful misconduct of the employee. (3) There may be deducted \u2014 (a) any deduction imposed by any law; (b) any money advanced by the employer (whether paid to the employee themselves or to some other person at that person\u2019s request) in anticipation of the regular payment of the employee\u2019s wages, provided the amount deducted accords with the agreement made between employer and employee at the time of the advance, and provided that no interest, discount or similar charge may be imposed on such advance; (c) the actual or reasonable estimated cost to the employer of any materials, tools and implements which, although not obliged to provide, the employer has supplied to the workman at the latter\u2019s request; (d) any payment into any welfare, insurance or other similar fund which an employee has authorised to be deducted; Labour Act (2021 Revision) (e) subject to subsections (2) and (4), any sum of money the deduction of which an employee has expressly authorised in writing; and (f) any wages deducted by virtue of the suspension of an employee where the employee has been given a written warning under section 52(2) or 53(1) and the employee has been guilty of further misconduct or has continued to perform that person\u2019s duties unsatisfactorily. (4) The total which may be deducted in any period shall not exceed one-third of the gross money wage of the employee for that pay period, provided that this shall not apply to interest on and repayments of negotiated loans nor to the recovery of money advanced as contemplated in paragraph (b) of subsection (3) provided that the deduction accords with the agreement made at the time of the advance.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Periods and time of wage payments 30. (1) Wages shall be paid on a regular periodic basis, and no period in respect of which wages earned by an employee are payable shall exceed one month. (2) The payment of wages shall be made on ordinary working days only and within ordinary working hours.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Offences and employee\u2019s rights in respect of wages 31. (1) Any employer who \u2014 (a) enters into any agreement or contract or gives any remuneration for employment contrary to section 28, 29 or 30; (b) makes any deduction from the wages of any employee or receives any payment from any employee contrary to the said sections; or (c) otherwise contravenes the said sections, commits an offence. (2) In addition to the offence under subsection (1), an employee shall be entitled to recover by action in the appropriate Court so much of that person\u2019s wages, exclusive of sums lawfully deducted, as shall not have been actually paid to that person together with interest thereon at the rate of ten per cent per annum.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Work accounts 32. (1) Every employer who employs ten or more persons shall keep an accurate work account in respect of each employee, which shall record that person\u2019s time worked (by pay periods), that person\u2019s leave taken (by type), and the basic and other wages paid to that person for each pay period. (2) In the case of an employee paid on a piece-work basis the work account shall show the work done instead of the time worked. (3) An employer to whom subsection (1) applies shall preserve each work account, with respect to each entry therein, for at least two years. Labour Act (2021 Revision) (4) Upon demand by any employee, an employer required to maintain a work account under sub-section (1) in respect of that employee shall make it available to that person for inspection. (5) Any employer who contravenes this section commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Statement of wages 33. (1) An employer shall, in respect of any given wage or gratuity payment, within one week of the making of the payment, furnish that employee forthwith with a precise statement in writing showing how the said payment was made up. (2) Without prejudice to the generality of subsection (1), whenever an employer makes any deduction from an employee\u2019s wages, a statement furnished under subsection (1) shall include the amount deducted and the nature of the deduction. (3) Any employer who fails to furnish a statement under subsection (1) commits an offence. PART IV - Gratuities\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Definitions in this Part 34. In this Part \u2014 \u201cservice employee\u201d means an employee of a service employer who is within a class or description of employees prescribed by regulations made for the purpose of section 36(1) and who works in the Islands; and \u201cservice employer\u201d means an employer carrying on the business of a hotel, condominium, restaurant, licensed premises or other place of entertainment where the employer collects or receives gratuities in respect of services provided by the business.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Minimum gratuity may be prescribed 35. (1) The Cabinet may, by regulations, prescribe the minimum rate of gratuity that is to be shown or included in accounts rendered to customers of hotels, condominiums, restaurants, licensed premises or other places of entertainment: Provided that the Cabinet may, in writing, upon application of a specific business, exempt any specific business from the regulations made under subsection (1) where the employer does not collect or receive gratuities in respect of services provided by a business mentioned in this subsection. (2) Different minimum rates of gratuity may be prescribed for different types of businesses or different activities within a type of business. Labour Act (2021 Revision) (3) A person carrying on a business or an activity of a business in respect of which a minimum rate of gratuity has been prescribed in accordance with subsection (1) shall show or include in all accounts rendered to customers of the business a gratuity at a rate not less than that prescribed. (4) A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine of ten thousand dollars. (5) The prescription of a minimum rate of gratuity in respect of a business or an activity carried on by a business, or the inclusion of a gratuity in an account rendered by a business does not imply a contractual obligation on the part of a customer of that business to pay any gratuity shown or included in an account rendered on behalf of the business. (6) Notwithstanding subsection (3), it is not an offence under that subsection for a business to state that a gratuity shown or included in an account rendered on behalf of the business is shown or included at the minimum rate recommended by the Government and that payment of the gratuity is discretionary.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Classes of employees entitled to gratuities may be prescribed 36. (1) The Cabinet may, by regulations, prescribe classes of employees who are entitled to be included in the distribution of gratuities by a service employer. (2) Classes of employees may be prescribed for the purpose of subsection (1) by \u2014 (a) the description of their position; (b) the type of work they undertake; (c) the level of their remuneration; or (d) the terms of their employment, or by any combination of these matters.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"All gratuities to be distributed 37. (1) A service employer shall distribute all gratuities collected or received by that person amongst that person\u2019s service employees twice monthly on the day that service employees\u2019 wages or salaries are paid \u2014 (a) in accordance with a scheme approved by and registered with the Director; or (b) where no such scheme is registered, in accordance with a formula prescribed by the Cabinet by regulations. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of twenty-five thousand dollars and to imprisonment for twelve months, and the service employer shall be required to distribute the gratuity in respect of which that person was convicted amongst that person\u2019s service employees within such period as the court may order. Labour Act (2021 Revision) (3) A service employee is entitled to participate in the distribution of all gratuities collected or received by that person\u2019s employer in respect of the premises at which the employee is employed for services provided after the date the employee became a service employee at those premises. (4) A person who ceases to be a service employee is entitled to participate in the distribution of all gratuities collected or received by that person\u2019s employer or former employer in respect of the premises at which the employee was employed for services provided before the date the person ceased to be a service employee at those premises.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Service employer to keep records 38. (1) A service employer shall keep a record of \u2014 (a) the total amount of gratuities collected or received by that person in each month that person provides services to customers; (b) each account rendered to a customer of the employer showing \u2014 (i) the service provided; (ii) the amount charged for the service; (iii) the amount of gratuity shown or included; and (iv) the date on which, or the period during which, the service was provided; (c) the amount received or collected by the employer in respect of each account rendered by the employer showing \u2014 (i) the amount received by the employer in respect of the service; (ii) any amount collected or received by way of gratuity; and (iii) the date on which the amount referred to in subparagraph (ii) was collected or received; (d) any gratuities collected or received by the employer otherwise than as referred to in paragraph (c)(ii); (e) the name of each service employee of the employer who carried out any duties for the employer during any period when the employer was providing services to customers; and (f) each distribution of gratuities made to service employees showing \u2014 (i) the period in respect of which the distribution was made; (ii) the date of the distribution; and (iii) the amount paid to each service employee, and a person who fails to do so commits an offence and is liable on conviction to a fine of twenty-five thousand dollars and to imprisonment for twelve months. Labour Act (2021 Revision) (2) For the purpose of paragraph (c)(ii) of subsection (1), any amount paid under paragraph (c)(i) of subsection (1) that exceeds the amount charged under paragraph (b)(ii) of subsection (1) is to be regarded as a gratuity. (3) Any service employer who keeps a record for the purpose of subsection (1) that that person knows or ought reasonably to know is false or misleading commits an offence and is liable on conviction to a fine of twenty-five thousand dollars and to imprisonment for twelve months. (4) Any service employer who fails to provide to the Director, in a format approved for the purpose by the Director and within six weeks of the end of a month, details of the gratuities received by the service employer during that month and the manner in which those gratuities were distributed, commits an offence and is liable on conviction to a fine of five thousand dollars and to imprisonment for six months. (5) Where a service employer provides details of gratuities to the Director in accordance with subsection (4) but fails \u2014 (a) at the same time, to make available on request a copy of the details to service employees referred to in the details; and (b) to make these details available for at least two weeks, commits an offence and is liable on conviction to a fine of five thousand dollars and to imprisonment for six months. (6) Any service employer who, when requested to do so by the Director, fails to \u2014 (a) produce to the Director for inspection the record kept by the employer for the purpose of subsection (1); and (b) provide to the Director a copy or print out of the information stored in the record, commits an offence and is liable on conviction to a fine of five thousand dollars and to imprisonment for six months. (7) Any person required to keep a record for the purpose of subsection (1) who fails to retain any record made for the purpose of that subsection for at least three years commits an offence and is liable on conviction to a fine of five thousand dollars and to imprisonment for six months. (8) In this section \u2014 \u201crecord\u201d means any means by which information may be stored and retrieved.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Notice of rate or amount of gratuity to be displayed 39. (1) Any service employer who fails to display, in a place where it may be easily seen by a customer of the employer, a notice stating the rate of gratuity applicable to services provided by the employer commits an offence and is liable on conviction to a fine of ten thousand dollars. Labour Act (2021 Revision) (2) It is sufficient compliance with subsection (1) if the rate of gratuity is shown on a menu or other document that would normally be read by customers of the employer. PART V - Severance Pay\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Right to severance pay generally 40. (1) Every employee whose term of continuous employment with an employer and any predecessor-employer has in aggregate exceeded one year is entitled to receive, in addition to any other payments which may be due to that employee, upon termination of that person\u2019s employment by that person\u2019s employer for any reason, other than a dismissal which is within paragraph (a), (b) or (c) of section 51(1), severance pay, being payment in money calculated in accordance with this Part. (2) In the case of the bankruptcy or winding up of an employer any liability for severance pay shall be paid in priority to all other debts, secured or unsecured, and shall be paid in full unless the property available is insufficient to meet them. (3) Severance pay shall be payable to an employee for the full period of that person\u2019s employment, including any period of employment prior to the 1st March, 1988, if that employment is terminated on or after the 1st March, 1988.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Computation of severance pay 41. (1) Severance pay shall consist of one week\u2019s wages, at the employee\u2019s latest basic wage, for each completed twelve month period of that person\u2019s employment with that person\u2019s employer and any predecessor-employer. (2) In the case of part-time employees their entitlement to severance pay shall be calculated on the basis of the ratio that their actual hours of employment bear to the standard work week.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Severance pay, when payable: temporary termination 42. (1) Subject to subsections (2), (3) and (4), simultaneously upon the termination of the employment of any employee entitled to severance pay, the employer shall pay to that employee severance pay calculated in accordance with this Part. (2) If the termination is stated to be temporary, no severance pay need be paid to the employee at the time of such temporary termination except \u2014 (a) where the date of recall, if one is given at the time of termination, is thirty days or more in the future, severance pay shall be payable on the date of termination; or Labour Act (2021 Revision) (b) if no date of recall is given at the time of termination, severance pay shall be payable thirty days from the termination if the employee shall not then have been recalled; in which case, interest at ten per cent per annum on the amount of severance pay due shall be payable for the interval between the original termination date and the date of actual payment. (3) Subsection (2) shall apply to employees in agriculture and construction with the words \u201csix months\u201d substituted for the words \u201cthirty days\u201d in both places where they occur in that subsection. (4) Where payment of severance pay has been made, with interest where due under paragraph (b) of subsection (2), and the employee is subsequently recalled to that person\u2019s former or substantially equivalent employment or is again hired by the same employer, that person shall be considered to be newly hired and that person\u2019s term of employment, for subsequent severance pay purposes, shall be considered to have commenced on the date of that person\u2019s recall or rehire.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Severance pay where employer\u2019s business transferred 43. Where an employee\u2019s employment is terminated upon the transfer in ownership of the business in which that person is employed \u2014 (a) where without any break in service the employee is offered the same employment by a successor-employer in that same business, or part of business, that person is not entitled to severance pay by reason of that termination; and (b) where that person accepts such employment with the successor-employer that person\u2019s tenure of employment, for subsequent severance pay purposes, shall date from that person\u2019s original hiring by the first of a series of predecessor-employers.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Liability of predecessor and successor-employers 44. (1) Where an employee accepts employment with a successor-employer under paragraph (b) of section 43 then, in the event of a subsequent termination of that employment by that successor-employer, the successor-employer shall be responsible for the payment of the employee\u2019s severance pay computed on the basis of that person\u2019s full tenure of employment by themselves and all predecessor-employers. (2) Where an employee\u2019s employment is temporarily terminated with a date of recall given that person less than six months in the future or with no date of recall given that person, and if within six months thereafter the employer transfers that person\u2019s business to another, then (using the standards set forth in section 42) if severance pay subsequently becomes due without the employee having been recalled, the transferring employer and the person to whom that person\u2019s business was transferred shall be jointly and severally liable for the payment of the severance pay plus interest. Labour Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Record of hiring dates 45. (1) Every employer shall maintain an accurate record of the hiring date of each of that person\u2019s employees, together with the dates of all temporary terminations and re-employments, and for the purposes of this section the said hiring date shall be that on which the employee was first hired, either by the employer or by a predecessor-employer. (2) Upon the request of any employee, the employer shall make that employee\u2019s record of hiring available to that person for inspection. (3) A person who fails to comply with subsection (1) or (2) commits an offence. (4) Where, on the 1st March, 1988, there was no present record of an employee\u2019s hiring by virtue of the fact that the requirement of subsection (1) was not in effect upon the relevant dates, the employer and the employee shall determine the hiring date by agreement, and in default of agreement the question of the employee\u2019s hiring dates shall be determined under section 46.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Determination of disputes 46. (1) Should any question arise as to the date of hiring or as to whether or in what amount severance pay is due to an employee, then the employee, or the employer, or their respective representatives, may seek a resolution of the question by filing a complaint as to severance pay in writing with the Director. (2) Should the question involve a group of employees under similar circumstances they may file a joint complaint. (3) Should there be filed at or about the same time a number of complaints raising the same or substantially similar issues, the Director may direct that they be consolidated into a single proceeding. PART VI - Retirement\/resignation Allowance\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Retirement\/resignation allowance 47. (1) An employee other than a person specified in paragraph (b) of section 25(2) of the National Pensions Act (2012 Revision) and who \u2014 (a) has worked with that person\u2019s employer for a period of one year or more; (b) voluntarily retires or resigns from such employment; and (c) is not entitled to a pension under the National Pensions Act (2012 Revision), shall be paid by the employer in addition to any other allowance or monies to which that person is otherwise entitled a retirement\/resignation allowance equal to one week\u2019s wages, at the employee\u2019s latest basic wage, for each completed twelve month period of that person\u2019s employment with that person\u2019s employer. Labour Act (2021 Revision) (2) In the case of a part time employee that person\u2019s entitlement to a retirement\/resignation allowance shall be calculated on the basis of the ratio that that person\u2019s actual hours of employment bear to the standard work week.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Determination of disputes-retirement\/resignation allowances 48. (1) Should any question arise as to the date of hiring or as to whether or in what amount the retirement\/resignation allowance is due to an employee, then the employee, the employer, or their respective representatives, may seek a resolution of the question by filing a complaint as to retirement\/resignation allowance in writing with the Director. (2) Should the question involve a group of employees under similar circumstances they may file a joint complaint. (3) Should there be filed at or about the same time a number of complaints raising the same or substantially similar issues, the Director may direct that they be consolidated into a single proceeding. PART VII - Unfair Dismissal\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Unfair dismissal: general 49. (1) This Part shall only apply to an employee who has \u2014 (a) completed that person\u2019s probation period; or (b) in the case of an employee not employed on probationary terms, completed three months of continuous employment with that person\u2019s employer. (2) Any termination by an employer of an employee\u2019s employment shall be fair if it is within section 50 or 51.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Termination after fixed term of employment 50. For the purposes of this Part, an employee is not unfairly dismissed if that person\u2019s employment is terminated at the expiration of a fixed term specified at the time of that person\u2019s employment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Dismissal for good cause 51. (1) Subject to subsections (2) and (3), a dismissal shall not be unfair if the reason assigned by the employer for it is \u2014 (a) misconduct of the employee within section 52(1); (b) that it is under section 52(3), namely misconduct following the receipt of a written warning; Labour Act (2021 Revision) (c) that it is under section 53(2), namely failure of the employee to perform that person\u2019s duties in a satisfactory manner following the receipt of a written warning; (d) that the employee was redundant; (e) that the employee could not continue to work in the position that person held without contravention (on that person\u2019s or on the employer\u2019s part) of a requirement of this or any other law; or (f) some other substantial reason of a kind which would entitle a reasonable employer to dismiss an employee holding the position which the employee held, and under the circumstances the employer acted reasonably. (2) Where the reason for the dismissal of an employee was that that person was redundant but it is shown that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking, who were employed to perform work of the kind that person was employed to do and who have not been dismissed by the employer, and \u2014 (a) that those other employees do not hold the same status as the redundant employee for the purposes of Parts III to V of the repealed Immigration Law (2015 Revision) (Caymanian status, permanent residence and work permits); and (b) that the redundant employee was selected for dismissal in contravention of a customary arrangement or agreed procedure relating to redundancy and there were no special reasons justifying a departure from that arrangement or procedure in that person\u2019s case, then, for the purposes of this Part, the dismissal shall be regarded as unfair. (3) The question whether an employer has acted reasonably for the purposes of this Part shall be determined in accordance with equity and the substantial merits of the case having regard to all the circumstances.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Termination for misconduct 52. (1) An employer may terminate forthwith the employment of an employee where the employee has been guilty of misconduct in or in relation to that person\u2019s employment so serious that the employer cannot reasonably be expected to take any course other than termination. Such misconduct includes, but is not limited to situations in which the employee has \u2014 (a) conducted themselves in such a manner as clearly to demonstrate that the employment relationship cannot reasonably be expected to continue; (b) committed a criminal offence in the course of employment without the consent, express or implied, of the employer; (c) behaved immorally in the course of that person\u2019s duties; or Labour Act (2021 Revision) (d) is under the influence of a controlled drug (other than one lawfully prescribed by a health practitioner) or alcohol during the hours of that person\u2019s employment. (2) Where an employee commits misconduct in or in relation to that person\u2019s employment that is not sufficiently serious to justify that person\u2019s employer terminating that person\u2019s employment under subsection (1) but is such that the employer cannot reasonably be expected to tolerate a repetition, the employer may give the employee a written warning which shall describe the misconduct in respect of which the warning is given and state the action the employer intends to take in the event of any further misconduct. (3) Where an employee has been given a written warning under subsection (2), if that person, within twelve months following the receipt of the written warning, commits misconduct of any kind in relation to that person\u2019s work, the employer may terminate the employment of the employee, or take such other action as may have been specified in the written warning, without further notice. (4) For the avoidance of doubt, misconduct includes, but is not limited to, absenteeism.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Termination for failure to perform duties in satisfactory manner 53. (1) Where an employee is no longer performing that person\u2019s duties in a satisfactory manner, the employer may give the employee a written warning which shall describe in what manner that person\u2019s performance is unsatisfactory and state the action the employer intends to take in the event of continuance. (2) Where an employee has been given a written warning under subsection (1), if that person does not, during the period of one month following the receipt of the written warning, commence performing that person\u2019s duties in a satisfactory manner, the employer may terminate that person\u2019s employment at the end of that one month period, or after the end of that period take such other action as may have been specified in the written warning without further notice.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Initiation of proceedings 54. (1) Should any questions arise as to whether an employee has been unfairly dismissed, the employee may seek a resolution of the question by filing a complaint of unfair dismissal with the Director. (2) A complaint under subsection (1) must be filed within ninety days of the date of dismissal. (3) Should the complaint involve a group of employees under similar circumstances they may file a joint complaint. (4) Should there be filed at or about the same time a number of complaints raising the same or substantially similar issues, the Director may direct that they be consolidated into a single proceeding. Labour Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Remedies for unfair dismissal 55. (1) Where, upon a complaint of unfair dismissal, a Labour Tribunal has determined that the dismissal was unfair it may order the payment by the employer to the person dismissed of a sum of money by way of compensation for unfair dismissal. (2) In making an award of compensation under subsection (1), a Labour Tribunal shall have regard to \u2014 (a) the length of the continuous employment of the person dismissed immediately preceding the dismissal; (b) the likelihood of the person dismissed finding other comparable employment; (c) the salary of the person dismissed immediately preceding the dismissal; (d) the period up to the likely retirement age of the person dismissed and any entitlement to a pension which that person may then have; (e) the degree of unfairness of the dismissal; and (f) such other matters as may be prescribed. (3) The amount of an award of compensation under subsection (1) shall not exceed one week\u2019s wages for each completed year of service. (4) In the case of any action before any court in respect of a dismissal for which an award has been made under subsection (1), the court shall, in making any award of damages, take into account and deduct from the award of damages any sum awarded by a Labour Tribunal under subsection (1). PART VIII - Health, Safety and Welfare at Work\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"General application 56. (1) Except as otherwise indicated, this Part applies to all workplaces. (2) The Cabinet may, by regulations, extend the application of this Part to such installations or operations as may not be within the definition of \u201cworkplace\u201d, but to which it appears reasonable to extend it. (3) Except where otherwise expressly provided, this Part shall be in addition to, and not in substitution for or diminution of, any other law and of the common law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Registration of work places 57. (1) A person who commences to operate a workplace shall, within one month of such commencement, file with the Director a written notice stating the particulars prescribed in subsection (3). Labour Act (2021 Revision) (2) Whenever there is a material change in any of the particulars appearing in any notice filed under subsection (1), the person operating the workplace shall, within one month of it taking place, file with the Director a written notice setting forth such change. (3) The particulars to be submitted by the operator of a workplace are \u2014 (a) the name of the operator of the workplace; (b) the address and location of the workplace; (c) a brief description of the work carried on in the workplace; (d) whether machines are used, and, if so, their nature; (e) the total number of persons employed in the workplace; and (f) where persons are employed in shifts, the maximum number employed at any one time.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"General duty of employers 58. Every employer shall ensure so far as is reasonably practicable the health, safety and welfare at work of that person\u2019s employees.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"Health 59. For the purpose of safeguarding the health of persons employed or performing any duty therein, the operator of every workplace shall \u2014 (a) keep it in a clean state; (b) keep it from becoming overcrowded; (c) maintain a reasonable temperature therein appropriate to the type of work being performed; (d) provide adequate ventilation therein; (e) provide adequate lighting therein; (f) provide, where appropriate, effective means for draining floors; and (g) provide suitable and sufficient sanitary conveniences.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Safety 60. For the purpose of ensuring the safety of persons employed or performing any duty therein, the operator of every workplace shall ensure that \u2014 (a) adequate measures are taken for the prevention of fire therein; (b) adequate means of escape are provided for persons employed therein; (c) machinery used therein is operated and maintained in such a manner as to be safe for all employees; and (d) any and all buildings comprised in the workplace and all parts thereof are of sound construction and properly maintained. Labour Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Welfare 61. For the purpose of contributing to the welfare of persons employed or performing any duty therein, the operator of every workplace shall ensure that \u2014 (a) there is an adequate supply of wholesome drinking water; (b) such facilities, as are reasonable under the circumstances, for employed persons to sit during the course of their employment, are provided and maintained; (c) readily accessible first aid equipment is provided and maintained; and (d) such other facilities (such as canteens, mess rooms and rest rooms) as are reasonable under the circumstances are provided and maintained.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Special protective measures 62. It shall be the responsibility of the operator of every workplace to ensure that \u2014 (a) no person shall be permitted to partake of food or drink in any room where any lead, arsenic or other poisonous substance is used; (b) suitable goggles or protective screens are provided to protect the eyes of any persons employed in a process involving a special risk of injury to the eyes; (c) where a work process involves a reasonable possibility of injury to other parts of an employee\u2019s body, suitable protective equipment is furnished; (d) where persons are employed in any process involving exposure to wet or to any injurious or offensive substance, suitable protective clothing and appliances are provided and maintained; and (e) where a process involves heat or steam, facilities adequate to protect workers therefrom are provided and maintained.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"Notification of accidents 63. The operator of every workplace shall forthwith notify the Director of any industrial accident not of a minor nature which occurs within the workplace or to any person in the employment of the operator and also of the occurrence of any occupational disease among any person or persons in that person\u2019s employment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Duties of persons employed 64. (1) Any person employed in a workplace shall make use of all means, appliances, conveniences or other things provided under this Act for the health, safety or welfare of employees, to the extent that that person\u2019s employment involves its use. (2) No employee shall wilfully interfere with, misuse or damage any such means, appliance, convenience or other things provided under this Act. Labour Act (2021 Revision) (3) No employee shall wilfully and without reasonable cause do anything likely to endanger themselves or others. (4) All employees shall follow any procedures in respect of any particular substances or materials prescribed in regulations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Remedial notices 65. (1) For the purposes of the enforcement of this Part, the Director may, where that Director is of the opinion that any steps are required to be taken by any person to ensure compliance with this Part or of any regulations made hereunder, serve upon that person a notice, hereafter referred to as a remedial notice. (2) A remedial notice shall state the requirement of this Part to which it relates, the steps to be taken and the time within which such steps must be taken. (3) Any person served with a remedial notice may appeal against the issue of such notice to the Appeals Tribunal under section 78. Subject to subsection (4), any such appeal shall operate as a stay of the requirements of the notice pending the determination of the appeal. Where the notice is upheld the Appeals Tribunal shall fix such further time for compliance with the notice as may seem to it appropriate. (4) Notwithstanding section 78(3), where the Director, after consultation with the Chief Environmental Health Officer, is of the opinion that there exists an imminent danger to the health or safety of employees that Director may state that opinion in the remedial notice, in which case the operation of such notice shall not be automatically stayed by reason of any appeal, but any person proposing to appeal against the issue of such notice may apply forthwith to the Grand Court for a stay of the effect of the notice pending the hearing of the appeal, and the Grand Court may grant such a stay upon such terms as may to it seem just, including the requirement that any works be carried out or that any appeal be brought with specified time limits. (5) Without prejudice to the generality of subsection (1), a remedial notice may require \u2014 (a) the cessation, immediate or otherwise, of any activity, operation or process; (b) the vacation, immediately or otherwise, of any premises; (c) the alteration of any premises or plant; or (d) the introduction of such temporary measures as may be expedient pending the institution or completion of permanent measures. (6) The Director shall not serve a remedial notice that requires the closure of a workplace unless that Director has first obtained the consent in writing of the Minister. Labour Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"Offences against this Part 66. (1) Any employer who contravenes the general duty imposed by section 58 commits an offence. (2) Any operator of a workplace who fails to discharge any obligation imposed upon that person by section 57, 58, 59, 60, 61, 62 or 63 commits an offence. (3) Any employee who contravenes section 64 commits an offence. (4) Any person served with a remedial notice who fails to comply with the requirements thereof within the time specified therein, or within such further period as the Appeals Tribunal may allow under section 65(3), commits an offence and is liable on summary conviction to a fine of one thousand dollars and to a further fine of one hundred dollars per day for each day on which noncompliance occurs after conviction. (5) Where an act or default for which an employer or the operator of a workplace is liable is in fact the act or default of some other person, that other person shall also be deemed to have committed an offence and is liable to the same penalty as if that person were the employer or operator.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"Responsibility for enforcement 67. The Director shall investigate complaints of violations of this Part and, on a regular basis, make routine checks of employers\u2019 compliance therewith.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"Time for commencement of prosecution 68. (1) Notwithstanding any other law to the contrary, where, with respect to and in consequence of any accident in a workplace, a report is made by an authority appointed to hold a formal investigation under any law, or a coroner\u2019s inquest is held, and it appears from the report or from the proceedings at the inquest that this Part or any regulations made hereunder were not complied with at or before the time of the accident, summary proceedings against any person liable to be proceeded against in respect of such non-compliance may be commenced at any time within six months after the making of the report or the conclusion of the inquest as the case may be. (2) A copy of every report with respect to and in consequence of any accident in a workplace which is made by an authority appointed to hold a formal investigation under any law, shall be sent by that authority to the Director.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_69\", \"num\": \"69.\", \"text\": \"Power of Grand Court to modify agreements and apportion expenses 69. In any premises the whole or any part of which has been let or is being used as a workplace \u2014 (a) where an agreement between the owner and the operator of the workplace prevents one or other from making alterations in the premises which are necessary to conform to any requirement or standard imposed by or under Labour Act (2021 Revision) this Part or any regulations made hereunder, the Grand Court, upon the application of either party in an action joining the other, may, after a hearing, issue an order setting aside or modifying the agreement to permit the making of the necessary alterations; and (b) where alterations in the premises are necessary to conform to any requirement or standard imposed by this Part or any regulations made hereunder, the Grand Court, upon the application of the owner or the operator of the workplace in an action joining the other, may, after a hearing, issue an order apportioning the expenses of any such alterations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_70\", \"num\": \"70.\", \"text\": \"Power to make regulations 70. The Cabinet may make regulations prescribing \u2014 (a) the standards to be achieved in respect of any of the obligations of this Part, or the methods required to attain them; (b) special conditions, safeguards or procedures to be applied to any particular substances or materials; (c) safety measures to be taken in respect of machinery, either generally or of any specified type, including but not limited to the fencing of such machinery or of any parts thereof; (d) safety measures to be taken in respect of any process, activity or operation of any type whatsoever; and (e) substances the use of which is prohibited. PART IX - Administration\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_71\", \"num\": \"71.\", \"text\": \"Appointment of Director, Deputy Director and inspectors 71. (1) There is established a Department of Human Resources, comprising the Director of Labour, the Deputy Director and such labour inspectors and other staff as may be necessary for the due administration and enforcement of this Act. (2) The Director, Deputy Director, labour inspectors and all other staff of the Department shall be employed by the Government and their appointment and terms and conditions of employment are subject to the Public Service Management Act (2018 Revision) and any regulations made thereunder and to the Personnel Regulations in force from time to time. (3) The expenses of establishing the Department of Human Resources and all expenses arising out of or incidental to the performance of its functions shall be borne out of the general revenue of the Islands. (4) In addition to any other functions conferred on the Chief Officer by or under this Act, the Chief Officer shall \u2014 Labour Act (2021 Revision) (a) provide such services as may be prescribed by regulations for the purposes of finding Caymanians employment with employers or supplying employers with Caymanians for employment by them; and (b) encourage appropriate training of Caymanians employed or intending to be employed in any employment by \u2014 (i) providing or facilitating the provision of courses for the training of Caymanians; (ii) providing information about courses and qualifications in relation to any employment; (iii) assisting Caymanians in finding facilities for being trained in any employment; and (iv) providing such other advice or assistance as may be prescribed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_72\", \"num\": \"72.\", \"text\": \"Responsibilities of Director 72. Whether or not a complaint has been filed the Director shall be charged with securing the proper observance of this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_73\", \"num\": \"73.\", \"text\": \"Powers of Director, Deputy Director and inspectors 73. (1) The Director, Deputy Director and any labour inspector shall, for the performance of their functions under this Act have power to \u2014 (a) enter any workplace without previous notice at any time during the working hours of that particular workplace; (b) carry out any examination, test or inquiry which that person may consider necessary to satisfy themselves that this Act is being observed; (c) question, alone or in the presence of witnesses, any employer or employee on any matters concerning the application of this Act; and (d) require the production of any records or documents required to be maintained by this Act and to copy or make abstracts of any such records or documents. (2) The Director, Deputy Director or any labour inspector may institute criminal proceedings for any offence under this Act, and may appear before the Summary Court to conduct the prosecution in respect of any such offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_74\", \"num\": \"74.\", \"text\": \"Labour Tribunals 74. (1) There are established Labour Tribunals for the purpose of hearing complaints from employers and employees. (2) The members of a Labour Tribunal shall be selected from a panel of persons appointed by the Cabinet. (3) The person or persons constituting a Labour Tribunal shall be appointed by the Cabinet and where the Labour Tribunal consists of more than one person, the Labour Act (2021 Revision) Cabinet shall designate which of them is to be chairperson and deputy chairperson. (4) Members of panels appointed under this section shall hold and vacate office under the terms of the instruments under which they are appointed, but may resign office by notice in writing to the Cabinet; and any such member who ceases to hold office shall be eligible for re-appointment. (5) A member of the panel who is a member of a Labour Tribunal when that person\u2019s membership of the panel ceases under the terms of the instrument appointing that person, shall remain a member of the Labour Tribunal until all of the complaints before the Labour Tribunal at that time have been dealt with by the Tribunal. (6) The Cabinet may, by regulations, provide for the constitution, procedure, staffing and expenses of the Labour Tribunals.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_75\", \"num\": \"75.\", \"text\": \"Procedure to be followed on a complaint to Director 75. (1) Upon receipt of a complaint the Director shall, within thirty days, notify the employer concerned, and shall give that person a copy of the complaint and of any documents filed in support thereof, and shall invite that person\u2019s written representations upon the complaint. (2) The Director shall consider the complaint and any representations upon the complaint made by the employer and make a report on the complaint to the Labour Tribunal. (3) A report of the Director to a Labour Tribunal may recommend \u2014 (a) that the complaint be dealt with by a hearing held by a Labour Tribunal; or (b) that assistance offered by or on behalf of the Director to the complainant and employer, by way of conciliation or by other means, should be pursued in lieu of or before any hearing of the complaint by a Labour Tribunal. (4) Within twenty-one days after receiving a report from the Director recommending that a Labour Tribunal hold a hearing of the complaint, a Labour Tribunal shall fix a date for the hearing of the complaint to be held within the second or third month next following its receipt of the report. (5) The date of the hearing shall be notified forthwith to the employee and to the employer, who shall both be invited to attend. (6) If any party fails to attend the hearing, a Labour Tribunal shall nevertheless hear any other party attending, and shall proceed to consider the case on the basis of the complaint, the hearing and any written representations made by the party failing to attend. (7) A Labour Tribunal shall give a reasoned decision in writing within twenty-eight days of the conclusion of the hearing. A copy of its decision shall be delivered to all parties invited to attend under subsection (6). Labour Act (2021 Revision) (8) The decision of a Labour Tribunal upon a complaint shall, subject to section 79, be final and binding between the parties.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_76\", \"num\": \"76.\", \"text\": \"Enforcement of award of Labour Tribunal 76. (1) Subject to section 78(3), any refusal to comply with any decision of a Labour Tribunal made under (severance pay), (retirement\/resignation allowance), section 55 (unfair dismissal) or any other decision of a Labour Tribunal mentioned in section 78 is an offence. (2) An award made by a Labour Tribunal under section 46 (severance pay) or section 55 (unfair dismissal) may be enforced in like manner to a judgment of the Grand Court for the payment of a sum of money.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_77\", \"num\": \"77.\", \"text\": \"Establishment of Appeals Tribunal 77. (1) There is established an Appeals Tribunal, whose quorum shall be three, consisting of a Chairperson and eight other members for the purpose of hearing appeals against decisions of a Labour Tribunal under section 78. (2) The members of the Appeals Tribunal are appointed by the Cabinet and hold office for one year, but may be re-appointed from time to time for such further one year periods as the Cabinet may consider appropriate. (3) The Cabinet may appoint two of the eight other members of the Appeals Tribunal to be Deputy Chairperson, either of whom is authorised to perform all the functions of the Chairperson in relation to the hearing of appeals. (4) The Cabinet may, by regulations, provide for the constitution, procedure, staffing and expenses of the Appeals Tribunal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_78\", \"num\": \"78.\", \"text\": \"Appeals from decision of Labour Tribunal 78. (1) Any person aggrieved by \u2014 (a) any decision of a Labour Tribunal upon a complaint where the award exceeds five hundred dollars; (b) the service of a remedial notice; (c) any decision of a Labour Tribunal that that person\u2019s dismissal was fair; (d) any refusal of a Labour Tribunal to register an overtime agreement; or (e) any decision of a Labour Tribunal that no award should be made, may, within fourteen days of notification of the decision or service of the notice, appeal to the Appeals Tribunal: Provided that an employee may appeal an award of less than five hundred dollars where that person claims that the award should have exceeded five hundred dollars. Labour Act (2021 Revision) (2) An appeal under subsection (1) is brought by giving notice in writing to the Chairperson of the Appeals Tribunal. (3) The giving of a notice of appeal pursuant to subsection (2) operates as a stay upon any award made by a Labour Tribunal. (4) The notice of appeal under subsection (2) shall also be served upon a Labour Tribunal and in the case of an appeal from a decision of a Labour Tribunal upon a complaint, upon all persons who were invited to appear before a Labour Tribunal under section 75(6). (5) Upon receipt of a notice the Chairperson of the Tribunal shall fix a date for the hearing of the appeal, being not less than one month nor more than three months from the date of that person\u2019s receipt of the notice of appeal, and shall give notice of that date forthwith to the appellant and to all parties who were entitled to receive the notice of appeal pursuant to subsection (4). (6) All persons entitled to receive the notice of appeal pursuant to subsection (4) shall be entitled to appear at and be heard upon the hearing of the appeal, or upon any adjourned hearing. (7) The Cabinet may prescribe the procedure to be followed at the hearing of an appeal under this section, but in default of such prescription the procedure shall be at the discretion of the Chairperson of the Tribunal. (8) Within twenty-eight days from the conclusion of the hearing of the appeal the Tribunal shall reach a decision upon the appeal and shall deliver a notification of that decision, together with written reasons therefor, to every party who appeared at the hearing of the appeal. (9) The decision of the Tribunal upon an appeal shall, subject to section 79, be final and binding upon all parties. (10) Decisions of a Labour Tribunal and of the Appeals Tribunal under this Act may be made public at the discretion of the respective body and neither any member of a Labour Tribunal or of the Appeals Tribunal shall be liable in any Civil Court for any act done or ordered to be done in good faith in the discharge of that person\u2019s functions under this Act, unless it is proved that that person acted maliciously and without reasonable cause.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_79\", \"num\": \"79.\", \"text\": \"Appeals to Grand Court 79. (1) An appeal may be made to the Grand Court from a decision of the Appeals Tribunal upon a point of law only. (2) Subject to subsection (1), no decision of a Labour Tribunal or the Appeals Tribunal shall be open to challenge or review in any Court of Law upon any grounds whatsoever. Labour Act (2021 Revision) (3) An appeal pursuant to subsection (1) shall not operate as a stay of any award, order or decision of a Labour Tribunal or the Appeals Tribunal, or of the effect of any notice, unless the Grand Court so orders. (4) An application for a stay shall be made by ex parte application. PART X - General Penalties and Miscellaneous\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_80\", \"num\": \"80.\", \"text\": \"Discrimination because of race, etc. 80. (1) No person (whether an employer or an employee) shall discriminate with respect to any person\u2019s hire, promotion, dismissal, tenure, wages, hours or other conditions of employment, by reason of race, colour, creed, sex, pregnancy or any reason connected with pregnancy, age, mental or physical disability (provided their ability to perform the job is not impaired), political belief or the exercise of any rights under this or any other Law. (2) Subsection (1) shall not be construed as prohibiting the taking of any personnel action genuinely related to an employee\u2019s ability to discharge the duties of the employment in question. (3) A person who contravenes subsection (1), commits an offence and is liable on summary conviction to a fine of five thousand dollars and to imprisonment for twelve months. 80A. Worst forms of child labour 80A. (1) A person shall not \u2014 (a) hold a child in slavery, servitude or debt bondage; (b) require a child to perform forced or compulsory labour; (c) subject a child to forced or compulsory recruitment for use in armed conflict; (d) use, procure or offer a child for prostitution, for the production of pornography or for pornographic performances; (e) use, procure or offer a child for production or trafficking of drugs or for activities which involve the unlawful carrying of, or use of, firearms or other weapons; or (f) subject to subsection (2), require a child to perform any other work prescribed which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of the child. (2) In determining the types of work under subsection (1)(f) for the purposes of making regulations in accordance with section 85(1), the Cabinet shall consult with organisations representing employers and organisations representing workers and shall have regard to \u2014 Labour Act (2021 Revision) (a) work which exposes children to physical or psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; and (d) work under particular difficult conditions such as work for long hours during the night or work where the child is confined to the premises of the employer. (3) Notwithstanding subsections (1)(f) and (2) and section 85, the Cabinet may make regulations to authorise the employment of, or work by, a child of age sixteen years or over where the health and morals of the child are fully protected and the child has received adequate specific instruction or vocational training relevant to the employment or work. (4) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of five years, or to both. (5) In this section \u2014 \u201cchild\u201d means a person under the age of eighteen years; \u201cdebt bondage\u201d means an arrangement whereby a person is forced to pay off a loan with direct labor in place of currency, over an agreed or indefinite period; \u201cfirearms\u201d means firearms as defined in the Firearms Act (2008 Revision); and \u201cservitude\u201d means the state of being a slave or completely subject to a person more powerful.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_81\", \"num\": \"81.\", \"text\": \"Penalties 81. (1) A person who commits an offence against this Act or any regulations made hereunder for which no other penalty is provided is liable on summary conviction for a first offence to a fine of two thousand five hundred dollars and to imprisonment for six months, and in the case of a second or subsequent offence to a fine of five thousand dollars and to imprisonment for twelve months. (2) Where this Act creates a continuing offence, then in addition to the penalty under subsection (1), a person who commits such an offence is liable to a further fine of one hundred dollars for every day or part of a day during which the offence has continued.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_82\", \"num\": \"82.\", \"text\": \"Specific offences 82. (1) A person who \u2014 Labour Act (2021 Revision) (a) wilfully makes a false entry in any register, notice, certificate or document required by, under or for the purposes of this Act or any regulations made hereunder to be kept, served or sent; (b) wilfully makes or signs a false declaration required by, under or for the purposes of this Act or any regulation or order hereunder; or (c) knowingly makes use of any such false entry or declaration as aforesaid, commits an offence and is liable on summary conviction to a fine of five thousand dollars and to imprisonment for twelve months. (2) A person who \u2014 (a) obstructs or delays the Director, Deputy Director or an inspector in the due exercise of any power conferred on that person by or under this Act; (b) refuses to answer or falsely answers, any inquiry authorised by or under this Act; (c) fails to produce any register, book, document or other record that person is required by or under this Act to produce; or (d) prevents, or attempts to prevent, any person from appearing before or being examined by the Director, Deputy Director or an inspector, commits an offence and is liable on summary conviction to a fine of two thousand five hundred dollars and to imprisonment for six months, and, in the case of a second or subsequent conviction within two years from the last conviction for a previous offence, to a fine of five thousand dollars and to imprisonment for twelve months.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_83\", \"num\": \"83.\", \"text\": \"Special provisions as to evidence 83. Where an entry in a register or record is required to be made by this Act, or any regulation made hereunder, by or on behalf of an employer or the operator of a workplace, any such entry shall be admissible against that person in any proceedings as evidence of the facts stated in it.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_84\", \"num\": \"84.\", \"text\": \"Service and sending of documents 84. (1) Any notice, complaint, decision or other document required or authorised to be served under this Act may be served on any person by sending it by prepaid registered post to that person\u2019s last known address, or \u2014 (a) on any individual by handing it to that person, or by leaving it at that person\u2019s residence; (b) on any firm by handing it to any partner thereof, or by leaving it at the principal place of business of such firm; (c) on any limited company by handing it to an officer of the company, or by leaving it at its registered office; and Labour Act (2021 Revision) (d) on the operator of a workplace (even though it be a limited company) in any such manner as aforesaid. (2) Any such document intended to be served upon the operator of the workplace may be addressed to \u201cthe operator\u201d at the proper address of the workplace without further name or description. (3) Subsections (1) and (2) shall apply (with the necessary modifications) to the sending of any documents required or authorised to be sent under this Act. (4)  Notwithstanding subsections (1), (2) and (3), any document, information, particulars or other record required to be served, sent, delivered or submitted to a person under this Act may be sent to that person \u2014 (a) by electronic means to the e-mail address provided by that person; and (b) in the form of an electronic record. (5)  The Electronic Transactions Act (2003 Revision) shall apply in respect of an electronic record sent under subsection (4)(b). (6)  In this section \u2014 \u201celectronic\u201d has the meaning assigned to it by section 2 of the Electronic Transactions Act (2003 Revision); and \u201celectronic record\u201d has the meaning assigned to it by section 2 of the Electronic Transactions Act (2003 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_85\", \"num\": \"85.\", \"text\": \"General regulation making powers 85. (1) The Cabinet may make regulations for carrying this Act into effect, for prescribing all matters or things which are required or permitted to be prescribed under this Act and, without prejudice to the generality of the foregoing, for \u2014 (a) prescribing the form of any notice, application, complaint or other document required by this Act; and (b) varying any time periods established or required by this Act. (2) Any regulations made under this Act may create offences, the maximum penalty for which shall not exceed that set by section 81.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_86\", \"num\": \"86.\", \"text\": \"Directions 86. The Cabinet may give to any officer or statutory authority carrying out a function under this Act directions as to the execution of such function; and where any such directions are given, that officer or authority shall comply with the directions. Labour Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_87\", \"num\": \"87.\", \"text\": \"Cabinet\u2019s power to grant extension or exemption 87. (1) If at any time there has been an earthquake, or there has been or there is an immediate threat of a hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity, whether similar to the aforementioned or not, the Cabinet may, by Order published in the Gazette or any other official means of Government communication \u2014 (a)  grant an extension of the period for compliance with, or an exemption from, any provision of this Act or regulations made under this Act; (b)  give the Director the power to issue temporary certificates relating to the extension or exemption; and (c)  impose conditions and establish procedures for the grant of the extension or exemption. (2)  An Order made under subsection (1) may \u2014 (a)  make different provisions in relation to different cases or circumstances; (b)  apply in respect of particular persons or particular cases or particular classes of persons or particular classes of cases, and define a class by reference to any circumstances; and (c) contain such savings, transitional, consequential, incidental or supplementary provisions as appear to the Cabinet to be necessary or expedient for the purposes of the Order. (3)  An Order made under subsection (1) may be given retrospective effect. Publication in consolidated and revised form authorised by the Cabinet this 5th day of January, 2021. Kim Bullings Clerk of Cabinet Labour Act (2021 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Law # Legislation Commencement Gazette 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 35\/2020 Civil Partnership Law, 2020 4-Sep-2020 LG64\/2020\/s1 11\/2020 Labour (Amendment) Law, 2020 28-Apr-2020 LG30\/2020\/s2 Erratum: Labour Law (2011 Revision) 19-Sep-2014 GE69\/2014\/p1 Labour Law (2011 Revision) 7-Nov-2011 G23\/2011\/s5 9\/2011 Labour (Amendment) Law, 2011 15-Mar-2011 GE23\/2011\/s5 24\/2010 Labour (Amendment) Law, 2010 2-Aug-2010 G16\/2010\/s5 Labour Law (2007 Revision) 23-Jul-2007 G15\/2007\/s5 21\/2006 Labour (Amendment) Law, 2006 2-Oct-2006 G20\/2006\/s3 Labour Law (2001 Revision) 23-Apr-2001 G9\/2001\/s4 18\/2000 Labour (Amendment) Law, 2000 20-Nov-2000 G24\/2000\/s6 Labour Law (2000 Revision) 28\/Feb\/2000 G5\/2000\/s4 10\/1999 Labour (Amendment) (Tribunals) Law, 1999 6-Jul-1999 G14\/1999\/s7 Labour Law (1995 Revision) 10-Jun-1996 G12\/1996\/s1 10\/1995 Labour (Amendment) Law, 1995 4-Mar-1996 G5\/1995\/s4 24\/1993 Labour (Amendment) Law, 1993 14-Dec-1993 GE14-Dec\/1993\/s1 9\/1992 Labour (Time Variation) Regulations, 1992 21-Sep-1992 G19\/1992\/s1 18\/1989 Labour (Amendment) Law, 1989 26-Feb-1990 G5\/1990\/s2 8\/1988 Labour Law, 1987 (Commencement) Notice, 1988 15-Feb-1988 G4\/1988\/p2 30\/1987 Labour Law, 1987 1-Mar-1988 G3\/1988\/s3 ENDNOTES Labour Act (2021 Revision) Labour Act (2021 Revision) ENDNOTES ENDNOTES Labour Act (2021 Revision) (Price: ($10.40) Labour Act (2021 Revision) ENDNOTES\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2021_02_05\", \"date\": \"2021-02-05\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2021_02_05\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2021_02_05\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/1987\/30\", \"FRBRdate\": [{\"date\": \"2021-02-05\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1987\/30\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"1987-0030\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"30 of 1987\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/1987\/30\/eng@2021-02-05\", \"FRBRdate\": [{\"date\": \"2021-02-05\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1987\/30\/eng@2021-02-05\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/1987\/30\/eng@2021-02-05.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1987\/30\/eng@2021-02-05.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Labour Act\", \"actNumber\": \"30 of 1987\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nLABOUR ACT\n(2021 Revision)\n\nSupplement No. 10 published with Gazette No. 12 of 5th February, 2021.\n\nPage 2\nRevised as at 31st December, 2020\nc\n\nPUBLISHING DETAILS\nLaw 30 of 1987 consolidated with Laws 18 of 1989, 24 of 1993, 10 of 1995, 10 of 1999,\n18 of 2000, 21 of 2006, 24 of 2010, 9 of 2011, 11 of 2020, 35 of 2020 and 56 of 2020 and\nwith the Labour (Time Variation) Regulations, 1992.\n\nRevised under the authority of the Law Revision Act (2020 Revision).\n\nOriginally enacted \u2014\nLaw 30 of 1987-9th December, 1987\nLaw 18 of 1989-21st November, 1989\nLaw 24 of 1993-24th September, 1993\nLaw 10 of 1995-15th September, 1995\nLaw 10 of 1999-23rd April, 1999\nLaw 18 of 2000-18th September, 2000\nLaw 21 of 2006-31st July, 2006\nLaw 24 of 2010-28th June, 2010\nLaw 9 of 2011-23rd February, 2011\nLaw 11 of 2020-23rd April, 2020\nLaw 35 of 2020-4th September, 2020\nLaw 56 of 2020-7th December, 2020.\n\nOriginally made \u2014\n\nRegulations 1992-1st September, 1992.\n\nConsolidated and revised this 31st day of December, 2020.\n\nNote (not forming part of this Act): This revision replaces the 2011 Revision which\nshould now be discarded.\n\nLabour Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 3\n\nCAYMAN ISLANDS\n\nLABOUR ACT\n(2021 Revision)\nArrangement of Sections\nSection\nPage\nPART I - Introductory\n1.\nShort title ...................................................................................................................................... 7\n2.\nDefinitions ..................................................................................................................................... 7\n3.\nApplication .................................................................................................................................... 9\n4.\nEstablishment of conditions above minimum standards ............................................................ 10\n5.\nConformity with this Act .............................................................................................................. 10\n6.\nStatement of working conditions ................................................................................................. 10\n7.\nRe-employment within thirty days of termination ........................................................................ 11\n8.\nProbation period ......................................................................................................................... 11\n9.\nTermination: fixed term contract ................................................................................................. 12\n10.\nTermination by notice: employer\u2019s notice ................................................................................... 12\n11.\nTermination by notice: employee\u2019s notice .................................................................................. 12\n12.\nStatement upon termination ....................................................................................................... 13\nPART II - Leave\n13.\nApplication of leave provisions ................................................................................................... 13\n14.\nVacation leave ............................................................................................................................ 14\n15.\nPart-time employees ................................................................................................................... 15\n16.\nPublic holiday pay ....................................................................................................................... 16\n17.\nSick leave ................................................................................................................................... 16\n18.\nSick leave pay ............................................................................................................................ 17\n19.\nMaternity leave ........................................................................................................................... 17\n\nArrangement of Sections\nLabour Act (2021 Revision)\n\nPage 4\nRevised as at 31st December, 2020\nc\n\nPART III - Remuneration and Hours of Work\n20.\nNational Minimum Basic Wage .................................................................................................. 18\n21.\nMinimum Wage Advisory Committee ......................................................................................... 18\n22.\nPenalty for not paying minimum wage ....................................................................................... 19\n23.\nRest period ................................................................................................................................. 19\n24.\nStandard work week .................................................................................................................. 20\n25.\nOccasions for overtime pay ....................................................................................................... 20\n26.\nOvertime pay not necessary if parties agree to the contrary ..................................................... 21\n27.\nOvertime pay .............................................................................................................................. 21\n28.\nForm of wages ........................................................................................................................... 21\n29.\nDeductions ................................................................................................................................. 22\n30.\nPeriods and time of wage payments .......................................................................................... 23\n31.\nOffences and employee\u2019s rights in respect of wages ................................................................. 23\n32.\nWork accounts ........................................................................................................................... 23\n33.\nStatement of wages ................................................................................................................... 24\nPART IV - Gratuities\n34.\nDefinitions in this Part ................................................................................................................ 24\n35.\nMinimum gratuity may be prescribed ......................................................................................... 24\n36.\nClasses of employees entitled to gratuities may be prescribed ................................................. 25\n37.\nAll gratuities to be distributed ..................................................................................................... 25\n38.\nService employer to keep records ............................................................................................. 26\n39.\nNotice of rate or amount of gratuity to be displayed .................................................................. 27\nPART V - Severance Pay\n40.\nRight to severance pay generally ............................................................................................... 28\n41.\nComputation of severance pay .................................................................................................. 28\n42.\nSeverance pay, when payable: temporary termination .............................................................. 28\n43.\nSeverance pay where employer\u2019s business transferred ............................................................ 29\n44.\nLiability of predecessor and successor-employers .................................................................... 29\n45.\nRecord of hiring dates ................................................................................................................ 30\n46.\nDetermination of disputes .......................................................................................................... 30\nPART VI - Retirement\/resignation Allowance\n47.\nRetirement\/resignation allowance .............................................................................................. 30\n48.\nDetermination of disputes-retirement\/resignation allowances ................................................... 31\nPART VII - Unfair Dismissal\n49.\nUnfair dismissal: general ............................................................................................................ 31\n50.\nTermination after fixed term of employment .............................................................................. 31\n51.\nDismissal for good cause ........................................................................................................... 31\n52.\nTermination for misconduct ........................................................................................................ 32\n53.\nTermination for failure to perform duties in satisfactory manner ................................................ 33\n54.\nInitiation of proceedings ............................................................................................................. 33\n55.\nRemedies for unfair dismissal .................................................................................................... 34\n\nLabour Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 5\n\nPART VIII - Health, Safety and Welfare at Work\n56.\nGeneral application ..................................................................................................................... 34\n57.\nRegistration of work places ........................................................................................................ 34\n58.\nGeneral duty of employers ......................................................................................................... 35\n59.\nHealth ......................................................................................................................................... 35\n60.\nSafety ......................................................................................................................................... 35\n61.\nWelfare ....................................................................................................................................... 36\n62.\nSpecial protective measures ...................................................................................................... 36\n63.\nNotification of accidents .............................................................................................................. 36\n64.\nDuties of persons employed ....................................................................................................... 36\n65.\nRemedial notices ........................................................................................................................ 37\n66.\nOffences against this Part .......................................................................................................... 38\n67.\nResponsibility for enforcement ................................................................................................... 38\n68.\nTime for commencement of prosecution .................................................................................... 38\n69.\nPower of Grand Court to modify agreements and apportion expenses ..................................... 38\n70.\nPower to make regulations ......................................................................................................... 39\nPART IX - Administration\n71.\nAppointment of Director, Deputy Director and inspectors .......................................................... 39\n72.\nResponsibilities of Director ......................................................................................................... 40\n73.\nPowers of Director, Deputy Director and inspectors................................................................... 40\n74.\nLabour Tribunals ......................................................................................................................... 40\n75.\nProcedure to be followed on a complaint to Director .................................................................. 41\n76.\nEnforcement of award of Labour Tribunal .................................................................................. 42\n77.\nEstablishment of Appeals Tribunal ............................................................................................. 42\n78.\nAppeals from decision of Labour Tribunal .................................................................................. 42\n79.\nAppeals to Grand Court .............................................................................................................. 43\nPART X - General Penalties and Miscellaneous\n80.\nDiscrimination because of race, etc............................................................................................ 44\n80A. Worst forms of child labour ......................................................................................................... 44\n81.\nPenalties ..................................................................................................................................... 45\n82.\nSpecific offences ........................................................................................................................ 45\n83.\nSpecial provisions as to evidence .............................................................................................. 46\n84.\nService and sending of documents ............................................................................................ 46\n85.\nGeneral regulation making powers ............................................................................................. 47\n86.\nDirections .................................................................................................................................... 47\n87.\nCabinet\u2019s power to grant extension or exemption ...................................................................... 48\nENDNOTES\n49\nTable of Legislation history: ................................................................................................................. 49\n\nLabour Act (2021 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2020\nPage 7\n\nCAYMAN ISLANDS\n\nLABOUR ACT\n(2021 Revision)\n\nPART I - Introductory\n1.\nShort title\n1.\nThis Act may be cited as the Labour Act (2021 Revision).\n2.\nDefinitions\n2.\nIn this Act \u2014\n\u201cAppeals Tribunal\u201d means the tribunal established under section 77;\n\u201cbasic wage\u201d means the ordinary wage due to an employee under that person\u2019s\ncontract of employment;\n\u201ccasual employee\u201d means a person who is employed upon an irregular or\nintermittent basis;\n\u201ccharitable organisation\u201d means one accepted and registered as such by the\nDirector;\n\u201cChief Officer\u201d means the chief officer in the Ministry responsible for labour\nor that person\u2019s designate;\n\u201cchild\u201d means a juvenile under the age of fourteen years;\n\u201ccomplaint\u201d means a formal complaint made to the Director under section 46 or\n54;\n\u201cconditions of service\u201d or \u201cconditions of employment\u201d refers to the elements\nof hire and termination of employment, to the remuneration, hours of work,\n\nSection 2\nLabour Act (2021 Revision)\n\nPage 8\nRevised as at 31st December, 2020\nc\n\nduties and the surrounding terms of employment and to all other factors related\nto the employment arrangement;\n\u201ccontract of employment\u201d means any agreement, understanding or\narrangement whatever, whether written or oral, express or implied, whereby it\nis agreed between an employee and an employer that the employee will be\nemployed under a contract of service;\n\u201cCourt\u201d save where the context indicates otherwise, means the Summary Court;\n\u201cDirector\u201d means the Director of Labour appointed under section 71(1);\n\u201cemployee\u201d means any individual who enters into or works under or stands\nready to enter into or work under a contract of employment with an employer\nwhether the contract be oral or written, express or implied; and the term includes\na person whose services have been interrupted by a suspension of work during\na period of leave or temporary lay-off;\n\u201cemployees of managerial level\u201d include persons who plan, organise, control,\nco-ordinate or direct the business of an employer or a part of such business;\n\u201cemployees of professional level\u201d include persons who perform professional\nfunctions in the fields of physical and natural sciences, engineering, law,\nmedicine, religion, education, literature, art, entertainment or sport;\n\u201cemployer\u201d means any person who has entered into or stands ready to enter into\na contract of employment with an employee, and includes any agent,\nrepresentative or manager of such person who is placed in authority over an\nemployee;\n\u201cgratuity\u201d means any money or other thing of value collected or received from\na customer or client of any business which is in excess of the basic contractual\nliability of that customer and is, or is purported to be, collected or received in\nrespect of the quality of service afforded to that customer and, without prejudice\nto the generality of the foregoing, includes any sum whether calculated on the\nbasis of a fixed percentage or otherwise, levied on the amount charged to the\ncustomer of any hotel, condominium, restaurant, licensed premises or other\nplace of entertainment, and expressed to be in respect of service;\n\u201chousehold domestic\u201d means a person employed in a private home as a\ndomestic worker or gardener;\n\u201cinspector\u201d means an inspector appointed under section 71;\n\u201cjuvenile\u201d means a person under the age of seventeen years;\n\u201cmaternity\u201d means childbirth;\n\u201cmental disability\u201d has the same meaning as in the Mental Health Act (2021\nRevision);\n\u201cMinister\u201d means the Minister charged with responsibility for this Act under\nsection 9 of the Constitution;\n\nLabour Act (2021 Revision)\nSection 3\n\nc\nRevised as at 31st December, 2020\nPage 9\n\n\u201cNational Minimum Basic Wage\u201d means the current basic wage prescribed by\nthe Cabinet under section 20;\n\u201coperator of a workplace\u201d means each and every person responsible for\noperating, managing or supervising a workplace, and includes any person with\nactual, apparent or ratified authority to act on behalf of that person;\n\u201covertime pay\u201d has the meaning assigned to it by section 27;\n\u201cpart-time employee\u201d is an employee whose contract of employment requires\nthat person to work less than the standard work week;\n\u201cpredecessor-employer\u201d in relation to the employment of an individual as it\naffects that person\u2019s right to severance pay, means a person by whom that\nindividual was employed, and who subsequently transferred the business in\nwhich that person was employed by a new owner in circumstances that the\nemployment of the employed individual is continued by the new owner of the\nbusiness;\n\u201cprobation period\u201d means a period of employment governed by section 8;\n\u201cpublic holiday\u201d means a day declared to be a Public General Holiday under\nthe Public Holidays Act (2007 Revision);\n\u201credundancy\u201d means a situation in which, by virtue of a lack of customers or\nof orders, retrenchment, the installation of labour-saving machinery, an\nemployer\u2019s going out of business, force majeure or any other reason, tasks\nwhich a person was last employed to perform no longer exist;\n\u201cremedial notice\u201d means a notice under section 65;\n\u201cseverance pay\u201d has the meaning assigned to it by section 40;\n\u201csick leave\u201d means leave taken under section 17;\n\u201cstandard work week\u201d has the meaning assigned to it by section 24(1);\n\u201csuccessor-employer\u201d in relation to the employment of an individual as it\naffects that person\u2019s right to severance pay, means a person who takes over the\nbusiness in which that individual is employed from a predecessor-employer of\nthat individual and continues to employ that person in the same employment;\n\u201cwage\u201d means any money together with any other thing agreed to be paid or\ngiven by an employer to an employee as recompense, reward or remuneration\nfor services rendered under a contract of employment but does not include tips\nor gratuities; and\n\u201cworkplace\u201d means any premises in which any employee is employed to work\nand, without prejudice to the generality of the foregoing, includes any shop,\noffice, licensed premises or factory; but does not include, in respect of a\nhousehold domestic employed there, a private home.\n3.\nApplication\n3.\nThis Act does not apply to \u2014\n\nSection 4\nLabour Act (2021 Revision)\n\nPage 10\nRevised as at 31st December, 2020\nc\n\n(a) the public service:\nProvided that the Personnel Regulations (2019 Revision) from time to time\napplying to the public service shall not prescribe or permit conditions of service\nwhich are less favourable to the employee than those required by this Act;\n(b) charitable organisations; or\n(c) churches.\n4.\nEstablishment of conditions above minimum standards\n4.\nNothing in this Act shall be construed as prohibiting an employer from establishing\nconditions of service more advantageous to any employee than those minimum\nemployment standards established by this Act.\n5.\nConformity with this Act\n5.\n(1) Subject to section 4, any employer who offers or provides employment under\nterms and conditions of employment which do not conform to this Act commits\nan offence.\n(2) Any provision in any contract of employment which contravenes this Act, or\nwhich establishes conditions of service which fall below the minimum\nemployment standards established by this Act, shall be, to the extent of such\ncontravention, void and of no effect.\n6.\nStatement of working conditions\n6.\n(1) Every employer who enters into a contract of employment with an employee\nother than a casual employee or a person employed as a household domestic\nshall, within ten working days of entering into such contract, furnish the\nemployee with a written statement of that person\u2019s conditions of employment in\naccordance with subsection (2).\n(2) The written statement referred to in subsection (1) shall state \u2014\n(a) the job title, a brief statement of the general responsibilities and duties of\nthe employee and of any special requirements or conditions of the job;\n(b) the regular hours of work, together with any particular terms or conditions\nrelating to the hours of work;\n(c) the rate of remuneration, or the method by which it may be calculated;\n(d) the intervals at which remuneration is to be paid;\n(e) in the case of employees whose pay is normally stated on some basis other\nthan hourly, the hourly equivalent save that in the case of persons\nremunerated wholly or in part by commission the rate of commission\nshould be stated;\n(f)\nthe period of employment, if other than indefinite;\n(g) the period of probation, if any;\n\nLabour Act (2021 Revision)\nSection 7\n\nc\nRevised as at 31st December, 2020\nPage 11\n\n(h) the employee\u2019s holiday entitlement or the method by which it may be\ncalculated;\n(i)\nthe employee\u2019s entitlement to sick leave; and\n(j)\nthe length of notice which the employee is obliged to give and is entitled\nto receive to terminate the contract of employment.\n(3) Whenever, subsequent to the giving of a statement under subsection (1) or (2),\nany material change is made in any of the terms of employment set out in the\nstatement, the employer shall forthwith furnish the employee with an amended\nstatement embodying the change.\n(4) An employer who fails to furnish a statement pursuant to subsections (1) to (3)\nwithin seven days of being requested in writing by the employee to whom it\nrelates to do so commits an offence.\n7.\nRe-employment within thirty days of termination\n7.\nAny person who is re-employed by the same employer or, where the severance pay\nrequired under this Act has not been paid to the employee, by the successor-employer,\nwithin thirty days of the termination of that person\u2019s employment, shall not be\nregarded as a new employee, but that person\u2019s employment shall be regarded as\ncontinuous with that person\u2019s earlier period of employment for the purposes of the\ncalculation of that person\u2019s period of probation and of any benefits under this Act.\n8.\nProbation period\n8.\n(1) A new employee may, if mutually agreed in writing between themselves and\nthat person\u2019s employer, be employed on probationary terms for an initial period\nnot exceeding six months in duration.\n(2) At the end of the initial probationary period that period may be extended by\nmutual agreement for a term not exceeding a further six months, provided that\nsuch agreement shall be in writing and signed by both parties thereto.\n(3) During that person\u2019s probation period, an employee shall be given reasonable\ntraining in the duties of the position for which that person was hired, and shall\nbe kept informed of that person\u2019s progress.\n(4) At any time during that person\u2019s probation period an employee\u2019s employment\nmay be terminated but reasons for such termination shall be given to the\nemployee.\n(5) Upon confirmation of employment after a probationary period all earned\nbenefits under this Act shall be deemed to have accrued from the\ncommencement of the probationary period.\n\nSection 9\nLabour Act (2021 Revision)\n\nPage 12\nRevised as at 31st December, 2020\nc\n\n9.\nTermination: fixed term contract\n9.\nWhere the contract of employment is for a fixed term it shall terminate automatically\nand without further notice on the expiration of that term unless previously extended\nby prior agreement, or unless the terms of the contract specify otherwise.\n10.\nTermination by notice: employer\u2019s notice\n10. (1) Subject to sections 9, 51, 52 and 53, an employer shall give advance notice in\nwriting to the affected employee of an intention to terminate that person\u2019s\nemployment \u2014\n(a) with respect to an employee within that person\u2019s probation period, at least\ntwenty-four hours notice; and\n(b) with respect to all other employees, notice at least equal to the interval of\ntime between the employee\u2019s pay days:\nProvided that in no case need the period of notice exceed thirty days unless an\nemployment contract calls for a longer notice period.\n(2) Having given due advance notice to terminate employment, an employer may\nterminate the employment prior to the effective date of termination under the\nnotice, provided that that employer pay the employee a sum equivalent to that\nwhich that employer would have paid if the employee had worked throughout\nthe period.\n(3) If the employer has not exercised the option provided in subsection (2), that\nemployer may require the employee to render that employee\u2019s normal services\nuntil the effective date of termination under the notice, at the regular wage last\nbeing received by the employee.\n(4) An employer, having given due notice to terminate employment and not having\nexercised the option provided in subsection (2), shall be discharged forthwith of\nany obligation to pay the involved employee\u2019s regular wage upon the employee\nvoluntarily quitting that person\u2019s employment prior to the effective date of\ntermination under the notice.\n(5) The provisions of this section are subject to the provisions of Part VII.\n11.\nTermination by notice: employee\u2019s notice\n11. (1) Subject to section 9, an employee shall give notice to that person\u2019s employer of\nan intention to quit employment \u2014\n(a) during that person\u2019s probation period, at least twenty-four hours advance\nnotice;\n(b) when a period of notice is required by that person\u2019s contract of\nemployment, that period; and\n(c) in all other cases, notice equal to the interval of time between that person\u2019s\npay days or thirty days, whichever is the less.\n\nLabour Act (2021 Revision)\nSection 12\n\nc\nRevised as at 31st December, 2020\nPage 13\n\n(2) Any employee who fails to give sufficient advance notice under subsection (1)\nmay, at the employer\u2019s option \u2014\n(a) be dismissed prior to the date that that person intended voluntarily to quit\nby the number of hours or days by which the employee\u2019s notice fell short\nof the required period of advance notice; and\n(b) forfeit all vacation leave accrued during the current employment year.\n12.\nStatement upon termination\n12. (1) Where an employer has, subsequent to the expiration of an employee\u2019s\nprobation period, terminated the employee\u2019s employment the employer shall,\nupon a request being made by the employee at any time within fourteen days\nafter the termination of that person\u2019s employment, furnish within fourteen days\nto the said employee a written statement of the reason for the action, and if the\nemployee so requests send a copy thereof to the Director.\n(2) In all cases of termination of a contract of employment the employer shall, upon\na request made by the employee concerned at any time within one year of the\nexpiry of the period specified in the notice, furnish within fourteen days of such\nrequest a certificate specifying the dates of that person\u2019s engagement and\ntermination and the type of work on which that person was employed.\n(3) An employer who furnishes a statement or certificate under subsection (1) or (2)\nshall be conclusively bound by the contents thereof in any proceeding under this\nAct concerning the fairness of the dismissal or the employer\u2019s liability for\nseverance pay.\n(4) An employer who fails to furnish either a statement or certificate under\nsubsection (1) or (2) shall be prohibited from introducing evidence as to any\nfacts which might have been recited in the said statement or certificate in any\nproceedings under this Act concerning the fairness of the dismissal or the\nemployer\u2019s liability for severance pay.\n(5) An employer who fails to furnish either a statement or certificate under\nsubsection (1) or (2) commits an offence.\n(6) For the avoidance of doubt, the duty to furnish a statement or certificate pursuant\nto subsection (1) or (2) is discharged on the first occasion an employer furnishes\nsuch a statement or certificate.\nPART II - Leave\n13.\nApplication of leave provisions\n13. This Part applies to every employee who is not a casual employee and who has\ncompleted that person\u2019s probation period or any lawful extension thereof.\n\nSection 14\nLabour Act (2021 Revision)\n\nPage 14\nRevised as at 31st December, 2020\nc\n\n14.\nVacation leave\n14. (1) Subject to section 15, every employee to whom this Part applies shall be entitled\nto, and that person\u2019s employer shall give that person, earned vacation leave with\npay of the number of working days that is necessary if taken in an unbroken\nperiod to give that person at least the period of earned leave in each twelve\nmonth period of employment which is specified in respect of each such period\nin subsection (3):\nProvided that the entitlement to earned vacation leave under this subsection shall\nonly arise when the employee has completed the twelve month period of\nemployment to which it relates.\n(2) The proviso to subsection (1) shall not apply where the employer and employee\nhave agreed in writing that the entitlement of earned vacation leave shall accrue\nproportionately to the employee at the end of each month during each twelve\nmonth period of employment.\n(3) The minimum entitlement of earned leave referred to in subsection (1) is \u2014\nPeriod of employment\nMinimum annual entitlement to\nearned leave in respect of each twelve\nmonth period of employment\nNot exceeding 4 completed years\n2 weeks\nExceeding 4 but not exceeding 10\ncompleted years\n3 weeks\nExceeding 10 completed years\n4 weeks\nThe minimum annual entitlement of earned leave shall be in such proportions\nand at such time as the employer and employee shall agree.\n(4) The Cabinet may, by regulations, prescribe that employers in such industries or\nbusinesses as may be specified in the regulations, being industries or businesses\nwhich have seasonal employment requirements, shall \u2014\n(a) proportion leave in accordance with the time worked by their employees\nduring each year; and\n(b) require their employees to take their leave during such periods in each year\nas may be specified in the regulations as being the agreed leave periods for\nthe employer\u2019s industry or business.\n(5) Earned vacation leave shall be above and beyond and shall not include any\npublic holiday leave as provided for by section 16, any sick leave as provided\nfor by section 17 or any daily or weekly non-work periods as provided for by\nsection 23.\n(6) The dates for the taking of earned vacation leave shall be fixed by agreement\nbetween employer and employee.\n\nLabour Act (2021 Revision)\nSection 15\n\nc\nRevised as at 31st December, 2020\nPage 15\n\n(7) By mutual agreement the employer may advance vacation leave not yet earned.\n(8) The earned vacation leave specified in subsection (1) is not a cumulative\nentitlement and shall be taken annually in an unbroken time period, unless the\nemployer and employee agree otherwise.\n(9) An employer shall not compel an employee to forego the taking of earned\nvacation leave even though that person pays or offers to pay in lieu thereof and\nin addition to the employee\u2019s normal wage, the wage the employee would have\nreceived had that person taken the leave.\n(10) Any person whose employment is terminated for any reason shall, subject to\nparagraph (a) of section 11(2), thereupon receive, in respect of every day of\nearned vacation leave due that person at the time of such termination, a cash\nsum equal to the remuneration for each such day. Once an employee has\ncompleted that person\u2019s probationary period, payment of such a sum in respect\nof earned vacation leave shall be granted on a pro-rata basis if or when that\nperson\u2019s employment is terminated notwithstanding that that person has not\ncompleted the twelve month period to which it relates. Where such\nremuneration would normally include any thing other than money then the\namount due on termination shall include the cash equivalent of such thing,\ncalculated in accordance with paragraph (c) of section 28(1).\n(11) The rate of pay for each day of earned vacation leave shall not be less than the\nbasic daily wage of the employee concerned at the commencement of the\nvacation leave.\n(12) Every employee to whom this Part applies shall, in addition to any entitlement\nto earned vacation leave, be entitled (during each twelve month period of\nemployment) to a maximum of five days compassionate leave on the occurrence\nof a death or serious illness in the employee\u2019s immediate family provided\nreasonable evidence of such serious illness or death is provided to the employer;\nand for the purposes of this entitlement the employee\u2019s immediate family means\nthe spouse, civil partner, parents and children of the employee.\n(13) In subsection (12) \u2014\n\u201cserious illness\u201d includes any period of a person\u2019s admittance to hospital as inpatient, recuperation from such hospitalisation or any period of overseas travel\nrelated to such hospitalisation or recuperation.\n15.\nPart-time employees\n15. Part-time employees shall earn vacation leave in the ratio that their actual hours of\nemployment bear to the standard work week.\n\nSection 16\nLabour Act (2021 Revision)\n\nPage 16\nRevised as at 31st December, 2020\nc\n\n16.\nPublic holiday pay\n16. (1) If an employee does not work on a public holiday that person shall be paid the\nbasic wage that person would normally have received for work performed on\nthat day had it not been a public holiday, provided that person has worked that\nperson\u2019s scheduled work day immediately before and that person\u2019s scheduled\nwork day immediately after the said public holiday.\n(2) Subject to subsection (3), if an employee does work on a public holiday that\nperson shall be paid at double that person\u2019s normal rate of pay for the hours\nactually worked that day, and where that person works less than the full day that\nperson shall, in addition, be paid at the normal rate for any hours by which the\ntime actually worked falls short of that person\u2019s normal working day.\n(3) For the avoidance of doubt the provisions of subsections (1) and (2) are not\ncumulative so that where an employee does work on a public holiday it is not\nnecessary to add that person\u2019s entitlement under subsection (2) to the basic wage\nreferred to in subsection (1).\n(4) An employee may, by mutual agreement between themselves and that person\u2019s\nemployer, take time off in lieu of a public holiday in which case that person\nshall not be paid double pay for working on any such holiday.\n(5) In the case of employees at professional or managerial level and above, the\nparties to a contract of employment may agree that subsections (1) and (2) shall\nnot apply, in which case the employee shall not be paid double pay for working\non a public holiday.\n(6) Notwithstanding section 13, an employee serving a probationary period under\nsection 8 is entitled to payment for public holidays.\n17.\nSick leave\n17. (1) Subject to this section, each employee is entitled to sick leave on workdays, or\nparts thereof, during which that person is ill or otherwise physically\nincapacitated for work.\n(2) Sick leave shall be taken only in connection with actual illness or other physical\nincapacitation for work, evidence of which, in the form of a doctor\u2019s certificate\nor other satisfactory means, shall be furnished by the involved employee at any\ntime upon request of the employer made under subsection (5) and in any event\nin respect of the third and any subsequent consecutive days of such leave.\n(3) A doctor\u2019s certificate furnished by an employee which provides evidence that\nthe employee was ill or otherwise physically incapacitated from working for that\nperson\u2019s employer on a particular day shall be satisfactory evidence of that\nillness or incapacity for the purpose of the entitlement of the employee to sick\nleave pay under this Part.\n\nLabour Act (2021 Revision)\nSection 18\n\nc\nRevised as at 31st December, 2020\nPage 17\n\n(4) Subsection (3) shall not require an employer to accept a doctor\u2019s certificate as\nevidence of an employee\u2019s sickness or incapacity where there are reasonable\ngrounds for the employer to suspect that the certificate has been procured in\nfurtherance of, or as part of, a course of absenteeism.\n(5) An employer may require an employee to furnish that person with a medical\ncertificate in respect of any purported sick leave, no matter how short, where the\nemployer is of the opinion that it forms part of a pattern of absenteeism.\n(6) In the event that the employer considers that the extent of sick leave taken\nrenders the employee unfit to continue in that person\u2019s employment and\nterminates the employment therefore, the fairness of the termination shall be\ndetermined under Part VII.\n(7) Every employee who is ill or otherwise physically incapacitated so as to justify\nthat person\u2019s absence from work under subsection (1) shall notify that person\u2019s\nemployer of that fact as soon as reasonably practicable.\n18.\nSick leave pay\n18. For the first ten days of sick leave taken during any period of twelve consecutive\nmonths, calculated from the date of commencement of employment and any\nanniversary date thereof, an employee shall be paid the basic wage which that person\nwould have received had that person worked on those days.\n19.\nMaternity leave\n19. (1) Every female employee shall be entitled to twelve calendar weeks\u2019 maternity\nleave in any twelve month period:\nProvided that if the employee has not completed twelve months of employment\nwith her employer her maternity leave shall be calculated on a pro-rata basis for\nthe time that she has worked.\n(2) An employee entitled to maternity leave under subsection (1) shall be entitled\nto receive and her employer shall pay \u2014\n(a) in respect of any entitlement to maternity leave for a period not exceeding\ntwenty working days, the basic wage that the employee would have\nreceived had she worked on those days; and\n(b) in respect of any period of entitlement to twenty working days maternity\nleave next following the first twenty days, one half of the amount of the\nbasic wage she would have received had she worked on those days.\n(3) At any time during the period of maternity leave the employer may require, and\nthe employee shall thereupon furnish, a doctor\u2019s certificate to demonstrate that\nthe leave is being taken on account of maternity.\n(4) Subject to subsection (3), maternity leave may be taken in whatever proportions\nbefore and after actual childbirth that the employee wishes, provided that an\n\nSection 20\nLabour Act (2021 Revision)\n\nPage 18\nRevised as at 31st December, 2020\nc\n\nemployee shall not work where a doctor certifies that it would, by reason of\npregnancy, be deleterious to the health of the employee for her to work, and an\nemployer may, at any time during pregnancy, require an employee to be\nexamined by a doctor with a view to determining whether it would be\ndeleterious to her health to continue work.\n(5) A female employee who adopts a child under three years of age shall be entitled\nto adoption leave of nine calendar weeks and to receive from her employer the\nbasic wage that the employee would have received had she worked on the days\nof her entitlement to adoption leave for a period not exceeding fifteen working\ndays of that entitlement.\n(6) Adoption leave may be granted to any female employee once in any thirty-six\ncalendar month period.\nPART III - Remuneration and Hours of Work\n20.\nNational Minimum Basic Wage\n20. (1) Subject to subsection (2), the Cabinet may, by Order, prescribe a National\nMinimum Basic Wage.\n(2) An Order under subsection (1) may only be made, varied, amended or revoked\nafter consideration of recommendations made to the Minister by a Minimum\nWage Advisory Committee established under section 21.\n(3) Any National Minimum Basic Wage prescribed under subsection (1) shall not\napply to the payment of wages to juveniles required by any law to attend school.\n21.\nMinimum Wage Advisory Committee\n21. (1) The Cabinet may establish a Minimum Wage Advisory Committee to\ninvestigate and enquire into all matters related to the appropriate level of a\nNational Minimum Basic Wage, and to make recommendations as to the\nminimum rates of wages which should be payable.\n(2) The Cabinet may make rules governing the procedure of any such Committee,\nbut, subject to any such rules and to subsections (3) to (9), the Committee shall\nhave power to regulate its own proceedings.\n(3) The Committee shall consist of not less than eight members who shall be\nappointed by the Cabinet, and who shall comprise equal numbers of employers\nand employees, together with such other representatives of such other interests\nas the Cabinet may see fit.\n(4) The Cabinet shall designate one member of the Committee as Chairperson\nthereof.\n(5) The quorum of the Committee shall be five members, including the Chairperson.\n\nLabour Act (2021 Revision)\nSection 22\n\nc\nRevised as at 31st December, 2020\nPage 19\n\n(6) All questions arising at any meeting of the Committee shall be determined by a\nmajority of votes of all members, including the Chairperson, who are present,\nand subject to sub-section (5), no such determination of the Committee shall be\ninvalid by reason of any vacancy or absence among the members.\n(7) The Committee may, at any time it deems it expedient to do so, call in the aid\nof one or more assessors, specially qualified in the opinion of the Committee in\nthe matter under investigation.\n(8) The Committee shall have power to take evidence from witnesses, to require the\nproduction of relevant documents and to take evidence on oath.\n(9) The Committee shall make such interim reports of its investigations and\nrecommendations as the Minister may from time to time require, and shall, as\nsoon as possible after the conclusion of its investigations and deliberations,\nmake a final report, including recommendations, to the Minister.\n22.\nPenalty for not paying minimum wage\n22. (1) Where a National Minimum Basic Wage has been fixed under section 20 it shall\nbe an offence for an employer to employ or to pay any employee at a basic wage\nless than the minimum wage prescribed by the Order.\n(2) Subsection (1) shall not apply to the payment of wages to juveniles to whom\nsection 20(3) applies.\n(3) Where an employer has been convicted of an offence under subsection (1) then,\nif notice of an intention so to do had been served upon that person with the\nsummons or warrant, evidence may be given before sentence of any failure on\nthe part of the employer to pay wages at the minimum rate to the employee\nconcerned during the two years immediately preceding the date on which the\ninformation was laid and, on proof or admission of the failure, the Court upon\nsentencing the employer may order that person to pay to the employee, in\naddition to any fine or other penalty, such sum as in the opinion of the Court\nrepresents the difference between the amount which should have been paid\nduring those years and that which was actually paid, plus interest at the rate of\nten per cent per annum from the date any wage was due until it is paid.\n(4) An order made under subsection (3) may be enforced in the same manner as if\nit were a fine.\n(5) In calculating the wage paid to an employee for the purposes of the application\nof this section gratuities shall be disregarded.\n23.\nRest period\n23. (1) Every employer shall permit each of that person\u2019s employees to enjoy, in every\nperiod of seven consecutive days, a period of rest comprising at least twentyfour consecutive hours.\n\nSection 24\nLabour Act (2021 Revision)\n\nPage 20\nRevised as at 31st December, 2020\nc\n\n(2) Every employer in a specified industry or business shall permit each of that\nperson\u2019s hourly-paid employees during each period of work \u2014\n(a) of three to five hours, a minimum of fifteen minutes break;\n(b) of more than five hours, a minimum of two breaks of fifteen minutes each;\nand\n(c) of more than five hours, and in addition to any entitlement to breaks under\nparagraph (a) or (b), a meal break of thirty minutes,\nthe employee to be paid for the period of each fifteen minute break (but not for\nthe period of any meal break) the wage the employee would, but for the break,\nhave otherwise been entitled to receive.\n(3) For the purposes of subsection (2) the specified industries and businesses are \u2014\n(a) construction;\n(b) manufacturing;\n(c) heavy equipment operators;\n(d) hospitality; and\n(e) gardening or landscaping.\n(4) Any employer who does not comply with any requirement imposed on that\nperson by subsection (1) or (2) commits an offence.\n(5) Any employee not entitled to the breaks specified in subsection (2) is\nnevertheless entitled to reasonable rest and meal breaks.\n(6) All rest and meal breaks required by subsection (2), and all other rest and meal\nbreaks to which an employee is entitled under subsection (5), shall, having\nregard to all the circumstances of the employment concerned, be taken at such\nreasonable times as are agreed between the employer and the employee.\n24.\nStandard work week\n24. (1) The standard work week shall not exceed forty-five hours in any period of one\nhundred and sixty-eight hours and the standard work day shall not exceed nine\nhours.\n(2) The Cabinet may, by Order, revise this standard for any industry or enterprise\nspecified in the Order.\n25.\nOccasions for overtime pay\n25. (1) An employer shall pay overtime pay to an employee for every hour of work in\nexcess of the standard work week or a standard work day.\n(2) Notwithstanding subsection (1), the parties to a contract of employment may\nprovide, either generally by an agreement in writing or specifically in relation\nto any period of less than one week by an oral agreement, that the employee\n\nLabour Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 21\n\nshall work more than the hours provided for by the standard work week and\nshall receive time-off equivalent to the extra hours in lieu of overtime pay.\n(3) Notwithstanding subsection (1), in the case of employees at professional or\nmanagerial level and above, the parties to a contract of employment may agree\nthat no overtime should be paid, in which case the obligation to pay overtime to\nthat employee in accordance with subsection (1) shall not apply.\n(4) Any employer who contravenes subsection (1) commits an offence.\n(5) In addition to any fine imposed for an offence under subsection (4) the Court\nmay, before or upon sentencing the employer, order that person to pay to the\nemployee any overtime pay due for any period in respect of which an offence\nwas committed.\n(6) Any sum ordered to be paid under subsection (5) may be enforced as a fine.\n26.\nOvertime pay not necessary if parties agree to the contrary\n26. Non-managerial employees may agree with an employer that no overtime will be paid\nfor the extra hours worked by such employee provided that such agreement shall be\nrequested by the employee and entered into voluntarily by that person. Any such\nagreement shall be approved by and registered with a Labour Tribunal and shall not\ntake effect until and unless this section is complied with. A Labour Tribunal shall,\nbefore approving and registering such agreement, satisfy itself that the agreement was\nrequested by the employee and voluntarily entered into and it may require such\nevidence as it deems necessary to so satisfy itself.\n27.\nOvertime pay\n27. (1) Overtime pay shall, unless the employer and the employee agree in writing to\nthe contrary, consist of at least one-and-one half times an employee\u2019s basic\nhourly wage per hour.\n(2) Any agreement entered into under this section is subject to section 26 being\ncomplied with.\n28.\nForm of wages\n28. (1) The remuneration payable under a contract of employment may be paid in\nmoney or in kind, which expression means payment by the provision of food, a\ndwelling place or such other allowances and privileges as may be agreed in the\ncontract of employment:\nProvided that \u2014\n(a) at least fifty per cent of the total remuneration shall be paid in money;\n(b) no payment in kind shall include any noxious drugs or intoxicating liquor;\nand\n\nSection 29\nLabour Act (2021 Revision)\n\nPage 22\nRevised as at 31st December, 2020\nc\n\n(c) any payment in kind must be fairly evaluated on the basis of its cost to the\nemployer.\n(2) The money wages of an employee shall be paid in legal tender, provided\nhowever that the payment of wages by cheque, by direct deposit or by postal\norder shall be permitted if it is with the express consent of the employee, which\nconsent may be withdrawn on one calendar month\u2019s notice, provided that such\nconsent may not be unreasonably withheld or withdrawn.\n29.\nDeductions\n29. (1) An employer shall not make any deductions from the wages payable to an\nemployee under any contract of employment except in accordance with\nsubsections (2) to (4).\n(2) Without prejudice to subsection (1) and notwithstanding paragraph (e) of\nsubsection (3), an employer shall not make any deduction from the wages\npayable to an employee or require or receive any payment from an employee,\nor allow any other person to deduct, or require or receive any payment from an\nemployee, in respect of \u2014\n(a) the cost of anything done or required to be done by the employer under\nthis Act or any regulations made hereunder;\n(b) obtaining or retaining employment with the employer;\n(c) any fine imposed by the employer;\n(d) bad or negligent work, other than a shortfall in cash collected by an\nemployee on behalf of an employer or in a cash float provided to the\nemployee by the employer; or\n(e) any injury to the materials or property of the employer, save when the\ninjury is occasioned by the wilful misconduct of the employee.\n(3) There may be deducted \u2014\n(a) any deduction imposed by any law;\n(b) any money advanced by the employer (whether paid to the employee\nthemselves or to some other person at that person\u2019s request) in anticipation\nof the regular payment of the employee\u2019s wages, provided the amount\ndeducted accords with the agreement made between employer and\nemployee at the time of the advance, and provided that no interest, discount\nor similar charge may be imposed on such advance;\n(c) the actual or reasonable estimated cost to the employer of any materials,\ntools and implements which, although not obliged to provide, the employer\nhas supplied to the workman at the latter\u2019s request;\n(d) any payment into any welfare, insurance or other similar fund which an\nemployee has authorised to be deducted;\n\nLabour Act (2021 Revision)\nSection 30\n\nc\nRevised as at 31st December, 2020\nPage 23\n\n(e) subject to subsections (2) and (4), any sum of money the deduction of\nwhich an employee has expressly authorised in writing; and\n(f)\nany wages deducted by virtue of the suspension of an employee where the\nemployee has been given a written warning under section 52(2) or 53(1)\nand the employee has been guilty of further misconduct or has continued\nto perform that person\u2019s duties unsatisfactorily.\n(4) The total which may be deducted in any period shall not exceed one-third of the\ngross money wage of the employee for that pay period, provided that this shall\nnot apply to interest on and repayments of negotiated loans nor to the recovery\nof money advanced as contemplated in paragraph (b) of subsection (3) provided\nthat the deduction accords with the agreement made at the time of the advance.\n30.\nPeriods and time of wage payments\n30. (1) Wages shall be paid on a regular periodic basis, and no period in respect of\nwhich wages earned by an employee are payable shall exceed one month.\n(2) The payment of wages shall be made on ordinary working days only and within\nordinary working hours.\n31.\nOffences and employee\u2019s rights in respect of wages\n31. (1) Any employer who \u2014\n(a) enters into any agreement or contract or gives any remuneration for\nemployment contrary to section 28, 29 or 30;\n(b) makes any deduction from the wages of any employee or receives any\npayment from any employee contrary to the said sections; or\n(c) otherwise contravenes the said sections, commits an offence.\n(2) In addition to the offence under subsection (1), an employee shall be entitled to\nrecover by action in the appropriate Court so much of that person\u2019s wages,\nexclusive of sums lawfully deducted, as shall not have been actually paid to that\nperson together with interest thereon at the rate of ten per cent per annum.\n32.\nWork accounts\n32. (1) Every employer who employs ten or more persons shall keep an accurate work\naccount in respect of each employee, which shall record that person\u2019s time\nworked (by pay periods), that person\u2019s leave taken (by type), and the basic and\nother wages paid to that person for each pay period.\n(2) In the case of an employee paid on a piece-work basis the work account shall\nshow the work done instead of the time worked.\n(3) An employer to whom subsection (1) applies shall preserve each work account,\nwith respect to each entry therein, for at least two years.\n\nSection 33\nLabour Act (2021 Revision)\n\nPage 24\nRevised as at 31st December, 2020\nc\n\n(4) Upon demand by any employee, an employer required to maintain a work\naccount under sub-section (1) in respect of that employee shall make it available\nto that person for inspection.\n(5) Any employer who contravenes this section commits an offence.\n33.\nStatement of wages\n33. (1) An employer shall, in respect of any given wage or gratuity payment, within one\nweek of the making of the payment, furnish that employee forthwith with a\nprecise statement in writing showing how the said payment was made up.\n(2) Without prejudice to the generality of subsection (1), whenever an employer\nmakes any deduction from an employee\u2019s wages, a statement furnished under\nsubsection (1) shall include the amount deducted and the nature of the\ndeduction.\n(3) Any employer who fails to furnish a statement under subsection (1) commits an\noffence.\nPART IV - Gratuities\n34.\nDefinitions in this Part\n34. In this Part \u2014\n\u201cservice employee\u201d means an employee of a service employer who is within a\nclass or description of employees prescribed by regulations made for the\npurpose of section 36(1) and who works in the Islands; and\n\u201cservice employer\u201d means an employer carrying on the business of a hotel,\ncondominium, restaurant, licensed premises or other place of entertainment\nwhere the employer collects or receives gratuities in respect of services provided\nby the business.\n35.\nMinimum gratuity may be prescribed\n35. (1) The Cabinet may, by regulations, prescribe the minimum rate of gratuity that is\nto be shown or included in accounts rendered to customers of hotels,\ncondominiums, restaurants, licensed premises or other places of entertainment:\nProvided that the Cabinet may, in writing, upon application of a specific\nbusiness, exempt any specific business from the regulations made under\nsubsection (1) where the employer does not collect or receive gratuities in\nrespect of services provided by a business mentioned in this subsection.\n(2) Different minimum rates of gratuity may be prescribed for different types of\nbusinesses or different activities within a type of business.\n\nLabour Act (2021 Revision)\nSection 36\n\nc\nRevised as at 31st December, 2020\nPage 25\n\n(3) A person carrying on a business or an activity of a business in respect of which\na minimum rate of gratuity has been prescribed in accordance with\nsubsection (1) shall show or include in all accounts rendered to customers of the\nbusiness a gratuity at a rate not less than that prescribed.\n(4) A person who contravenes subsection (3) commits an offence and is liable on\nconviction to a fine of ten thousand dollars.\n(5) The prescription of a minimum rate of gratuity in respect of a business or an\nactivity carried on by a business, or the inclusion of a gratuity in an account\nrendered by a business does not imply a contractual obligation on the part of a\ncustomer of that business to pay any gratuity shown or included in an account\nrendered on behalf of the business.\n(6) Notwithstanding subsection (3), it is not an offence under that subsection for a\nbusiness to state that a gratuity shown or included in an account rendered on\nbehalf of the business is shown or included at the minimum rate recommended\nby the Government and that payment of the gratuity is discretionary.\n36.\nClasses of employees entitled to gratuities may be prescribed\n36. (1) The Cabinet may, by regulations, prescribe classes of employees who are\nentitled to be included in the distribution of gratuities by a service employer.\n(2) Classes of employees may be prescribed for the purpose of subsection (1) by \u2014\n(a) the description of their position;\n(b) the type of work they undertake;\n(c) the level of their remuneration; or\n(d) the terms of their employment,\nor by any combination of these matters.\n37.\nAll gratuities to be distributed\n37. (1) A service employer shall distribute all gratuities collected or received by that\nperson amongst that person\u2019s service employees twice monthly on the day that\nservice employees\u2019 wages or salaries are paid \u2014\n(a) in accordance with a scheme approved by and registered with the Director;\nor\n(b) where no such scheme is registered, in accordance with a formula\nprescribed by the Cabinet by regulations.\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nconviction to a fine of twenty-five thousand dollars and to imprisonment for\ntwelve months, and the service employer shall be required to distribute the\ngratuity in respect of which that person was convicted amongst that person\u2019s\nservice employees within such period as the court may order.\n\nSection 38\nLabour Act (2021 Revision)\n\nPage 26\nRevised as at 31st December, 2020\nc\n\n(3) A service employee is entitled to participate in the distribution of all gratuities\ncollected or received by that person\u2019s employer in respect of the premises at\nwhich the employee is employed for services provided after the date the\nemployee became a service employee at those premises.\n(4) A person who ceases to be a service employee is entitled to participate in the\ndistribution of all gratuities collected or received by that person\u2019s employer or\nformer employer in respect of the premises at which the employee was\nemployed for services provided before the date the person ceased to be a service\nemployee at those premises.\n38.\nService employer to keep records\n38. (1) A service employer shall keep a record of \u2014\n(a) the total amount of gratuities collected or received by that person in each\nmonth that person provides services to customers;\n(b) each account rendered to a customer of the employer showing \u2014\n(i)\nthe service provided;\n(ii) the amount charged for the service;\n(iii) the amount of gratuity shown or included; and\n(iv) the date on which, or the period during which, the service was\nprovided;\n(c) the amount received or collected by the employer in respect of each\naccount rendered by the employer showing \u2014\n(i)\nthe amount received by the employer in respect of the service;\n(ii) any amount collected or received by way of gratuity; and\n(iii) the date on which the amount referred to in subparagraph (ii) was\ncollected or received;\n(d) any gratuities collected or received by the employer otherwise than as\nreferred to in paragraph (c)(ii);\n(e) the name of each service employee of the employer who carried out any\nduties for the employer during any period when the employer was\nproviding services to customers; and\n(f)\neach distribution of gratuities made to service employees showing \u2014\n(i)\nthe period in respect of which the distribution was made;\n(ii) the date of the distribution; and\n(iii) the amount paid to each service employee,\nand a person who fails to do so commits an offence and is liable on conviction\nto a fine of twenty-five thousand dollars and to imprisonment for twelve months.\n\nLabour Act (2021 Revision)\nSection 39\n\nc\nRevised as at 31st December, 2020\nPage 27\n\n(2) For the purpose of paragraph (c)(ii) of subsection (1), any amount paid under\nparagraph (c)(i) of subsection (1) that exceeds the amount charged under\nparagraph (b)(ii) of subsection (1) is to be regarded as a gratuity.\n(3) Any service employer who keeps a record for the purpose of subsection (1) that\nthat person knows or ought reasonably to know is false or misleading commits\nan offence and is liable on conviction to a fine of twenty-five thousand dollars\nand to imprisonment for twelve months.\n(4) Any service employer who fails to provide to the Director, in a format approved\nfor the purpose by the Director and within six weeks of the end of a month,\ndetails of the gratuities received by the service employer during that month and\nthe manner in which those gratuities were distributed, commits an offence and\nis liable on conviction to a fine of five thousand dollars and to imprisonment for\nsix months.\n(5) Where a service employer provides details of gratuities to the Director in\naccordance with subsection (4) but fails \u2014\n(a) at the same time, to make available on request a copy of the details to\nservice employees referred to in the details; and\n(b) to make these details available for at least two weeks,\ncommits an offence and is liable on conviction to a fine of five thousand dollars\nand to imprisonment for six months.\n(6) Any service employer who, when requested to do so by the Director, fails to \u2014\n(a) produce to the Director for inspection the record kept by the employer for\nthe purpose of subsection (1); and\n(b) provide to the Director a copy or print out of the information stored in the\nrecord,\ncommits an offence and is liable on conviction to a fine of five thousand dollars\nand to imprisonment for six months.\n(7) Any person required to keep a record for the purpose of subsection (1) who fails\nto retain any record made for the purpose of that subsection for at least three\nyears commits an offence and is liable on conviction to a fine of five thousand\ndollars and to imprisonment for six months.\n(8) In this section \u2014\n\u201crecord\u201d means any means by which information may be stored and retrieved.\n39.\nNotice of rate or amount of gratuity to be displayed\n39. (1) Any service employer who fails to display, in a place where it may be easily\nseen by a customer of the employer, a notice stating the rate of gratuity\napplicable to services provided by the employer commits an offence and is liable\non conviction to a fine of ten thousand dollars.\n\nSection 40\nLabour Act (2021 Revision)\n\nPage 28\nRevised as at 31st December, 2020\nc\n\n(2) It is sufficient compliance with subsection (1) if the rate of gratuity is shown on\na menu or other document that would normally be read by customers of the\nemployer.\nPART V - Severance Pay\n40.\nRight to severance pay generally\n40. (1) Every employee whose term of continuous employment with an employer and\nany predecessor-employer has in aggregate exceeded one year is entitled to\nreceive, in addition to any other payments which may be due to that employee,\nupon termination of that person\u2019s employment by that person\u2019s employer for\nany reason, other than a dismissal which is within paragraph (a), (b) or (c) of\nsection 51(1), severance pay, being payment in money calculated in accordance\nwith this Part.\n(2) In the case of the bankruptcy or winding up of an employer any liability for\nseverance pay shall be paid in priority to all other debts, secured or unsecured,\nand shall be paid in full unless the property available is insufficient to\nmeet them.\n(3) Severance pay shall be payable to an employee for the full period of that\nperson\u2019s employment, including any period of employment prior to the 1st\nMarch, 1988, if that employment is terminated on or after the 1st March, 1988.\n41.\nComputation of severance pay\n41. (1) Severance pay shall consist of one week\u2019s wages, at the employee\u2019s latest basic\nwage, for each completed twelve month period of that person\u2019s employment\nwith that person\u2019s employer and any predecessor-employer.\n(2) In the case of part-time employees their entitlement to severance pay shall be\ncalculated on the basis of the ratio that their actual hours of employment bear to\nthe standard work week.\n42.\nSeverance pay, when payable: temporary termination\n42. (1) Subject to subsections (2), (3) and (4), simultaneously upon the termination of\nthe employment of any employee entitled to severance pay, the employer shall\npay to that employee severance pay calculated in accordance with this Part.\n(2) If the termination is stated to be temporary, no severance pay need be paid to\nthe employee at the time of such temporary termination except \u2014\n(a) where the date of recall, if one is given at the time of termination, is thirty\ndays or more in the future, severance pay shall be payable on the date of\ntermination; or\n\nLabour Act (2021 Revision)\nSection 43\n\nc\nRevised as at 31st December, 2020\nPage 29\n\n(b) if no date of recall is given at the time of termination, severance pay shall\nbe payable thirty days from the termination if the employee shall not then\nhave been recalled; in which case, interest at ten per cent per annum on the\namount of severance pay due shall be payable for the interval between the\noriginal termination date and the date of actual payment.\n(3) Subsection (2) shall apply to employees in agriculture and construction with the\nwords \u201csix months\u201d substituted for the words \u201cthirty days\u201d in both places where\nthey occur in that subsection.\n(4) Where payment of severance pay has been made, with interest where due under\nparagraph (b) of subsection (2), and the employee is subsequently recalled to\nthat person\u2019s former or substantially equivalent employment or is again hired\nby the same employer, that person shall be considered to be newly hired and\nthat person\u2019s term of employment, for subsequent severance pay purposes, shall\nbe considered to have commenced on the date of that person\u2019s recall or rehire.\n43.\nSeverance pay where employer\u2019s business transferred\n43. Where an employee\u2019s employment is terminated upon the transfer in ownership of\nthe business in which that person is employed \u2014\n(a) where without any break in service the employee is offered the same\nemployment by a successor-employer in that same business, or part of\nbusiness, that person is not entitled to severance pay by reason of that\ntermination; and\n(b) where that person accepts such employment with the successor-employer\nthat person\u2019s tenure of employment, for subsequent severance pay\npurposes, shall date from that person\u2019s original hiring by the first of a series\nof predecessor-employers.\n44.\nLiability of predecessor and successor-employers\n44. (1) Where an employee accepts employment with a successor-employer under\nparagraph (b) of section 43 then, in the event of a subsequent termination of that\nemployment by that successor-employer, the successor-employer shall be\nresponsible for the payment of the employee\u2019s severance pay computed on the\nbasis of that person\u2019s full tenure of employment by themselves and all\npredecessor-employers.\n(2) Where an employee\u2019s employment is temporarily terminated with a date of\nrecall given that person less than six months in the future or with no date of\nrecall given that person, and if within six months thereafter the employer\ntransfers that person\u2019s business to another, then (using the standards set forth in\nsection 42) if severance pay subsequently becomes due without the employee\nhaving been recalled, the transferring employer and the person to whom that\nperson\u2019s business was transferred shall be jointly and severally liable for the\npayment of the severance pay plus interest.\n\nSection 45\nLabour Act (2021 Revision)\n\nPage 30\nRevised as at 31st December, 2020\nc\n\n45.\nRecord of hiring dates\n45. (1) Every employer shall maintain an accurate record of the hiring date of each of\nthat person\u2019s employees, together with the dates of all temporary terminations\nand re-employments, and for the purposes of this section the said hiring date\nshall be that on which the employee was first hired, either by the employer or\nby a predecessor-employer.\n(2) Upon the request of any employee, the employer shall make that employee\u2019s\nrecord of hiring available to that person for inspection.\n(3) A person who fails to comply with subsection (1) or (2) commits an offence.\n(4) Where, on the 1st March, 1988, there was no present record of an employee\u2019s\nhiring by virtue of the fact that the requirement of subsection (1) was not in\neffect upon the relevant dates, the employer and the employee shall determine\nthe hiring date by agreement, and in default of agreement the question of the\nemployee\u2019s hiring dates shall be determined under section 46.\n46.\nDetermination of disputes\n46. (1) Should any question arise as to the date of hiring or as to whether or in what\namount severance pay is due to an employee, then the employee, or the\nemployer, or their respective representatives, may seek a resolution of the\nquestion by filing a complaint as to severance pay in writing with the Director.\n(2) Should the question involve a group of employees under similar circumstances\nthey may file a joint complaint.\n(3) Should there be filed at or about the same time a number of complaints raising\nthe same or substantially similar issues, the Director may direct that they be\nconsolidated into a single proceeding.\nPART VI - Retirement\/resignation Allowance\n47.\nRetirement\/resignation allowance\n47. (1) An employee other than a person specified in paragraph (b) of section 25(2) of\nthe National Pensions Act (2012 Revision) and who \u2014\n(a) has worked with that person\u2019s employer for a period of one year or more;\n(b) voluntarily retires or resigns from such employment; and\n(c) is not entitled to a pension under the National Pensions Act (2012\nRevision),\nshall be paid by the employer in addition to any other allowance or monies to\nwhich that person is otherwise entitled a retirement\/resignation allowance equal\nto one week\u2019s wages, at the employee\u2019s latest basic wage, for each completed\ntwelve month period of that person\u2019s employment with that person\u2019s employer.\n\nLabour Act (2021 Revision)\nSection 48\n\nc\nRevised as at 31st December, 2020\nPage 31\n\n(2) In the case of a part time employee that person\u2019s entitlement to a\nretirement\/resignation allowance shall be calculated on the basis of the ratio that\nthat person\u2019s actual hours of employment bear to the standard work week.\n48.\nDetermination of disputes-retirement\/resignation allowances\n48. (1) Should any question arise as to the date of hiring or as to whether or in what\namount the retirement\/resignation allowance is due to an employee, then the\nemployee, the employer, or their respective representatives, may seek a\nresolution of the question by filing a complaint as to retirement\/resignation\nallowance in writing with the Director.\n(2) Should the question involve a group of employees under similar circumstances\nthey may file a joint complaint.\n(3) Should there be filed at or about the same time a number of complaints raising\nthe same or substantially similar issues, the Director may direct that they be\nconsolidated into a single proceeding.\nPART VII - Unfair Dismissal\n49.\nUnfair dismissal: general\n49. (1) This Part shall only apply to an employee who has \u2014\n(a) completed that person\u2019s probation period; or\n(b) in the case of an employee not employed on probationary terms, completed\nthree months of continuous employment with that person\u2019s employer.\n(2) Any termination by an employer of an employee\u2019s employment shall be fair if\nit is within section 50 or 51.\n50.\nTermination after fixed term of employment\n50. For the purposes of this Part, an employee is not unfairly dismissed if that person\u2019s\nemployment is terminated at the expiration of a fixed term specified at the time of\nthat person\u2019s employment.\n51.\nDismissal for good cause\n51. (1) Subject to subsections (2) and (3), a dismissal shall not be unfair if the reason\nassigned by the employer for it is \u2014\n(a) misconduct of the employee within section 52(1);\n(b) that it is under section 52(3), namely misconduct following the receipt of\na written warning;\n\nSection 52\nLabour Act (2021 Revision)\n\nPage 32\nRevised as at 31st December, 2020\nc\n\n(c) that it is under section 53(2), namely failure of the employee to perform\nthat person\u2019s duties in a satisfactory manner following the receipt of a\nwritten warning;\n(d) that the employee was redundant;\n(e) that the employee could not continue to work in the position that person\nheld without contravention (on that person\u2019s or on the employer\u2019s part) of\na requirement of this or any other law; or\n(f)\nsome other substantial reason of a kind which would entitle a reasonable\nemployer to dismiss an employee holding the position which the employee\nheld,\nand under the circumstances the employer acted reasonably.\n(2) Where the reason for the dismissal of an employee was that that person was\nredundant but it is shown that the circumstances constituting the redundancy\napplied equally to one or more other employees in the same undertaking, who\nwere employed to perform work of the kind that person was employed to do and\nwho have not been dismissed by the employer, and \u2014\n(a) that those other employees do not hold the same status as the redundant\nemployee for the purposes of Parts III to V of the repealed Immigration\nLaw (2015 Revision) (Caymanian status, permanent residence and work\npermits); and\n(b) that the redundant employee was selected for dismissal in contravention of\na customary arrangement or agreed procedure relating to redundancy and\nthere were no special reasons justifying a departure from that arrangement\nor procedure in that person\u2019s case,\nthen, for the purposes of this Part, the dismissal shall be regarded as unfair.\n(3) The question whether an employer has acted reasonably for the purposes of this\nPart shall be determined in accordance with equity and the substantial merits of\nthe case having regard to all the circumstances.\n52.\nTermination for misconduct\n52. (1) An employer may terminate forthwith the employment of an employee where\nthe employee has been guilty of misconduct in or in relation to that person\u2019s\nemployment so serious that the employer cannot reasonably be expected to take\nany course other than termination. Such misconduct includes, but is not limited\nto situations in which the employee has \u2014\n(a) conducted themselves in such a manner as clearly to demonstrate that the\nemployment relationship cannot reasonably be expected to continue;\n(b) committed a criminal offence in the course of employment without the\nconsent, express or implied, of the employer;\n(c) behaved immorally in the course of that person\u2019s duties; or\n\nLabour Act (2021 Revision)\nSection 53\n\nc\nRevised as at 31st December, 2020\nPage 33\n\n(d) is under the influence of a controlled drug (other than one lawfully\nprescribed by a health practitioner) or alcohol during the hours of that\nperson\u2019s employment.\n(2) Where an employee commits misconduct in or in relation to that person\u2019s\nemployment that is not sufficiently serious to justify that person\u2019s employer\nterminating that person\u2019s employment under subsection (1) but is such that the\nemployer cannot reasonably be expected to tolerate a repetition, the employer\nmay give the employee a written warning which shall describe the misconduct\nin respect of which the warning is given and state the action the employer\nintends to take in the event of any further misconduct.\n(3) Where an employee has been given a written warning under subsection (2), if\nthat person, within twelve months following the receipt of the written warning,\ncommits misconduct of any kind in relation to that person\u2019s work, the employer\nmay terminate the employment of the employee, or take such other action as\nmay have been specified in the written warning, without further notice.\n(4) For the avoidance of doubt, misconduct includes, but is not limited to,\nabsenteeism.\n53.\nTermination for failure to perform duties in satisfactory manner\n53. (1) Where an employee is no longer performing that person\u2019s duties in a satisfactory\nmanner, the employer may give the employee a written warning which shall\ndescribe in what manner that person\u2019s performance is unsatisfactory and state\nthe action the employer intends to take in the event of continuance.\n(2) Where an employee has been given a written warning under subsection (1), if\nthat person does not, during the period of one month following the receipt of the\nwritten warning, commence performing that person\u2019s duties in a satisfactory\nmanner, the employer may terminate that person\u2019s employment at the end of\nthat one month period, or after the end of that period take such other action as\nmay have been specified in the written warning without further notice.\n54.\nInitiation of proceedings\n54. (1) Should any questions arise as to whether an employee has been unfairly\ndismissed, the employee may seek a resolution of the question by filing a\ncomplaint of unfair dismissal with the Director.\n(2) A complaint under subsection (1) must be filed within ninety days of the date of\ndismissal.\n(3) Should the complaint involve a group of employees under similar circumstances\nthey may file a joint complaint.\n(4) Should there be filed at or about the same time a number of complaints raising\nthe same or substantially similar issues, the Director may direct that they be\nconsolidated into a single proceeding.\n\nSection 55\nLabour Act (2021 Revision)\n\nPage 34\nRevised as at 31st December, 2020\nc\n\n55.\nRemedies for unfair dismissal\n55. (1) Where, upon a complaint of unfair dismissal, a Labour Tribunal has determined\nthat the dismissal was unfair it may order the payment by the employer to the\nperson dismissed of a sum of money by way of compensation for unfair\ndismissal.\n(2) In making an award of compensation under subsection (1), a Labour Tribunal\nshall have regard to \u2014\n(a) the length of the continuous employment of the person dismissed\nimmediately preceding the dismissal;\n(b) the likelihood of the person dismissed finding other comparable\nemployment;\n(c) the salary of the person dismissed immediately preceding the dismissal;\n(d) the period up to the likely retirement age of the person dismissed and any\nentitlement to a pension which that person may then have;\n(e) the degree of unfairness of the dismissal; and\n(f)\nsuch other matters as may be prescribed.\n(3) The amount of an award of compensation under subsection (1) shall not exceed\none week\u2019s wages for each completed year of service.\n(4) In the case of any action before any court in respect of a dismissal for which an\naward has been made under subsection (1), the court shall, in making any award\nof damages, take into account and deduct from the award of damages any sum\nawarded by a Labour Tribunal under subsection (1).\nPART VIII - Health, Safety and Welfare at Work\n56.\nGeneral application\n56. (1) Except as otherwise indicated, this Part applies to all workplaces.\n(2) The Cabinet may, by regulations, extend the application of this Part to such\ninstallations or operations as may not be within the definition of \u201cworkplace\u201d,\nbut to which it appears reasonable to extend it.\n(3) Except where otherwise expressly provided, this Part shall be in addition to, and\nnot in substitution for or diminution of, any other law and of the common law.\n57.\nRegistration of work places\n57. (1) A person who commences to operate a workplace shall, within one month of\nsuch commencement, file with the Director a written notice stating the\nparticulars prescribed in subsection (3).\n\nLabour Act (2021 Revision)\nSection 58\n\nc\nRevised as at 31st December, 2020\nPage 35\n\n(2) Whenever there is a material change in any of the particulars appearing in any\nnotice filed under subsection (1), the person operating the workplace shall,\nwithin one month of it taking place, file with the Director a written notice setting\nforth such change.\n(3) The particulars to be submitted by the operator of a workplace are \u2014\n(a) the name of the operator of the workplace;\n(b) the address and location of the workplace;\n(c) a brief description of the work carried on in the workplace;\n(d) whether machines are used, and, if so, their nature;\n(e) the total number of persons employed in the workplace; and\n(f)\nwhere persons are employed in shifts, the maximum number employed at\nany one time.\n58.\nGeneral duty of employers\n58. Every employer shall ensure so far as is reasonably practicable the health, safety and\nwelfare at work of that person\u2019s employees.\n59.\nHealth\n59. For the purpose of safeguarding the health of persons employed or performing any\nduty therein, the operator of every workplace shall \u2014\n(a) keep it in a clean state;\n(b) keep it from becoming overcrowded;\n(c) maintain a reasonable temperature therein appropriate to the type of work\nbeing performed;\n(d) provide adequate ventilation therein;\n(e) provide adequate lighting therein;\n(f)\nprovide, where appropriate, effective means for draining floors; and\n(g) provide suitable and sufficient sanitary conveniences.\n60.\nSafety\n60. For the purpose of ensuring the safety of persons employed or performing any duty\ntherein, the operator of every workplace shall ensure that \u2014\n(a) adequate measures are taken for the prevention of fire therein;\n(b) adequate means of escape are provided for persons employed therein;\n(c) machinery used therein is operated and maintained in such a manner as to\nbe safe for all employees; and\n(d) any and all buildings comprised in the workplace and all parts thereof are\nof sound construction and properly maintained.\n\nSection 61\nLabour Act (2021 Revision)\n\nPage 36\nRevised as at 31st December, 2020\nc\n\n61.\nWelfare\n61. For the purpose of contributing to the welfare of persons employed or performing any\nduty therein, the operator of every workplace shall ensure that \u2014\n(a) there is an adequate supply of wholesome drinking water;\n(b) such facilities, as are reasonable under the circumstances, for employed\npersons to sit during the course of their employment, are provided and\nmaintained;\n(c) readily accessible first aid equipment is provided and maintained; and\n(d) such other facilities (such as canteens, mess rooms and rest rooms) as are\nreasonable under the circumstances are provided and maintained.\n62.\nSpecial protective measures\n62. It shall be the responsibility of the operator of every workplace to ensure that \u2014\n(a) no person shall be permitted to partake of food or drink in any room where\nany lead, arsenic or other poisonous substance is used;\n(b) suitable goggles or protective screens are provided to protect the eyes of\nany persons employed in a process involving a special risk of injury to the\neyes;\n(c) where a work process involves a reasonable possibility of injury to other\nparts of an employee\u2019s body, suitable protective equipment is furnished;\n(d) where persons are employed in any process involving exposure to wet or\nto any injurious or offensive substance, suitable protective clothing and\nappliances are provided and maintained; and\n(e) where a process involves heat or steam, facilities adequate to protect\nworkers therefrom are provided and maintained.\n63.\nNotification of accidents\n63. The operator of every workplace shall forthwith notify the Director of any industrial\naccident not of a minor nature which occurs within the workplace or to any person in\nthe employment of the operator and also of the occurrence of any occupational disease\namong any person or persons in that person\u2019s employment.\n64.\nDuties of persons employed\n64. (1) Any person employed in a workplace shall make use of all means, appliances,\nconveniences or other things provided under this Act for the health, safety or\nwelfare of employees, to the extent that that person\u2019s employment involves its\nuse.\n(2) No employee shall wilfully interfere with, misuse or damage any such means,\nappliance, convenience or other things provided under this Act.\n\nLabour Act (2021 Revision)\nSection 65\n\nc\nRevised as at 31st December, 2020\nPage 37\n\n(3) No employee shall wilfully and without reasonable cause do anything likely to\nendanger themselves or others.\n(4) All employees shall follow any procedures in respect of any particular\nsubstances or materials prescribed in regulations.\n65.\nRemedial notices\n65. (1) For the purposes of the enforcement of this Part, the Director may, where that\nDirector is of the opinion that any steps are required to be taken by any person\nto ensure compliance with this Part or of any regulations made hereunder, serve\nupon that person a notice, hereafter referred to as a remedial notice.\n(2) A remedial notice shall state the requirement of this Part to which it relates, the\nsteps to be taken and the time within which such steps must be taken.\n(3) Any person served with a remedial notice may appeal against the issue of such\nnotice to the Appeals Tribunal under section 78. Subject to subsection (4), any\nsuch appeal shall operate as a stay of the requirements of the notice pending the\ndetermination of the appeal. Where the notice is upheld the Appeals Tribunal\nshall fix such further time for compliance with the notice as may seem to it\nappropriate.\n(4) Notwithstanding section 78(3), where the Director, after consultation with the\nChief Environmental Health Officer, is of the opinion that there exists an\nimminent danger to the health or safety of employees that Director may state\nthat opinion in the remedial notice, in which case the operation of such notice\nshall not be automatically stayed by reason of any appeal, but any person\nproposing to appeal against the issue of such notice may apply forthwith to the\nGrand Court for a stay of the effect of the notice pending the hearing of the\nappeal, and the Grand Court may grant such a stay upon such terms as may to it\nseem just, including the requirement that any works be carried out or that any\nappeal be brought with specified time limits.\n(5) Without prejudice to the generality of subsection (1), a remedial notice may\nrequire \u2014\n(a) the cessation, immediate or otherwise, of any activity, operation or\nprocess;\n(b) the vacation, immediately or otherwise, of any premises;\n(c) the alteration of any premises or plant; or\n(d) the introduction of such temporary measures as may be expedient pending\nthe institution or completion of permanent measures.\n(6) The Director shall not serve a remedial notice that requires the closure of a\nworkplace unless that Director has first obtained the consent in writing of the\nMinister.\n\nSection 66\nLabour Act (2021 Revision)\n\nPage 38\nRevised as at 31st December, 2020\nc\n\n66.\nOffences against this Part\n66. (1) Any employer who contravenes the general duty imposed by section 58\ncommits an offence.\n(2) Any operator of a workplace who fails to discharge any obligation imposed\nupon that person by section 57, 58, 59, 60, 61, 62 or 63 commits an offence.\n(3) Any employee who contravenes section 64 commits an offence.\n(4) Any person served with a remedial notice who fails to comply with the\nrequirements thereof within the time specified therein, or within such further\nperiod as the Appeals Tribunal may allow under section 65(3), commits an\noffence and is liable on summary conviction to a fine of one thousand dollars\nand to a further fine of one hundred dollars per day for each day on which noncompliance occurs after conviction.\n(5) Where an act or default for which an employer or the operator of a workplace is\nliable is in fact the act or default of some other person, that other person shall\nalso be deemed to have committed an offence and is liable to the same penalty\nas if that person were the employer or operator.\n67.\nResponsibility for enforcement\n67. The Director shall investigate complaints of violations of this Part and, on a regular\nbasis, make routine checks of employers\u2019 compliance therewith.\n68.\nTime for commencement of prosecution\n68. (1) Notwithstanding any other law to the contrary, where, with respect to and in\nconsequence of any accident in a workplace, a report is made by an authority\nappointed to hold a formal investigation under any law, or a coroner\u2019s inquest\nis held, and it appears from the report or from the proceedings at the inquest that\nthis Part or any regulations made hereunder were not complied with at or before\nthe time of the accident, summary proceedings against any person liable to be\nproceeded against in respect of such non-compliance may be commenced at any\ntime within six months after the making of the report or the conclusion of the\ninquest as the case may be.\n(2) A copy of every report with respect to and in consequence of any accident in a\nworkplace which is made by an authority appointed to hold a formal\ninvestigation under any law, shall be sent by that authority to the Director.\n69.\nPower of Grand Court to modify agreements and apportion expenses\n69. In any premises the whole or any part of which has been let or is being used as a\nworkplace \u2014\n(a) where an agreement between the owner and the operator of the workplace\nprevents one or other from making alterations in the premises which are\nnecessary to conform to any requirement or standard imposed by or under\n\nLabour Act (2021 Revision)\nSection 70\n\nc\nRevised as at 31st December, 2020\nPage 39\n\nthis Part or any regulations made hereunder, the Grand Court, upon the\napplication of either party in an action joining the other, may, after a\nhearing, issue an order setting aside or modifying the agreement to permit\nthe making of the necessary alterations; and\n(b) where alterations in the premises are necessary to conform to any\nrequirement or standard imposed by this Part or any regulations made\nhereunder, the Grand Court, upon the application of the owner or the\noperator of the workplace in an action joining the other, may, after a\nhearing, issue an order apportioning the expenses of any such alterations.\n70.\nPower to make regulations\n70. The Cabinet may make regulations prescribing \u2014\n(a) the standards to be achieved in respect of any of the obligations of this\nPart, or the methods required to attain them;\n(b) special conditions, safeguards or procedures to be applied to any particular\nsubstances or materials;\n(c) safety measures to be taken in respect of machinery, either generally or of\nany specified type, including but not limited to the fencing of such\nmachinery or of any parts thereof;\n(d) safety measures to be taken in respect of any process, activity or operation\nof any type whatsoever; and\n(e) substances the use of which is prohibited.\nPART IX - Administration\n71.\nAppointment of Director, Deputy Director and inspectors\n71. (1) There is established a Department of Human Resources, comprising the Director\nof Labour, the Deputy Director and such labour inspectors and other staff as\nmay be necessary for the due administration and enforcement of this Act.\n(2) The Director, Deputy Director, labour inspectors and all other staff of the\nDepartment shall be employed by the Government and their appointment and\nterms and conditions of employment are subject to the Public Service\nManagement Act (2018 Revision) and any regulations made thereunder and to\nthe Personnel Regulations in force from time to time.\n(3) The expenses of establishing the Department of Human Resources and all\nexpenses arising out of or incidental to the performance of its functions shall be\nborne out of the general revenue of the Islands.\n(4) In addition to any other functions conferred on the Chief Officer by or under\nthis Act, the Chief Officer shall \u2014\n\nSection 72\nLabour Act (2021 Revision)\n\nPage 40\nRevised as at 31st December, 2020\nc\n\n(a) provide such services as may be prescribed by regulations for the purposes\nof finding Caymanians employment with employers or supplying\nemployers with Caymanians for employment by them; and\n(b) encourage appropriate training of Caymanians employed or intending to\nbe employed in any employment by \u2014\n(i)\nproviding or facilitating the provision of courses for the training of\nCaymanians;\n(ii) providing information about courses and qualifications in relation to\nany employment;\n(iii) assisting Caymanians in finding facilities for being trained in any\nemployment; and\n(iv) providing such other advice or assistance as may be prescribed.\n72.\nResponsibilities of Director\n72. Whether or not a complaint has been filed the Director shall be charged with securing\nthe proper observance of this Act.\n73.\nPowers of Director, Deputy Director and inspectors\n73. (1) The Director, Deputy Director and any labour inspector shall, for the\nperformance of their functions under this Act have power to \u2014\n(a) enter any workplace without previous notice at any time during the\nworking hours of that particular workplace;\n(b) carry out any examination, test or inquiry which that person may consider\nnecessary to satisfy themselves that this Act is being observed;\n(c) question, alone or in the presence of witnesses, any employer or employee\non any matters concerning the application of this Act; and\n(d) require the production of any records or documents required to be\nmaintained by this Act and to copy or make abstracts of any such records\nor documents.\n(2) The Director, Deputy Director or any labour inspector may institute criminal\nproceedings for any offence under this Act, and may appear before the Summary\nCourt to conduct the prosecution in respect of any such offence.\n74.\nLabour Tribunals\n74. (1) There are established Labour Tribunals for the purpose of hearing complaints\nfrom employers and employees.\n(2) The members of a Labour Tribunal shall be selected from a panel of persons\nappointed by the Cabinet.\n(3) The person or persons constituting a Labour Tribunal shall be appointed by the\nCabinet and where the Labour Tribunal consists of more than one person, the\n\nLabour Act (2021 Revision)\nSection 75\n\nc\nRevised as at 31st December, 2020\nPage 41\n\nCabinet shall designate which of them is to be chairperson and deputy\nchairperson.\n(4) Members of panels appointed under this section shall hold and vacate office\nunder the terms of the instruments under which they are appointed, but may\nresign office by notice in writing to the Cabinet; and any such member who\nceases to hold office shall be eligible for re-appointment.\n(5) A member of the panel who is a member of a Labour Tribunal when that\nperson\u2019s membership of the panel ceases under the terms of the instrument\nappointing that person, shall remain a member of the Labour Tribunal until all\nof the complaints before the Labour Tribunal at that time have been dealt with\nby the Tribunal.\n(6) The Cabinet may, by regulations, provide for the constitution, procedure,\nstaffing and expenses of the Labour Tribunals.\n75.\nProcedure to be followed on a complaint to Director\n75. (1) Upon receipt of a complaint the Director shall, within thirty days, notify the\nemployer concerned, and shall give that person a copy of the complaint and of\nany documents filed in support thereof, and shall invite that person\u2019s written\nrepresentations upon the complaint.\n(2) The Director shall consider the complaint and any representations upon the\ncomplaint made by the employer and make a report on the complaint to the\nLabour Tribunal.\n(3) A report of the Director to a Labour Tribunal may recommend \u2014\n(a) that the complaint be dealt with by a hearing held by a Labour Tribunal; or\n(b) that assistance offered by or on behalf of the Director to the complainant\nand employer, by way of conciliation or by other means, should be pursued\nin lieu of or before any hearing of the complaint by a Labour Tribunal.\n(4) Within twenty-one days after receiving a report from the Director\nrecommending that a Labour Tribunal hold a hearing of the complaint, a Labour\nTribunal shall fix a date for the hearing of the complaint to be held within the\nsecond or third month next following its receipt of the report.\n(5) The date of the hearing shall be notified forthwith to the employee and to the\nemployer, who shall both be invited to attend.\n(6) If any party fails to attend the hearing, a Labour Tribunal shall nevertheless hear\nany other party attending, and shall proceed to consider the case on the basis of\nthe complaint, the hearing and any written representations made by the party\nfailing to attend.\n(7) A Labour Tribunal shall give a reasoned decision in writing within twenty-eight\ndays of the conclusion of the hearing. A copy of its decision shall be delivered\nto all parties invited to attend under subsection (6).\n\nSection 76\nLabour Act (2021 Revision)\n\nPage 42\nRevised as at 31st December, 2020\nc\n\n(8) The decision of a Labour Tribunal upon a complaint shall, subject to section 79,\nbe final and binding between the parties.\n76.\nEnforcement of award of Labour Tribunal\n76. (1) Subject to section 78(3), any refusal to comply with any decision of a Labour\nTribunal\nmade\nunder\nsection 46\n(severance\npay),\nsection 47\n(retirement\/resignation allowance), section 55 (unfair dismissal) or any other\ndecision of a Labour Tribunal mentioned in section 78 is an offence.\n(2) An award made by a Labour Tribunal under section 46 (severance pay) or\nsection 55 (unfair dismissal) may be enforced in like manner to a judgment of\nthe Grand Court for the payment of a sum of money.\n77.\nEstablishment of Appeals Tribunal\n77. (1) There is established an Appeals Tribunal, whose quorum shall be three,\nconsisting of a Chairperson and eight other members for the purpose of hearing\nappeals against decisions of a Labour Tribunal under section 78.\n(2) The members of the Appeals Tribunal are appointed by the Cabinet and hold\noffice for one year, but may be re-appointed from time to time for such further\none year periods as the Cabinet may consider appropriate.\n(3) The Cabinet may appoint two of the eight other members of the Appeals\nTribunal to be Deputy Chairperson, either of whom is authorised to perform all\nthe functions of the Chairperson in relation to the hearing of appeals.\n(4) The Cabinet may, by regulations, provide for the constitution, procedure,\nstaffing and expenses of the Appeals Tribunal.\n78.\nAppeals from decision of Labour Tribunal\n78. (1) Any person aggrieved by \u2014\n(a) any decision of a Labour Tribunal upon a complaint where the award\nexceeds five hundred dollars;\n(b) the service of a remedial notice;\n(c) any decision of a Labour Tribunal that that person\u2019s dismissal was fair;\n(d) any refusal of a Labour Tribunal to register an overtime agreement; or\n(e) any decision of a Labour Tribunal that no award should be made,\nmay, within fourteen days of notification of the decision or service of the notice,\nappeal to the Appeals Tribunal:\nProvided that an employee may appeal an award of less than five hundred\ndollars where that person claims that the award should have exceeded five\nhundred dollars.\n\nLabour Act (2021 Revision)\nSection 79\n\nc\nRevised as at 31st December, 2020\nPage 43\n\n(2) An appeal under subsection (1) is brought by giving notice in writing to the\nChairperson of the Appeals Tribunal.\n(3) The giving of a notice of appeal pursuant to subsection (2) operates as a stay\nupon any award made by a Labour Tribunal.\n(4) The notice of appeal under subsection (2) shall also be served upon a Labour\nTribunal and in the case of an appeal from a decision of a Labour Tribunal upon\na complaint, upon all persons who were invited to appear before a Labour\nTribunal under section 75(6).\n(5) Upon receipt of a notice the Chairperson of the Tribunal shall fix a date for the\nhearing of the appeal, being not less than one month nor more than three months\nfrom the date of that person\u2019s receipt of the notice of appeal, and shall give\nnotice of that date forthwith to the appellant and to all parties who were entitled\nto receive the notice of appeal pursuant to subsection (4).\n(6) All persons entitled to receive the notice of appeal pursuant to subsection (4)\nshall be entitled to appear at and be heard upon the hearing of the appeal, or\nupon any adjourned hearing.\n(7) The Cabinet may prescribe the procedure to be followed at the hearing of an\nappeal under this section, but in default of such prescription the procedure shall\nbe at the discretion of the Chairperson of the Tribunal.\n(8) Within twenty-eight days from the conclusion of the hearing of the appeal the\nTribunal shall reach a decision upon the appeal and shall deliver a notification\nof that decision, together with written reasons therefor, to every party who\nappeared at the hearing of the appeal.\n(9) The decision of the Tribunal upon an appeal shall, subject to section 79, be final\nand binding upon all parties.\n(10) Decisions of a Labour Tribunal and of the Appeals Tribunal under this Act may\nbe made public at the discretion of the respective body and neither any member\nof a Labour Tribunal or of the Appeals Tribunal shall be liable in any Civil Court\nfor any act done or ordered to be done in good faith in the discharge of that\nperson\u2019s functions under this Act, unless it is proved that that person acted\nmaliciously and without reasonable cause.\n79.\nAppeals to Grand Court\n79. (1) An appeal may be made to the Grand Court from a decision of the Appeals\nTribunal upon a point of law only.\n(2) Subject to subsection (1), no decision of a Labour Tribunal or the Appeals\nTribunal shall be open to challenge or review in any Court of Law upon any\ngrounds whatsoever.\n\nSection 80\nLabour Act (2021 Revision)\n\nPage 44\nRevised as at 31st December, 2020\nc\n\n(3) An appeal pursuant to subsection (1) shall not operate as a stay of any award,\norder or decision of a Labour Tribunal or the Appeals Tribunal, or of the effect\nof any notice, unless the Grand Court so orders.\n(4) An application for a stay shall be made by ex parte application.\nPART X - General Penalties and Miscellaneous\n80.\nDiscrimination because of race, etc.\n80. (1) No person (whether an employer or an employee) shall discriminate with respect\nto any person\u2019s hire, promotion, dismissal, tenure, wages, hours or other\nconditions of employment, by reason of race, colour, creed, sex, pregnancy or\nany reason connected with pregnancy, age, mental or physical disability\n(provided their ability to perform the job is not impaired), political belief or the\nexercise of any rights under this or any other Law.\n(2) Subsection (1) shall not be construed as prohibiting the taking of any personnel\naction genuinely related to an employee\u2019s ability to discharge the duties of the\nemployment in question.\n(3) A person who contravenes subsection (1), commits an offence and is liable on\nsummary conviction to a fine of five thousand dollars and to imprisonment for\ntwelve months.\n80A. Worst forms of child labour\n80A. (1) A person shall not \u2014\n(a) hold a child in slavery, servitude or debt bondage;\n(b) require a child to perform forced or compulsory labour;\n(c) subject a child to forced or compulsory recruitment for use in armed\nconflict;\n(d) use, procure or offer a child for prostitution, for the production of\npornography or for pornographic performances;\n(e) use, procure or offer a child for production or trafficking of drugs or for\nactivities which involve the unlawful carrying of, or use of, firearms or\nother weapons; or\n(f)\nsubject to subsection (2), require a child to perform any other work\nprescribed which, by its nature or the circumstances in which it is carried\nout, is likely to harm the health, safety or morals of the child.\n(2) In determining the types of work under subsection (1)(f) for the purposes of\nmaking regulations in accordance with section 85(1), the Cabinet shall consult\nwith organisations representing employers and organisations representing\nworkers and shall have regard to \u2014\n\nLabour Act (2021 Revision)\nSection 81\n\nc\nRevised as at 31st December, 2020\nPage 45\n\n(a) work which exposes children to physical or psychological or sexual abuse;\n(b) work underground, underwater, at dangerous heights or in confined\nspaces;\n(c) work with dangerous machinery, equipment and tools, or which involves\nthe manual handling or transport of heavy loads; and\n(d) work under particular difficult conditions such as work for long hours\nduring the night or work where the child is confined to the premises of the\nemployer.\n(3) Notwithstanding subsections (1)(f) and (2) and section 85, the Cabinet may\nmake regulations to authorise the employment of, or work by, a child of age\nsixteen years or over where the health and morals of the child are fully protected\nand the child has received adequate specific instruction or vocational training\nrelevant to the employment or work.\n(4) A person who contravenes subsection (1) commits an offence and is liable on\nsummary conviction to a fine of twenty thousand dollars or to imprisonment for\na term of five years, or to both.\n(5) In this section \u2014\n\u201cchild\u201d means a person under the age of eighteen years;\n\u201cdebt bondage\u201d means an arrangement whereby a person is forced to pay off a\nloan with direct labor in place of currency, over an agreed or indefinite period;\n\u201cfirearms\u201d means firearms as defined in the Firearms Act (2008 Revision); and\n\u201cservitude\u201d means the state of being a slave or completely subject to a person\nmore powerful.\n81.\nPenalties\n81. (1) A person who commits an offence against this Act or any regulations made\nhereunder for which no other penalty is provided is liable on summary\nconviction for a first offence to a fine of two thousand five hundred dollars and\nto imprisonment for six months, and in the case of a second or subsequent\noffence to a fine of five thousand dollars and to imprisonment for twelve\nmonths.\n(2) Where this Act creates a continuing offence, then in addition to the penalty\nunder subsection (1), a person who commits such an offence is liable to a further\nfine of one hundred dollars for every day or part of a day during which the\noffence has continued.\n82.\nSpecific offences\n82. (1) A person who \u2014\n\nSection 83\nLabour Act (2021 Revision)\n\nPage 46\nRevised as at 31st December, 2020\nc\n\n(a) wilfully makes a false entry in any register, notice, certificate or document\nrequired by, under or for the purposes of this Act or any regulations made\nhereunder to be kept, served or sent;\n(b) wilfully makes or signs a false declaration required by, under or for the\npurposes of this Act or any regulation or order hereunder; or\n(c) knowingly makes use of any such false entry or declaration as aforesaid,\ncommits an offence and is liable on summary conviction to a fine of five\nthousand dollars and to imprisonment for twelve months.\n(2) A person who \u2014\n(a) obstructs or delays the Director, Deputy Director or an inspector in the due\nexercise of any power conferred on that person by or under this Act;\n(b) refuses to answer or falsely answers, any inquiry authorised by or under\nthis Act;\n(c) fails to produce any register, book, document or other record that person\nis required by or under this Act to produce; or\n(d) prevents, or attempts to prevent, any person from appearing before or\nbeing examined by the Director, Deputy Director or an inspector,\ncommits an offence and is liable on summary conviction to a fine of two\nthousand five hundred dollars and to imprisonment for six months, and, in the\ncase of a second or subsequent conviction within two years from the last\nconviction for a previous offence, to a fine of five thousand dollars and to\nimprisonment for twelve months.\n83.\nSpecial provisions as to evidence\n83. Where an entry in a register or record is required to be made by this Act, or any\nregulation made hereunder, by or on behalf of an employer or the operator of a\nworkplace, any such entry shall be admissible against that person in any proceedings\nas evidence of the facts stated in it.\n84.\nService and sending of documents\n84. (1) Any notice, complaint, decision or other document required or authorised to be\nserved under this Act may be served on any person by sending it by prepaid\nregistered post to that person\u2019s last known address, or \u2014\n(a) on any individual by handing it to that person, or by leaving it at that\nperson\u2019s residence;\n(b) on any firm by handing it to any partner thereof, or by leaving it at the\nprincipal place of business of such firm;\n(c) on any limited company by handing it to an officer of the company, or by\nleaving it at its registered office; and\n\nLabour Act (2021 Revision)\nSection 85\n\nc\nRevised as at 31st December, 2020\nPage 47\n\n(d) on the operator of a workplace (even though it be a limited company) in\nany such manner as aforesaid.\n(2) Any such document intended to be served upon the operator of the workplace\nmay be addressed to \u201cthe operator\u201d at the proper address of the workplace\nwithout further name or description.\n(3) Subsections (1) and (2) shall apply (with the necessary modifications) to the\nsending of any documents required or authorised to be sent under this Act.\n(4)  Notwithstanding subsections (1), (2) and (3), any document, information,\nparticulars or other record required to be served, sent, delivered or submitted to\na person under this Act may be sent to that person \u2014\n(a) by electronic means to the e-mail address provided by that person; and\n(b) in the form of an electronic record.\n(5)  The Electronic Transactions Act (2003 Revision) shall apply in respect of an\nelectronic record sent under subsection (4)(b).\n(6)  In this section \u2014\n\u201celectronic\u201d has the meaning assigned to it by section 2 of the Electronic\nTransactions Act (2003 Revision); and\n\u201celectronic record\u201d has the meaning assigned to it by section 2 of the Electronic\nTransactions Act (2003 Revision).\n85.\nGeneral regulation making powers\n85. (1) The Cabinet may make regulations for carrying this Act into effect, for\nprescribing all matters or things which are required or permitted to be prescribed\nunder this Act and, without prejudice to the generality of the foregoing, for \u2014\n(a) prescribing the form of any notice, application, complaint or other\ndocument required by this Act; and\n(b) varying any time periods established or required by this Act.\n(2) Any regulations made under this Act may create offences, the maximum penalty\nfor which shall not exceed that set by section 81.\n86.\nDirections\n86. The Cabinet may give to any officer or statutory authority carrying out a function\nunder this Act directions as to the execution of such function; and where any such\ndirections are given, that officer or authority shall comply with the directions.\n\nSection 87\nLabour Act (2021 Revision)\n\nPage 48\nRevised as at 31st December, 2020\nc\n\n87.\nCabinet\u2019s power to grant extension or exemption\n87. (1) If at any time there has been an earthquake, or there has been or there is an\nimmediate threat of a hurricane, flood, fire, outbreak of pestilence, outbreak of\ninfectious disease or other calamity, whether similar to the aforementioned or\nnot, the Cabinet may, by Order published in the Gazette or any other official\nmeans of Government communication \u2014\n(a)  grant an extension of the period for compliance with, or an exemption\nfrom, any provision of this Act or regulations made under this Act;\n(b)  give the Director the power to issue temporary certificates relating to the\nextension or exemption; and\n(c)  impose conditions and establish procedures for the grant of the extension\nor exemption.\n(2)  An Order made under subsection (1) may \u2014\n(a)  make different provisions in relation to different cases or circumstances;\n(b)  apply in respect of particular persons or particular cases or particular\nclasses of persons or particular classes of cases, and define a class by\nreference to any circumstances; and\n(c) contain such savings, transitional, consequential, incidental or\nsupplementary provisions as appear to the Cabinet to be necessary or\nexpedient for the purposes of the Order.\n(3)  An Order made under subsection (1) may be given retrospective effect.\n\nPublication in consolidated and revised form authorised by the Cabinet this 5th day\nof January, 2021.\nKim Bullings\nClerk of Cabinet\n\nLabour Act (2021 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2020\nPage 49\n\nENDNOTES\nTable of Legislation history:\nSL #\nLaw #\nLegislation\nCommencement\nGazette\n\n56\/2020 Citation of Acts of Parliament Act, 2020\n3-Dec-2020\nLG89\/2020\/s1\n\n35\/2020 Civil Partnership Law, 2020\n4-Sep-2020\nLG64\/2020\/s1\n\n11\/2020 Labour (Amendment) Law, 2020\n28-Apr-2020\nLG30\/2020\/s2\n\n Erratum: Labour Law (2011 Revision)\n19-Sep-2014\nGE69\/2014\/p1\n\n Labour Law (2011 Revision)\n7-Nov-2011\nG23\/2011\/s5\n\n9\/2011 Labour (Amendment) Law, 2011\n15-Mar-2011\nGE23\/2011\/s5\n\n24\/2010 Labour (Amendment) Law, 2010\n2-Aug-2010\nG16\/2010\/s5\n\n Labour Law (2007 Revision)\n23-Jul-2007\nG15\/2007\/s5\n\n21\/2006 Labour (Amendment) Law, 2006\n2-Oct-2006\nG20\/2006\/s3\n\n Labour Law (2001 Revision)\n23-Apr-2001\nG9\/2001\/s4\n\n18\/2000 Labour (Amendment) Law, 2000\n20-Nov-2000\nG24\/2000\/s6\n\n Labour Law (2000 Revision)\n28\/Feb\/2000\nG5\/2000\/s4\n\n10\/1999 Labour (Amendment) (Tribunals) Law, 1999\n6-Jul-1999\nG14\/1999\/s7\n\n Labour Law (1995 Revision)\n10-Jun-1996\nG12\/1996\/s1\n\n10\/1995 Labour (Amendment) Law, 1995\n4-Mar-1996\nG5\/1995\/s4\n\n24\/1993 Labour (Amendment) Law, 1993\n14-Dec-1993\nGE14-Dec\/1993\/s1\n9\/1992\n Labour (Time Variation) Regulations, 1992\n21-Sep-1992\nG19\/1992\/s1\n\n18\/1989 Labour (Amendment) Law, 1989\n26-Feb-1990\nG5\/1990\/s2\n8\/1988\n Labour Law, 1987 (Commencement) Notice, 1988\n15-Feb-1988\nG4\/1988\/p2\n\n30\/1987 Labour Law, 1987\n1-Mar-1988\nG3\/1988\/s3\n\nENDNOTES\nLabour Act (2021 Revision)\n\nPage 50\nRevised as at 31st December, 2020\nc\n\nLabour Act (2021 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2020\nPage 51\n\nENDNOTES\nLabour Act (2021 Revision)\n\nPage 52\nRevised as at 31st December, 2020\nc\n\n(Price: ($10.40)\n\nLabour Act (2021 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2020\nPage 53","akn_extracted_at":"2026-06-22 15:33:38.873086+00","cms_id":"1987-0030","law_type":"principal","year":"1987","number":"30","title":"Labour Act","status":"in_force"},"provenance":{"files":[{"file_id":"5373","expr_id":"427","kind":"akn_xml","filename":"1987-0030_2021 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1987\/1987-0030\/1987-0030_2021 Revision.akn.xml","content_md5":"1798e6ef95f21a99fedd4ac18254bef0","byte_size":"111602","http_last_modified":null,"fetched_at":"2026-06-22 15:33:39.712283+00"},{"file_id":"853","expr_id":"427","kind":"pristine_pdf","filename":"1987-0030_2021 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1987\/1987-0030\/1987-0030_2021 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/1987\/1987-0030\/1987-0030_2021 Revision.pdf","content_md5":"f989bdaaa8b0b0ee6c51d04d527ca226","byte_size":"1098658","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.713751+00"},{"file_id":"854","expr_id":"427","kind":"working_pdf","filename":"1987-0030_2021 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1987\/1987-0030\/1987-0030_2021 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1987\/1987-0030\/1987-0030_2021 Revision.pdf","content_md5":"f989bdaaa8b0b0ee6c51d04d527ca226","byte_size":"1098658","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.713751+00"}],"paragraph_count":79,"latest_history":null},"quality":{"expr_id":"427","doc_id":"427","quality_state":"needs_review","quality_score":"85","needs_human_review":"t","deterministic_categories":"{page_header_footer_noise}","llm_categories":"{truncated_text,page_header_footer_noise,other}","repair_actions":"{manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 2, \"medium\": 1}","finding_summary":"Extraction appears mostly clean but shows truncation at the end of Part V and contains page\u2011header\/footer artifacts plus stray price text; 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