Antigua and Barbuda Labour Code

Link to law: http://laws.gov.ag/acts/chapters/cap-27.pdf
Published: 1975

Antigua and Barbuda Labour Code (CAP. 27 1

CHAPTER 27

THE ANTIGUA AND BARBUDA LABOUR CODE

Arrangement of Sections
Section

DIVISION A

Declaratory

A l . Short title.
A2. Intent underlying enactment.
A3. National policy underlying Code.
A4. Organization and content of the Code.
A5. Interpretation.
A6. Employers and employees affected.
A7. Enforcement against Government as an employer.
A8. Establishment of working condition above minimum

standards in Code.
A9. Access to machinery of Code.
A10. Conflict between provisions and existing law.

b: A1 1. Effective date.

Administration

Short title.
National policy.
Interpretation.
Overall responsibility.
Responsibilities of Labour Commissioner.
Responsibilities of Minister on section B5 referrals

by Labour Commissioner.
Labour Board: its creation, composition, respon-

sibilities, procedures and compensation.
Arbitration Tribunal: its creation, composition,

responsibilities, procedures and .compensation.
Hearing officers.

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Procedures before decisional officer, generally.
Independence of decisional officers.
Remedial powers of decisional officers.
Board of Review.
Responsibilities of Labour Commissioner as to deci-

sions of decisional officers.
Responsibilities of Labour Inspectors.
Duty of secrecy.
Requirements for Regulations, etc., implementing

Code.
Effective date generally.
Preliminary steps re Labour Board.
Preliminary steps re Arbitration Tribunal.
SCHEDULE.

Basic Employment

C 1. Short title.
C 2. National policy.
C3. Interpretation.

Commencement, Elementary Requirements, and
Termination of Employment

Discrimination because of race, etc.
Statement of working conditions.
Conformity with Code generally.
Individual employment contracts.
Probation period.
Employer's notice of termination.
Statements upon termination.
Employee's notice of termination.
Effective date.

Leave Privileges

C 13. Employees' leave rights generally.
C14. Public holiday leave.
C15. Public holiday pay.
C16. Sick leave.
C17. Sick leave pay.

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Antigua and Barbuda Labour Code (CAP. 27 3

C18. Vacation leave.
C 19. Penalties.
C20. Effective date.

Remuneration and Hours of Work

National minimum wage rate.
Minimum wage rates for occupation.
Penalty for not paying minimum wage.
Rest periods; standard work periods; maximum work

hours and exceptions.
Penalties.
Premium pay.
Occasions for premium pay
Penalties and remedies.
Form of wages.
Deductions.
Statement of deductions.
Periods, time and place of wage payments.
Agreements re place and manner of spending wages.
Penalties and workman's right to recover.
Procedure where person other than employer is

responsible.
Work-accounts.
Regulations.
Limitation upon prosecution.
Effective dates.

Severance Pay

Right to severance pay, generally.
Computation of severance pay.
Severance pay, when payable; temporary termina-

tion; payment of interest.
Lowering of pay because of redundancy.
Limitations on severance pay; offer of equivalent

employment.
Liability of predecessor- and successor-employers.
Record of hiring.
Initiation of proceeding.
Preliminary action by Labour Commissioner.
Action by Minister on referral.

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4 CAP. 27) Antigua and Barbuda Labour Code

Dl .
D2.

Formal proceedings.
Review of Hearing Officer's decision.
Penalties for non-compliance.
Regulations.
Effective date.
Recovery of severance pay.

Unfair Dismissals

Right not to be unfairly dismissed.
Termination after fixed term of employment.
Good cause for dismissal; test for measuring same.
Termination for misconduct or failure to perform

duties in satisfactory manner.
Initiation of proceedings.
Preliminary action by Labour Commissioner.
Action by Minister on referral.
Formal proceedings.
Review of Hearing Officer's decision.
Penalties for non-compliance.
Regulations.
Effective date.

Administration and Miscellaneous

Responsibility for inspectors to ensure compliance.
Establishment of higher standards.
Effective date.

Employment Health, Safety and Welfare

Short title.
Interpretation.

Application

D3. General application.
D4. Application to Government work places.
D5. Responsibility where part of the building is separate

workplace.

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Antigua and Barbuda Labour Code (CAP. 27 5

Extension of provisions.
Exemptions.
Non-exclusivity of these provisions.

Minimum Requirements

Registration of workplaces.
Health.
Safety.
Welfare.
Special protective measures.
Duties of persons employed.
Prohibition of deduction of wages.
Issuance of regulations and orders.
Accident and safety programme.

Administration

Responsibility for administration.
Duty to permit entry and furnish means to inspector.
Special powers of inspector.

Offences, Penalties and Legal Proceedings

Offences.
Multiple or continuing offences.
Penalties for specific offences.
Penalties for offences for which no express penalty

provided.
Power to issue regulations includes power to prescribe

penalties for contraventions thereunder.
Power of court to order cause of contravention to be

remedied.
Penalties for persons actually committing offence for

which operator is liable.
Proceedings where inspector or operator believes the

offender to be other than operator.
Prosecution of offences and recovery and applications

of fines.
Special provisions as to evidence.

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6 CAP. 27) Antigua and Barbuda Labour Code

El .
E2.
E3.
E4.
E5.
E6.
E7.
E8.
E9.
E10.
El 1.
E12.
E13.

Service and sending of documents.
Power of Court to modify agreements and apportion

expenses.

Effectiveness, Repeal, etc.

Saving.
Effective date.
SCHEDULE.

Women, Young Persons and Children
(Employment)

Short title.
Interpretation.
Prohibition of employment of children.
Liability of parent or guardian.
Restrictions in employment of young persons.
Registers to be kept.
False certificate or representation as to age.
Equal pay for women.
Liability of agent of employer.
Inspection of premises.
Regulations.
Penalty for contraventions not expressly provided.
Effective date.

Work Permits

Short title.

Application.
Prohibition against employment.
Applications for work permit.
Action upon application for work permit.
Penalty applicable to employees or self-employed

persons.
Penalty applicable to employers.
False statements in application, etc.
Fees.
Regulations.

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Antigua and Barbuda Labour Code (CAP. 27 7

F12. Repeal.
F13. Effective date.
F 14. Transitional.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.

Trade Unions

GI. Short title.
G2. Interpretation

General Principles

Legality of action in pursuance of statutory objects.
Combinations with objects other than statutory

objects.
Suits by and against trade unions.
When trade union cor.tracts not enforceable.
Prohibition of actions of tort against trade unions.
Removal of liability for restraint of trade.
Removal of liability for breaching employment con-

tract, etc.
Promises not to join unions.
Conspiracy in relation to trade disputes.
Limitations on injunctive relief in trade disputes.
Limitations upon responsibility for unlawful acts of

others.
Application of union funds.
Amalgamation of unions.
Membership of minors.
Falsely obtaining or misapplying union effects.
Formation of union.
Subsequent actions.
Filing of collective agreements.
Circulating false copies of rules, etc.
Acts not applicable to unions.

General Principles Applicable to Registered Trade Unions

G23. Ownership of property.

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G24. Absence or disability of trustees.
G25. Limitation of responsibility of trustee.

Miscellaneous

G26. Effective date.

Bargaining Agents Registration

HI. Short title.
H2. Interpretation.
H3. Eligibility of bargaining agents for registration.
H4. Application for registration.
H5. Action upon application for registration.
H6. Principles of conduct for registered trade unions.
H7. Principles of conduct for registered employers

organizations.
H8. Requirements of registered bargaining agents, in

general.
H9. Renewed registration.
H10. Withdrawal or cancellation of registration.
HI 1. Duty of secrecy.
H 12. Regulations.
H13. Additional duties of Labour Commissioner.
H14. Disposition of fees.
H15. Effective date.

Employee-Representation Questions (Resolution)

J1. Short title.
52. National policy.
53. Interpretation.
54. Right of exclusive representation.
55. Method of resolving representation questions,

generally.
J6. Initiation of proceeding.
57. Preliminary action by Labour Commissioner.
58. Action by Minister on referral.
J9. Formal proceedings.
J10. Review by Board of Review.
J l 1. The secret ballot.

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Antigua and Barbuda Labour Code (CAP. 27 9

J 12. Certification by Labour Commissioner.
513 Effect of certification as sole bargaining agent.
J 14. Informal recognition as sole bargaining agent.
J 15. Regulations.
J 16. Effective date.

Industrial Relations (Regulation)

K1. Short title.
K2. Interpretation.

Protection of Self-organizational Rights

Employees' self-organizational rights.
Infringements on employees' self-organizational

rights.
Initiation of proceeding.
Preliminary action by Labour Commissioner.
Action by Minister on referral.
Formal proceedings.
Review of Hearing Officer's decision.
Penalties for non-compliance.
Effective date.

Trade Disputes

K12. General application.
K13. Meaning of major trade dispute.
K14. Initiation of proceeding.
K15. Action of Minister on referral.
K16. Formal proceedings.
K17. Penalties for non-compliance.
K18. Effective date.

Industrial Action

K19. Right to industrial action.
K20. Limitations.
K2 1. Application of limitations.

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10 CAP. 27) Antigua and Barbuda Labour Code

K22. Penalties and sanctions.
K23. Special provisions re certain services.
K24. Effective date.

PART 4

Collective Agreements

K25. Duties of Labour Commissioner re collective
agreements filed.

K26. Parties' intent as to enforceability.
K27. Enforceability of collective agreements.
K28. Effective date.

Administration and Miscellaneous

K29. Regulations.
K30. Effect date.

SCHEDULE.

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Antigua and Barbuda Labour Code (CAP. 27 11

LABOUR CODE

(19th September, 1975.) 1411975.
311976.

S.R.O. 711976.
S.R.O. 4611981.

S.I. 2311982.
S.R.0.45/1984.

711989.
1811989.

DIVISION A

Declaratory

A1. This Act may be cited as the Antigua and Short title.
Barbuda Labour Code and this Division of this Act may
be separately cited as the Antigua and Barbuda Labour
Code (Declaratory) Division.

A2. It is the intent of the Legislature, to bring Intent underlying
enactment. together, insofar as is practicable, all legislation applicable

to employment, employment standards, and industrial rela-
tions in Antigua and Barbuda so that-

(i) employers and employees can more
expeditiously ascertain information as to their
rights and responsibilities;

(ii) persons inside and outside Antigua and
Barbuda considering the investment of funds
in enterprises to be based in Antigua and
Barbuda will have a centralised source of
information as to the rights and responsibilities
of management and of labour; and

(iii) legislation can be more amenable to revision,
when revision is appropriate.

A3. As further amplified in the various Divisions of ~ ; ~ ~ $ ~ ~ ~ ; e .
this Code, it is hereby declared that the following expres-
sions of national policy underlie and shall be used in the
interpretation of the various provisions of this Code:

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12 CAP. 27) Antigua and Barbuda Labour Code

(1) The interests of workers, employers, and the public
should be taken into account and their representative
organizations duly consulted in connection with the formula-
tion and periodic revision of the law relating to labour and
in connection with the resolution of issues arising in the
enforcement of said laws.

(2) Employers should compete on the basis of
managerial efficiency and ability rather than on the basis
of their employees7 working conditions.

(3) The employment conditions of each worker should
be those which, at the least, will enable him to provide himself
and his family with the amenities of life to which all human
beings are entitled.

(4) The employment conditions of workers should be
those which serve to preserve their health, safety, and welfare,
and to prevent industrial accidents.

(5) Workmen should be free to associate with one
another or with a trade union to improve their lot, without
interference, restraint, or coercion.

(6) Equality of bargaining power between employees
and their employer is to be encouraged as a means of
providing a channel of free communication, of equitably
resolving problems related to working conditions, and of
forestalling avoidable interruptions of production.

(7) Government should provide machinery for the
speedy resolution of any question concerning representation
of employees by bargaining agents; and, upon resolution of
any such question, should require employer recognition of
the registered trade union which is the choice of the majority
of the involved employees.

(8) Collective bargaining, free of external interference, is
to be encouraged; but where free collective bargaining fails,
Government should provide machinery for the resolution of
questions whose continued existence may harm the economy
of Antigua and Barbuda.

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Antigua and Barbuda Labour Code (CAP. 27 13

(9) The increase in production and in purchasing power
which will result from the application of the above principles
will benefit workers, employers and consumers and finally
will advance the overall socio-economic level of Antigua and
Barbuda.

A4. (1) This Code is composed of a number of Divi- ~~';"d;'~~d
sions the first constituting a declaratory Division and the code.
other nine Divisions each constituting a Division dealing with
one or more facets of employment and labour relations.

I

(2) The Code is composed of the following Divisions:

(a) bivision A Antigua and Barbuda Labour Code
(Declaratory) Division;

(b) Division B Antigua and Barbuda Labour Code
(Administration) Division;

(c) Division C Basic Employment Division;

(d) Division D Employment Health, Safety and
Welfare Division;

(e) Division E Women, Young Persons, and
Children (Employment) Division;

03 Division F Work Permits Division;
(g) Division G Trade Unions Division;

(h) Division H Bargaining Agents' Registration
Division;

(i) Division J Employee-Representation Questions
(Resolution) Division; and

6) Division K Industrial Relations (Regulation)
Division.

A5. In this Code unless the context otherwise re- Interpretation.
quires, or the particular Division otherwise specifies-

"Arbitration Tribunal" means the body established by
section B8 and each member thereof may be refer-
red to herein as a "Code Arbitrator";

"bargaining agent" or "bargaining representative"
means the person, organization, or trade union duly

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14 CAP. 27) Antigua and Barbuda Labour Code

designated or authorized to represent either
employer or employees in negotiating the working
conditions of employees; in negotiating the terms
of a collective agreement embodying said condi-
tions and, if such agreement is reached, to execute
the same; in administering said agreement on behalf
of its respective principal; and, generally, in
representing its respective principal for the life of
its designation or authorization on all matters
relating to said conditions of work;

6 6 bargaining unit" means that group of employees in
relation to whom collective bargaining is, or could
appropriately be, carried on between an employer
or his bargaining agent and a bargaining agent of
such group of employees;

"Code" means the Antigua and Barbuda Labour Code;
6 6 collective agreement'' means any contract between an

employer or his bargaining agent and a group of
employees or their bargaining agent, governing the
working conditions of such employees;

"Comptroller of Customs7' means the officer for the
time being lawfully discharging the duties of Com-
ptroller of Customs or anyone authorized by him
in writing to act on his behalf.

"conditions of work" or "conditions of employment"
refers to the elements of hire and termination of
employment; to the remuneration, hours, duties
and the surrounding terms of employment; and to
all other factors directly related to the employment
arrangement;

"Division" means a Division of this Code;

"employee" means any person who enters into or works
under or stands ready to enter into or work under,
a contract with an employer, personally to perform
any services or labour, whether the contract be oral
or written, expressed or implied; and the term in-
cludes a person whose services or labour have been
interrupted by a suspension of work during a period
of leave, temporary lay off, strike, or lockout, as

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Antigua and Barbuda Labour Code (CAP. 27

well as an apprentice whose services or labour may
be designed primarily to train such apprentice; but
the term does not include established employees of
the Government;

" employer" means any person, including any of his
representatives, who contracts for or stands ready
to contract for the services or labour of an employee
and the term includes any body of persons corporate
or incorporate;

6' employers' association7', means any organization in
which employers participate, and which exists for
the purpose, in whole or in part, of dealing with
trade unions on behalf of employers over condi-
tions of work; and the term covers any such
organization registered under Division H (thereby
acquiring various rights and privileges under this
Code) as well as those not registered thereunder
(thereby only subjecting them to the duties and
responsibilities imposed by the Code);

'6 employment contract" means any contract, whether
expressed or implied and whether written or oral,
whereunder it it agreed that one person (the
employee) will perform certain services for another
(the employer); and the term shall include any in-
denture or contract of apprenticeship;

"essential service" means one of the services specified
in the Schedule to Division K;

"established employee" means a Civil Servant or a per-
son employed by the Government whose salary is
paid from or out of personal emoluments included
in the Official Estimates of Antigua and Barbuda;

6' grievance" means any complaint or expression of
dissatisfaction whether or not justified, on the part
of employees or employers, or their bargaining
agents, concerning existing working conditions; and
the term includes any failure to honour a term of
a contract of employment;

"industrial action" means any strike or lockout;

"Labour Commissioner" means the Chief Public Officer
of the Labour Department;

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Cap. 292.

"lockout" means an employer's closing of an enterprise
or business place, his suspension of work, or his
refusal to continue to employ any number of his
employees, with a view toward inducing or com-
pelling employees directly, indirectly, or through
their bargaining agent, to accept conditions of
employment which he has offered, which offer has
been rejected; and the term includes such action
designed to induce or compel the acceptance by the
employees, or their bargaining agent, of another
employer of conditions of employment which he
has offered but which have been rejected;

"Minister" means the Minister responsible for
administering the respective provisions of this Code;

"National Labour Board" means the body established
by section B 7 ;

" newspaper" shall have the meaning assigned thereto
by section 2 of the Newspaper Surety Act.

"non-established employee" means a person who is
employed by the Government whose wage or salary
is paid from or out of funds other than personal
emoluments included in the Official Estimates of
Antigua and Barbuda;

"registered bargaining agent" means a bargaining agent
who has been registered under Division H;

" requirements", "obligations", or "provisions",

include the requirements, obligations, or provisions
of any regulations or orders made under this Code;

"Schedule" means Schedule to the Division of this Code
within which the reference occurs;

"strike" means a partial or total withdrawal of services
from an employer by two or more of his employees,
in concert or pursuant to a common understanding,
or at the request or upon the order of their bargain-
ing agent, either ( a ) as a protest against a condi-
tion of work or employer action related thereto,
or ( 6 ) as a device to induce or compel their
employer, or his bargaining agent, to accept con-
ditions of employment which they have requested,

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Antigua and Barbuda Labour Code (CAP. 27 17

which request has been refused; and the term
includes such action designed to induce or compel
the acceptance by another employer, or his bargain-
ing agent, of conditions of employment which his
employees have requested, which request has been
refused; and the term further includes picketing
related to working conditions and/or labour rela-
tions, generally, whether by employees or non-
employees and whether or not signs are carried or
posted and whether or not literature is being
distributed;

"trade dispute" (or "industrial dispute7 ') means any
disagreement between employer and workers or
between worker and worker over conditions of
employment, the engagement or non-engagement
or termination or suspension of employment of one
or more workers, the allocation of work as between
workers or groups of workers, the terms or inter-
pretation of a collective agreement, or any other
matter relating to the employer-employee relation-
ship, which disagrement has led, or may lead, to
an interruption of employment by lockout or by
strike;

< < trade union" means any organization in which
employees participate, and which exists for the pur-
pose, in whole or in part, of dealing with employers
on behalf of employees over conditions of work;
and the term covers both such organizations as are
registered under Division H (thereby acquiring
various rights and privileges under this Code) as
well as those not registered thereunder (thereby only
subjecting them to the duties and responsibilities
imposed by the Code);

6 L wages" means any money or other thing paid or con-
tracted to be paid, delivered, or given at periodic
intervals, as recompense, reward, or remuneration
for services or labour done or to be done;

"working conditions" is used synonymously with "con-
ditions of work", and

L c workman" is used synonymously with "employee".

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Employers and
employees
affected.

Enforcement
against
Government as
an employer.

Establishment
of working
conditions above
minimum
standards in
Code.

Access to
machinery of
Code.

CAP. 27) Antigua and Barbuda Labour Code

A6. ( 1 ) To the extent that provisions of this Code
apply to employers, they shall apply to all employers
operating or doing business in Antigua and Barbuda,
including the Government as the employers of its non-
established employees; but they shall not bind the Govern-
ment as the employer of its other employees.

(2) To the extent that provisions of this Code apply to
employees, they shall apply to all employees of employers
operating or doing business in Antigua and Barbuda,
including the non-established employees of the Government;
but they shall not apply to-

(a) established employees of the Government;

( b ) persons in the naval, military, or air forces of
the Government;

(c) the Police Force;

(d) persons holding the status of diplomatic agents;
or

(e) persons employed by the United Nations or its
specialised agencies.

A7. To the extent that the Government as an
employer is in contravention of any provisions of this Act or
any regulations or orders thereunder, which contravention is
described therein as an offence carrying with it a liability
upon summary conviction to a term of imprisonment or a
fine, the court shall issue an order declaratory of the rights
of the parties.

A8. Nothing herein shall be construed as prohibiting
an employer, either unilaterally, by individual contract with
an employee or with employees, or by collective agreement
with employee representatives, from establishing working
conditions more advantageous to employees than those
minimum standards which are set forth in this Code.

A9. Bargaining agents, whether employers' associa-
tions or trade unions, shall not have access to the machinery
provided under this Code if they do not possess a current
certificate of registration under Division H.

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Antigua and Barbuda Labour Code (CAP. 27 19

AlO. To the extent that there may be conflict be- Conflict between
provisions and

tween any provision of this Code and any provision of existing .,iSting law.
law not specially repealed in one or another of the Divisions
herein, the applicable provision of this Code, as of its effec-
tive date, shall prevail over said provision of existing law.

A . The provisions of this Division shall become Effective date.
effective immediately upon enactment.

Administration

B1. This Division may be cited as the Antigua and Short title.
Barbuda Labour Code (Administration) Division.

B2. It is hereby declared that the following principles National policy.
shall govern the administration of the Code:

(1) Responsibilities shall be futed, so that administrators,
employers and employees and their representatives, and the
general public shall know wherein the responsibility for the
administration of each provision lies.

(2) Voluntary adjustment or settlement of issues,
without formal action by the administrators, is to be
encouraged; and any such adjustment or settlement, unless
clearly contrary to the purposes of the Code or of any of
the Divisions, shall be accepted as dispositive of the issues
thus adjusted or settled.

(3) Uniform procedures, to the extent practicable, shall
be established and publicized.

(4) Where standards or criteria are set forth in one or
another provision of the Code, they shall be adhered to in
the administration thereof.

(5) Administration of the Code shall be speedy.

(6) To the extent practicable, all actions taken by
administrators of the Code shall be recorded in writing and,
except where they are self-evident, reasons for the actions
shall be set forth in such writings.

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CAP. 27) Antigua and Barbuda Labour Code

(7) Actions of administrators of the Code shall be
publicized to the extent practicable:

Provided, however, that nothing herein should be con-
strued as requiring that the efforts of said administrators to
secure voluntary adjustment or settlement of issues, or the
actions or statements of parties engaged therein, shall
necessarily become matters of public knowledge.

(8) Persons to whom the administration of one or other
of the provisions of the Code is entrusted shall act, in con-
nection therewith, impartially and without interference.

Interpretation. B3. In this Division, unless the context otherwise
requires-

"Board of Review" means the three members of the
Labour Board who have been selected to sit in
review of any matter as specified in section B 13;

"decisional officer" means the Code Arbitrator or Ar-
bitrators or the Hearing Officer to whom a matter
has been referred for formal handling under sec-
tion B 6 (2) (6) and includes the members of the
Labour Board if and when they are acting on a
Board of Review under section B 13;

"formal handling" means the decisional process to which
a matter is subjected pursuant to section B 6 (2)
(6); it commences with the order of referral and con-
cludes with the issuance and delivery of a decision
or, if there is any request for a review thereof, with
the decision on review;

"infringements" refers to acts which may be deemed
to be violative of employees' self-organizational
rights, as covered by Part I of Division K;

'6. ~nspector" means a Labour Inspector within the
Labour Inspection Service of the Labour
Department;

"major trade dispute" is a trade dispute as described
in section K 13;

" recognition-question" refers to any employer's obliga-
tion or non-obligation to treat with the collective
bargaining agent of his employees;

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" representation-question"refers to any question arising as

to the employees' choice of bargaining agent, as cov-
ered by Division J;

< ' severance pay" means the right to remuneration,
and/or the amount thereof, which may be possess-
ed by an employee upon the termination of his
employment under certain circumstances, as
covered by Part 4 of Division C; and

"unfair dismissals" refers to terminations of employ-
ment which may be deemed to be unfair dismissals
covered by Part 5 of Division C.

B4. Except where otherwise specified in this Code, overall
responsibility. the Minister shall be responsible for the administration of

the provisions of this Code; but in discharging this respon-
sibility he may delegate authority to perform such acts as
do not call for the exercise of his personal discretion.

B5. (1) The Labour Commissioner shall be respon- Responsibilities
of Labour

sible for the administration of such provisions of the Code ~ommiss~oner .
as are assigned him therein and in addition, as are assigned
him by the Minister.

(2) In addition to his other duties, he shall receive and
cause to be recorded all questions, complaints, petitions, or
notifications with respect to employer-employee relations in
Antigua and Barbuda, and he shall take the preliminary steps
thereon, namely-

(a) Upon receipt of any such question, complaint,
petition, or notification, he shall investigate the matter
and shall make every effort to dispose of the issues rais-
ed therein by voluntary adjustment or settlement, the
terms of which adjustment or settlement are not clearly
repugnant to the principles and purposes of the Code;
and in pursuance thereof-

(i) he may request the parties to meet with him,
jointly or severally;

(ii) he may request the parties to state the facts
as they know them and to set forth their respec-
tive positions on the issues;

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2 2 CAP. 27) Antigua and Barbuda Labour Code

(iii) he may request the parties to present witnesses
to facts and he may, sua sponte, examine any
person as to the matter, alone or in the
presence of others, at his discretion; and

(iv) he may utilize the processes of mediation or
conciliation, or any other device designed to
facilitate voluntary adjustment or settlement.

(b) Failing to achieve voluntary adjustment or set-
tlement, he shall transmit the matter, with a full report
thereon, to the Minister.

(3) In addition to his other duties, he shall act as ex-
ecutive secretary for the National Labour Board created
hereinbelow, for any decisional officer to whom a matter has
been referred for formal handling under section B 6 (2) (c)
and for any Board of Review. As such-

(a) he shall ensure that the records of all pro-
ceedings are maintained; and

(b) he shall ensure that all reports and decisions
are appropriately disposed of.

(4) In addition to his other duties, he shall, to the extent
practicable, hold himself ready to assist in the resolution of
any question arising out of employer-employee relationships
in Antigua and Barbuda, whether or not it arises by virtue
of the provisions of this Code.

Responsibilities
of Minister on

B6. (1) In addition to his other duties, the Minister,
Section B5 upon receipt of a report of the Labour Commissioner trans-
referrals by mitted under section B 5 (2) ( b ) , shall himself attempt to
Labour
Commissioner. achieve voluntary adjustment or settlement of the matter by

taking whatever steps he deems appropriate.

(2) Failing to achieve voluntary adjustment or
settlement-

(a) he may refer the matter back to the parties for
private negotiations or resort to any machinery for
resolving the issues which they have established or may
establish, or for the pursuit of any legal action which
may be available to them;

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Antigua and Barbuda Labour Code (CAP. 27 23

(6) he may refer the matter to the proper authorities
if he believes prosecution for the commission of an
offence is indicated; or

(c) he may refer the matter for formal handling
to a decisional officer who, under the Code, is vested
with the responsibility of hearing and deciding such
matter:
Provided that-

(i) the referral is in writing;

(ii) the referral is transmitted to the Labour Com-
missioner and copies are served on the parties
concerned;

(iii) the referral specifies the provisions under which
the matter shall be heard; and

(iv) if any matter involving an issue which under
this code, is to be heard by an Arbitration
Tribunal, the referral as a whole shall be to
the Arbitration Tribunal.

B7. (1) A National Labour Board is hereby created Labour Board:
its creation,

composed of representatives, in equal numbers, of the composition,
Government, employers, and employees, selected as follows- responsibilities,

procedures, and

(a) four members representing Government, one
member each nominated by the Ministers responsible
for labour, for planning, for agriculture and for
education:
Provided that the Labour Commissioner may not be
nominated as a member;

(6) four members representing employers
nominated by employers or employers associations
designated by the Minister;

(c) four members representing employees
nominated by employees associations or trade unions
designated by the Minister,

who shall out of their own numbers have such person as
chairman as the Minister may designate, who shall preside
at all meetings of the National Labour Board and who shall
himself designate another member to act as chairman in his
absence.

(2) The National Labour Board, shall meet in plenary
session at least once per year and at other times-

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24 CAP. 27) Antigua and Barbuda Labour Code

(a) upon the instruction of the Minister transmit-
ted to the chairman, which instruction shall set forth
the purposes thereof, the chairman shall issue a call for
a special meeting; setting forth the purposes therefor; or

(b ) upon receipt of the written request of at least
one third of its members transmitted to its chairman,
which request shall set forth the purposes thereof, the
chairman shall issue a call for a special meeting, setting
forth the purposes thereof.

(3) (a ) It shall be the principal responsibility of the
National Labour Board periodically to review the Code
in the light of the development, economic and social
needs of Antigua and Barbuda and to advise the Minister
on the need for changes in said Code.

(b) In addition, members of the National Labour
Board shall serve as a Board of Review as specified in
section B 13 and shall discharge such other respon-
sibilities as are assigned it in this and other Divisions
and as are assigned to it by the Minister.

(4) (a) Advance notice of any meeting of the National
Labour Board, and a statement of the purposes of such
meeting, shall be sent to each member and be posted
by the Labour Commissioner upon the bulletin board
of the Labour Department, there to be maintained for
a period of not less than ten days prior to the opening
of the meeting, and he shall also cause it to be publish-
ed at least one week previously in all newspapers publish-
ed in Antigua and Barbuda.

(b) Persons wishing to be heard on the subject of
a scheduled meeting of the National Labour Board may
file a notice of same with the Labour Commissioner at
least 24 hours in advance of said meeting.

(c) The National Labour Board, to the extent prac-
ticable, shall listen to anyone wishing to be heard on
the subject of a particular meeting; but it may limit the
time of any such speaker or it may require that the
presentation be in writing.

(4 In addition, the National Labour Board may
call upon any Government Department for assistance
in ascertaining facts with respect to the subject of a

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Antigua and Barbuda Labour Code (CAP. 27 2 5

meeting; and it may call upon persons unconnected with
Government for assistance therein.

(e) The absence of one or more members of the
National Labour Board with respect to any of its
deliberations shall not affect the validity thereof:
Provided that not less than two members representing
Government, two members representing employers and
two members representing employees shall constitute
a quorum.

Cf) The results of the deliberations of the National
Labour Board on any matter shall be incorporated in
a written report addressed to the Minister containing
recommendations and the reasons for such recommen-
dations; and, with respect to any such report, specially
concurring, minority, or dissenting reports may be
prepared. --

&) The National Labour Board's report and any
specially concurring or minority or dissenting report,
shall be transmitted to the Minister by its executive
secretary.

(h) The executive secretary of the National Labour
Board shall cause said report and any specially concur-
ring or minority or dissenting report to be published
in the Gazette within ten days of said transmission; and
he shall thereupon cause a copy of said issue of the Gazette
to be posted on the Labour Department bulletin board
for a period of ten days.

(5) ( a ) The National Labour Board shall be an
Honorary Body, and each of its members shall be award-
ed, for each year or fraction thereof of service thereon,
an appropriate Certificate of Service signed by the
Minister.

(6 ) No member shall be given nor shall he accept
financial remuneration for these services by the Govern-
ment or by any other party; except that he may be given
and he may accept the renumeration for services he
would have been rendering during the time spent on
National Labour Board business, from the person or
persons, including the Government, for whom such ser-
vices would have normally been rendered; and he shall

LAWS OF ANTIGUA AND BARBUDA

Arbitration
Tribunal: its
creation,
composition,
responsibilities,
procedures, and
compensation.

CAP. 27) Antigua and Barbuda Labour Code

be given and he may accept from the Government an
allowance for any travel and travel subsistence expenses,
to be fixed by the Minister after consultation with the
Financial Secretary.

(c) Any person who offers or any member who
accepts financial remuneration contrary to paragraph
(b) shall be guilty of an offence and liable on summary
conviction to a fine of fifteen hundred dollars.

( 6 ) Each member shall hold office at the pleasure of
his nominator.

B8. (1) There is hereby created an Arbitration
Tribunal to hear and determine any major trade dispute
whose membership shall consist of not less than seven and
not more than eleven Code Arbitrators at all times to be
selected as follows-

(a ) Applications or nominations for membership
on the Arbitration Tribunal, submitted by anyone, shall
be considered, at special meetings called for the pur-
pose, by the National Labour Board, who shall
thereupon report to the Minister the results of its
deliberations, including the extent of the affirmative and
negative votes on any application or nomination.

(b) After receiving the National Labour Board's
report on its deliberations, as described in paragraph
(a) , the Minister shall select the members of the
Arbitration Tribunal.

(2) It shall be the responsibility of the Code Arbitrator
or a Panel of Code Arbitrators, as the case may be, selected
as prescribed in section K 16, to hear and determine major
trade disputes referred under section B6 (2) ( c ) .

(3) In said hearing and determination, the Code
Arbitrator or Panel of Code Arbitrators may be assisted by
assessors designated by the parties to the dispute:

Provided that-

(a) the number of assessors designated by each
party shall not exceed the number of Code Arbitrators
designated to hear and determine the trade dispute; and

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Antigua and Barbuda Labour Code (CAP. 27

( b ) the validity of the hearing and determination
of a trade dispute shall be unaffected by the failure of
any party to the dispute to 'designate the assessoi-s to
which it is entitled or by the failure of any designated
assessor to assist in the hearing or determination.

(4) The hearing shall take place as soon as possible
after referral, but, the Code Arbitrator or the Panel of Code
Arbitrators, as the case may be, may call the parties into pre-
hearing conference for the purpose of narrowing issues.

( 5 ) At the hearing, the parties may present evidence
on the issues; may argue orally; and may thereafter, in the
discretion of the Code Arbitrator or Panel of Code
Arbitrators, as the case may be, submit briefs within a time
period set by him or them, as the case may be.

(6) Within the time provided by the applicable provi-
sion, the Code Arbitrator or Panel of Code Arbitrators, as
the case may be, shall make a determination of the trade
dispute.

(7) The determination of the trade dispute shall be
made by the Code Arbitrator or, in the case of a Panel of
Code Arbitrators, by a majority of the members of such
Panel; and such determination shall be incorporated in a
decision issued by the Code Arbitrators or Panel of Code
Arbitrators, as the case may be, as follows-

( a ) The decision shall be in writing.

(b ) The decision shall contain findings of facts, with
explanations therefor in the event of conflicting evidence.

( 6 ) The decision shall contain a determination of
all relevant issues presented, with the underlying reasons
therefor.

(8) Whenever more than one Code Arbitrator has been
designated to hear and determine a trade dispute and any
vacancy occurs in their number, the remaining members
may, with the consent of the parties, act notwithstanding
such vacancy; and such consent given, no act, proceeding,
or determination of the remaining members shall be called
into question or invalidated by reason of any such vacancy.

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2 8 CAP. 27) Antigua and Barbuda Labour Code

(9) ( a ) Code Arbitrators may or may not be employees
of the Government and need not be citizens or residents
of Antigua and Barbuda. With respect to matters refer-
red to them for formal handling under section B6 ( 2 )
(c) , they shall receive a token remuneration from the
Government on an ad hoc basis i.e. for time actually
spent as a result of such referrals, plus an allowance
for any travel or travel subsistence expenses, said
renumeration and allowance to be set by the Minister,
after consultation with the Minister responsible for
Finance.

( b ) The Code Arbitrators may, at their discretion,
hold themselves out as available for the hearing and
determination of trade disputes which are not referred
for formal handling under section B6 (2) (c) but with
respect to which the parties, by agreement, seek a hear-
ing and determination by a Code Arbitrator or panel
of Code Arbitrators. In such cases, as a service to the
parties and only to the extent practicable, the Labour
Commissioner shall make the necessary arrangements
in accordance with the wishes of the parties, but the
compensation and travelling allowance, if any, of the
Code Arbitrators shall be paid by the parties.

(c ) Assessors who participate in the hearing and
determination of a trade dispute, as provided in subsec-
tion (3) shall be compensated, if at all, by the respec-
tive parties by whom they have been designated.

( 1 0 ) Each Code Arbitrator shall hold office for a term
of five years, except that his incumbency shall end earlier if-

( a ) he resigns; or

( 6 ) he is removed from office by z Court order for
good cause unrelated to the exercise of his decisional
processes, and he shall be eligible for re-election, under
the procedures specified in subsection ( 1 ) .

(1 1) The Arbitration Tribunal is hereby empowered to
issue regulations covering its procedures which are not
inconsistent with the provisions of this Code.

Hearing officers. B9. ( I ) Any question, petition, charge or complaint
concerning severance pay as covered by Part 4 of Division

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Antigua and Barbuda Labour Code (CAP. 27 29

C hereof, concerning alleged unfair dismissals as covered
by Part 5 of Division C hereof, representation questions as
covered by Division J hereof or infringements as covered by
Part 1 of Division K hereof, which shall have been referred
for formal handling as provided in section B 6 (2) ( c ) , -herein,
shall be heard and determined.-by--a--Hkai-ing Officer.

.... .-.

( 2 ) The Hearing Officer shall be the Labour Commis-
sioner or, in his discretion, his appointee from the Labour
Relations Service of the Labour Department.

( 3 ) The Hearing Officer may, in his discretion, call the
parties into pre-hearing conferences, for the purpose of
narrowing issues.

(4) At the hearing, the parties may present evidence
on the issues; may argue orally; and may thereafter in the
discretion of the Hearing Officer, submit briefs within a time
period set by him.

(5) Within the time provided by the applicable provi-
sion, the Hearing Officer shall issue his decision in the
matter-

(a) The decision shall be in writing.

(6) The decision shall contain findings of facts, with
explanations therefor in the event of conflicting evidence.

(c) The decision shall contain a determination of
all relevant issues presented, with the underlying reasons
therefor.

(6) In the absence of a request for review within
the time specified therefor, the Hearing Officer's deci-
sion shall become final.

(6) The Hearing Officer's decision shall be subject to
review by a Board of Review, under the procedures laid down
in section B 13.

(7) Hearing Officers under this section, who are fdt ime
employees of the Government, shall receive no extra
remuneration for services rendered as Hearing Officers.

(8) The Minister is hereby empowered to issue regula-
tion covering procedures before Hearing Offlcers and Boards

LAWS OF ANTIGUA AND BARBUDA

3 0 CAP. 27) Antigua and Barbuda Labour Code

of Review under this section which are not inconsistent with
the provisions of this Code.

before B1O. The following shall be applicable to matters
decisional officer,
generally. referred for formal handling under section B 6 ( 2 ) (c) , whether

by a Code Arbitrator or panel of Code Arbitrators or by
a Hearing Officer:

(1) Decisional officers shall adhere to the time limits
if any, set by the relevant provisions of this Code; failing
this, they may be subject to Court Order upon an appropriate
application.

( 2 ) Parties may be represented before any decisional
officer by themselves, by a legal practitioner, or by a rep-
resentative of a registered employers association or registered
trade union, or by any other person of their choosing.

(3) Admissibility of evidence before a decisional officer
under this Code shall not be determined by the formal rules
of evidence; all evidence sought to be introduced which is
relevant to any issue before said body shall be received;

Provided, however, that-

( a ) no evidence shall be received as to statements
made or acts performed in connection with attempts to
settle the issues by informal agreement; and

( b ) the parties, or their representatives, may pre-
sent, and the decisional officer shall consider, arguments
as to the probative value of evidence received, even
though such arguments are based, in whole or in part,
on principles underlying the formal rules of evidence.

(4) (a) The decisional officer, either sua sponte or upon
request of any party, shall be empowered to issue sum-
monses requiring the attendance and testimony of
witnesses and the production of any documents described
therein, in the form prescribed in the Schedule.

( 6 ) Upon a petition to revoke a summons calling
for the production of documents filed by the summon-
ed person not more than five days after service of the
summons, the decisional officer shall revoke such sum-
mons if in his opinion the documents whose production

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 3 1

is required do not relate to any of the issues in the matter,
the documents are not described in the summons with
sufficient particularity, or there is other good cause for
the revocation.

(6) All persons summoned to attend and give
evidence or to produce documents before a decisional
officer-

(i) shall be bound to obey any summons served
upon them which has not been revoked;

(ii) shall be entitled to the same rights and
privileges as a witness before a court of law;
and

(iii) shall be entitled to be paid their expenses, by
the party summoning or requesting the sum-
moning including travelling expenses at the
rates prescribed for witnesses attending the
Supreme Court:

Provided that, for good cause, the
decisional officer may disallow such expenses,
in whole or in part.

(6) Any person who-

(i) without sufficient cause, fails or refuses to
attend before a decisional officer in response
to a summons issued under this subsection,
or fails or refuses to produce any document
which he is required by such summons to
produce;

(ii) being a witness, leaves the hearing without the
permission of the decisional officer;

(iii) being a witness, refuses without sufficient cause
to answer any question put to him by or with
the permission of the decisional officer; or

(iv) wilfully or unlawfully obstructs or interrupts
a proceeding before a decisional officer;

shall be liable on summary conviction to a fine of seven
hundred and fifty dollars and to imprisonment for
three months.
(5) If any question arises as to the interpretation of any

decision of a decisional officer, any party to the matter may
apply to said officer for a resolution of the question, and

JAWS OF ANTIGUA AND BARBUDA

32 CAP. 27) Antigua and Barbuda Labour Code

his decision thereon, rendered with or without a further hear-
ing, within his discretion, shall be deemed to form a part
of and shall have the same effect as the original decision.

Independence of
dccisional

B 1 . (1) Each decisional officer, with respect to the
officers. issues referred for formal handling shall hear and decide the

issues without supervision or guidance and in such respect-

( a ) He shall not be given, and he shall not accept,
ex parte arguments, advice, or other communications
regarding such issues.

( 6 ) No one shall supervise him (not even one who
may be his supervisor as to his duties other than as a
decisional officer) in connection with his conduct of a
hearing, his consideration of evidence and arguments
presented to him, or the decision he renders on the
issues.

( 6 ) No one shall promise or give him any reward
and no one shall threaten him with or cause him to suffer
any reprisal in connection with his handling of any issue
formally referred to him.

(4 No one shall give him and he shall not accept
or receive any reward or benefit in connection with his
handling of any issue formally referred to him, either
before, during, or subsequent to his handling thereof.

(e) No one shall require him to answer any ques-
tions as to the mental processes in which he engaged
in arriving at his conclusions in any matter referred to
him for formal handling, beyond that which is contain-
ed in his written decision.

(2) Decisional officers shall withdraw from, and they
shall not, directly or indirectly, participate in any matter
in which they may have a personal interest, financial or other-
wise; nor shall they directly or indirectly participate in any
matter in which, although they have not personal interest
therein, the surrounding circumstances create an appearance
of personal interest.

(3) Any one who contravenes the requirements of this
section shall be guilty of an offence and shall be liable on

LAWS OF ANTIGUA AND BARBUDA

Ant2gua and Barbuda Labour Code (CAP. 27 33

summary conviction to a fine of three hundred dollars and
to imprisonment for one month.

B 12. (1) A decisional officer, in his decision, is Remedial powers
of decisional

empowered to impose whatever remedies are considered officers.
appropriate in the matter and in particular-

(a) in a severance pay matter, he may order the
payment of a sum of money found due;

(b) in an unfair dismissal matter, he may order the
payment of a sum of money equal to loss of wages sus-
tained and, in addition thereto he may also order the
reinstatement of the person dismissed or the payment
of a sum of money in lieu of such reinstatement;

(6) in an employee-representation matter, he may
direct that a secret ballot be conducted to resolve the
question;

(d) in an infringement case, he may-

(i) order that conduct found to be unlawful be
terminated and/or not repeated in the future;

(ii) order that a collective agreement found to be
unlawfully executed be cancelled;

(iii) order reinstatement or hiring to specified
employment, with or without the payment of
a sum of money equal to wage losses sustain-
ed; and/or he may order the payment of a sum
of money in lieu of reinstatement or hiring if
he deems the option justified;

(iv) order the reimbursement to employees of trade
union initial payment, regular membership
subscription, or service fee payment;

(v) order that an employer recognize a registered
trade union as sole bargaining agent within
the definition of section 54; and

(vi) order the execution of a collective agreement
with specified terms, or the exclusion or
inclusion of specified terms in an existing col-
lective agreement;

(e) in any case-

LAWS OF ANTIGUA AND BARBUDA

CAP. 27) Antigua and Barbuda Labour Code

(i) in connection with his order to pay a sum of
money, he shall order that interest be paid
thereon if required by the provisions of this
Code; and he may order that interest be paid
although not required by the Code if justified
by the circumstances;

(ii) he may issue any order, either retrospective
or prospective in nature including directions
as to the time within which an order shall take
effect as called for by the circumstances; and

(iii) he may issue any other remedial order
including an order for reinstatement which is
relevant to the issues and is just and reasonable
on the merits of the case.

(2) An order may run against an employer or a union,
or against both jointly and severally, whichever is
appropriate.

Board of B 13. (I) As specified in this Code, a Board of Review
shall, upon request of a party filed within the period specified
therein, conduct a review of administrative decisions.

(2) Each Board of Review shall consist of three members
of the Labour Board, selected on an ad hoc basis, as follows:
Upon receipt of a request for review on a matter which the
Code makes reviewable by a Board of Review, the Labour
Commissioner shall notify the Chairman of the Labour
Board, who shall forthwith select, from among the members
thereof, one representative each of Government, employers,
and employees to act as the Board of Review on the matter.

(3) The Board of Review-with the Government
representative as its Chairman-shall consider the matter;
may, in its discretion, set down the matter for oral argu-
ment before it by the parties; and shall, as soon as is prac-
ticable, issue its decision on review, setting forth therein its
conclusions and its reason therefor.

(4) The decision of a Board of Review shall be that of
a majority of its members.

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Antigua and Barbuda Labour Code (CAP. 27 3 5

(5) If there be no majority decision as to any issue, the
determination of that issue in the decision being reviewed
shall stand.

B14. ( 1 ) As executive secretary for each of the de- Responsibilities
of Labour cisional officers referred to in this Division, the Labour Com- ~ommiss;on,, as

missioner shall cause the decisions of said officers to be gcf;jf,9"s of
properly served upon the parties. officers.

(2) He shall cause a copy of each such decision to be
posted upon the Labour Department's bulletin board for a
period of at least ten days; and he shall cause such decision
to be published in the Gazette.

(3) He shall cause each such decision to be printed in
the Annual Report of the Labour Department or in an
appropriate annex thereto.

B15. ( 1 ) Labour Inspectors, within the Labour Responsibilities
of Labour

Inspection Section and under the supervision of the Labour I ~ ~ ~ ~ ~ ~ ~ ~ .
Commissioner, shall be responsible for the enforcement of
such requirements of this Code as are assigned to them herein
and as are assigned them by the Minister from time to time.

(2) In the discharge of such responsibilities, an inspec-
tor has power to do any or all of the following things, whether
or not a complaint of a violation of any provision herein
has been filed-

(a) to enter without previous notice and inspect and
examine, at any time, any premises to ascertain whether
the provisions of this Code or any regulations or order
issued thereunder, have been or are being complied with;

( 6 ) to question, either alone or in the presence of
any other person, as he thinks fit, with respect to matters
covered by this Code, any person whom he finds on
such premises; or any person whom he has reasonable
cause to believe to be or to have been employed therein
within the preceding three months, and to require such
person to be questioned and to sign a declaration of
the truth of matters respecting which he is so questioned:

Provided, however, that no one shall be required under this
provision to answer any questions or give any evidence ten-
ding to incriminate himself;

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3 6 CAP. 27) Antigua and Barbuda Labour Code

( c ) to require the production of registers,
certificates, notices, documents or other records the keep-
ing of which is required under the provisions of this
Code, and to inspect, examine, and copy any of them;

(d) in the case of an inspector who is a duly
qualified medical practitioner to direct that any person
working or employed therein submit to a medical
examination by a medical practitioner of his choice to
determine whether the provisions of this Code have been
or are being complied with;

(e) to enforce the posting of notices required by the
Code; and

Cf) to exercise such other powers as may be
necessary for implementing this Code:

Provided that, when visiting any premises or questioning
any person in connection with the exercise of such powers,
an inspector shall, upon request, produce and display his
certificate of appointment as Labour Inspector.

(3) O n the occasion of an inspection visit, inspectors
shall notify the employer or his representative, and the
workers or their representative of their presence, unless they
consider that such notification may be prejudicial to the per-
formance of their duties.

D U ~ Y of secrecy. B16. (1) No inspector or other person, without the
permission of the employer concerned, shall disclose inform-
ation with respect to any manufacturing process or trade
secret which he has obtained in the course of the performance
of his duties pursuant to this Code, except to the extent that
such disclosure within the Labour Department is necessary
to the performance of such duties.

(2) No inspector or other person shall disclose or imply
to any employer, or to any other person, except to the extent
that disclosure within the Labour Department is necessary
for the proper performance of his duties, the source of the
complaint, if any, which initiated an investigation of com-
pliance with any provision of this Code.

(3) Any inspector or other person who fails to comply
with the provisions of this section shall be guilty of an offence

Antkua and Barbuda Labour Code (CAP. 27 37

and liable on summary conviction to a fine of seven hundred
and fifty dollars and to imprisonment for three months.

B 17. Any regulations or orders which are issued Requirements for
regulations, etc. under any Division of this Code- implementing
Code.

(i) shall be published in the Gazette; and

(ii) shall be posted for a period of at least ten days
after issuance upon the Labour Department's
bulletin board.

B 18. The provisions of this Division shall become Effective date
generally. effective upon enactment with the special qualifications noted

in sections B19 and B20.

B19. With respect to the formation of the Labour P,"t,"bE;$:zg
Board created in section B7, the following preliminary steps
shall be taken-

(1) Within ten days after the enactment of this Code
the Minister shall, within the limitations contained in sec-
tion B7, make his determination as to what persons or
organizations are entitled to nominate members of the Labour
Board along with the number of members each such person
or organization may nominate; and the announcement of
such determination shall appear in the Gazette and on the
bulletin board of the Labour Department.

(2) Within the ten days following the publication of said
announcement in the Gazette and on the bulletin board of
the Labour Department any person or organization may file
with the Labour Commissioner a protest to any feature of
the determination, which protest shall be in writing and shall
set forth the reasons therefor.

thin ten days after the close of the period for the
filin f3) of W. protests, the Minister shall call a meeting of the
protestors and those who might be affected by a determina-
tion of the protests, at which meeting he shall hear any
arguments in support of the respective parties' positions.

(4) At that meeting or any adjournment thereof the
Minister shall dispose of the protests and, if necessary, shall
announce his revision of the determination made under

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38 CAP. 27) Antigua and Barbuda Labour Code

subsection (1); and the revision made shall be given the same
publicity as that specified in subsection (2).

(5) The Minister's determination under subsection (1)
as it may be revised under subsection (4) shall be final.

(6) Upon said determination, as revised, those entitled
to nominate members of the Labour Board may do so.

(7) Ten days after the announcement of the said deter-
mination, as revised-whether or not those entitled to
nominate members have done so-the Labour Board shall
be considered a functioning body with all of the powers and
responsibilities set forth in Section B7.

Preliminary steps B20. With respect to the formation of the Arbitra-
re Arbitration
Tribunal. tion Tribunal created in section B8, the following preliminary

steps shall be taken-
(1) Within ten days after the enactment of this Code,

the Minister shall, within the limitations contained in sec-
tion B8, make a determination as to the minimum qualifica-
tions required of persons for membership on the Tribunal
and as to the emoluments of the position of Code Arbitrator;
and the announcement of such determination shall appear
in the Gazette and on the bulletin board of the Labour
Department.

(2) Immediately thereupon, the Labour Commissioner
will solicit the applications or nominations for Code
Arbitrators, both within and outside Antigua and Barbuda
by publication, in the press; by notification to the appropriate
sections of other Governments, to universities, to associa-
tions of labour arbitrators or conciliators, and to employers'
associations and trade unions; and by any other reasonable
means.

(3) As applications and nominations are received, the
Labour Commissioner shall ascertain whether each appli-
cant or nominee is willing and available to serve; shall request
of each such person a resume of personal information rele-
vant to the position; and shall, to the extent practicable, make
inquiries as to the relevant experience, abilities, and reputa-
tion of each such person.

(4) Within 40 days after the enactment of this Code
a special meeting of the Labour Board called under the pro-

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 3 9

visions of section B7 (2) (6, shall be held to consider the
applications and nominations thus far received, at which
meeting the Labour Commissioner shall make available to
the Labour Board the information he has procured in accor-
dance with subsection (3). The results of the Labour Board's
deliberations shall be reported to the Minister as required
by section B8 (I) , and he shall make selections as provided
in section B8 (1) (6).

(5) There shall be such additional special meetings of
the Labour Board as are necessary, until at least seven
Arbitrators shall have been selected as members of the
Arbitration Tribunal.

(6) When at least seven Code Arbitrators have been
selected as members of the Arbitration Tribunal, then, and
then only, shall the Tribunal be considered a functioning
body with all of the powers and responsibilities set forth in
section B8.

SCHEDULE

S. B10

SUMMONS

Under section B10 of the Labour Code (Administration) Divi-
sion of the Antigua and Barbuda Labour Code.

To [insert name of person summoned and his occupation
and address].
...........................................................................

At the request of [insert name of party at whose request
the summons is being issued].

You are hereby summoned to appear before [insert name(s)
and title-either Code Arbitrator, panel of Code Arbitrators,
or Hearing Officer]
...........................................................................

in the matter of [insert names of disputing parties].
...........................................................................

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40 CAP. 27) Antigua and Barbuda Labour Code

At [insert place of hearing] on the day of
19 , at [insert a.m. or p.m.].

to give evidence respecting such matter

[If witness is to produce document(s), add] And you are
required to bring with you and produce [here, describe
documents required].
...........................................................................

You are liable to a penalty if you disobey this summons.

Given under my hand this day of 19

Signed
[name and title of decisional officer]

Basic Employment

Short title. C 1. This Division may be cited as the Basic Employ-
ment Division.

National policy. C2. It is hereby declared that the following expres-
sions of public policy underlie and shall be used in the inter-
pretation of the various provisions of this Division-

(1) Every workman should know what his job consists
of, what his working conditions shall be, and, if his employ-
ment be terminated, the reason therefor.

(2) Every workman is entitled to reasonable breaks in
employment, whether because of physical disability or for
rest and rehabilitation.

(3) Every employment ought to provide at least that
wage which will ensure a minimum standard of living.

(4) In the interests of spreading employment oppor-
tunities and of preventing industrial accidents, there must
be a reasonable limitation upon working hours of employees;

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Antigua and Barbuda Labour Code (CAP. 27 41

(5) T o the extent that circumstances dictate that work-
hours be reasonably extended, premium remuneration ought
to be received therefor.

(6) As an individual works at a job, he gradually earns
an equity therein above and beyond his periodic wages,
privileges, and allowances; and the maintenance of this equity
requires protection.

C3. In this Division, unless the context otherwise Interpretation.
requires-

"basic wage" means that part of an employee's
remuneration for services which is payable in
money for his normal hours of work;

" gratuities" means remuneration, in money, received
by an employee from customers, whether directly
or through an employer and whether individually
or shared with fellow-employees;

6 ' gross wage" means the total remuneration for services
received in money, in kind, and in privileges or
allowances, including gratuities and premium pay;

"hours of work" means the period during which an
employee's services are under control of his
employer, whether or not work is available for him
throughout the period, and it includes all rest, meal,
or break periods of fifteen minutes or less but
excludes all such periods in excess thereof;

"normal hours of work" means those hours of work
for which no premium pay is due under the provi-
sions of section C 27;

" predecessor-employer" , in relation to the employment
of a person as it affects that person's right to
severance pay, as covered in Part 4, is one who,
in consequence of a change occurring in the owner-
ship of an undertaking or in the part of an under-
taking in which that person is involved, is no longer
the employer of that person;

" premium pay" has the meaning assigned thereto by
section C 26;

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42 CAP. 27) Antigua and Barbuda Labour Code

"redundancy" means a situation in which, by virtue
of a lack of customers orders, retrenchment, the
installation of labour-saving machinery, an
employer's going out of business, a force majeure,
or any other reason, tasks which a person was last
employed to perform no longer exist;

"substantially equivalent employment" means employ-
ment at work which, although not identical to that
which is the basis of comparison, requires similar
skills, affords relatively similar prospects of progres-
sion, and pays a relatively equal wage; and

L ' successor-employer" , in relation to the employment
of a person as it affects the person's right to
severance pay as covered by Part 4 hereof, is one
who, in consequence of a change occurring in the
ownership of an undertaking or in that part of the
undertaking in which the person is involved, has
become the new employer of that person.

Commencement, Elementary Requirements,
and Termination of Employment

Discrimination c4. (1) No employer shall discriminate with respect
because of race,
etc. to any person's hire, tenure, wages, hours, or any other con-

dition of work, by reason of race, colour, creed, sex, age
or political beliefs:

Provided, however, that this shall not be construed as
forbidding the taking of personnel actions genuinely related
to that person's ability to discharge the duties of the employ-
ment in question.

( 2 ) Anyone who contravenes'the requirements of subsec-
tion (1) shall be guilty of an offence and on summary con-
viction shall be liable to a fine of three thousand dollars and
to imprisonment for twelve months.

Statement of
working

C5. (1) Every person who employs another shall,
conditions. within 10 days of such employment, furnish said employee

with a written statement which shall set forth-

(a) the general responsibilities and related duties
for which the employee is being employed;

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Antigua and Barbuda Labour Code (CAP. 27 43

(6) the regular hours of work, and rest periods;

(6 ) the starting pay, and method of computing
same;

(4 the term of employment, if other than
indefinite;

(e) the period of probation, if any;

Cf) the employee's leave and vacation privileges;
and

(g) his obligations, if any, imposed under section
J 13.

(2) With respect to persons currently employed on the
effective date of this provision, each employer shall, within
ten days after such effective date, furnish each of said per-
sons with a written statement which shall set forth-

(a) the general responsibilities and related duties
for which the employee is currently employed;

(6) the regular hours of work, and rest periods;

( 6 ) the current pay, and method of computing
same;

(d) the remaining term of employment, if other
than indefinite;

(e) the remaining period of probation, if any; and

Cf) the employee's leave and vacation privileges.

(3) With respect to either a newly engaged employee
or one already employed as of the effective date of this pro-
vision, each employer shall either post a copy of any current
agreement between the employer and a trade union setting
forth the working conditions of such employee or he shall
give said employee a copy thereof.

(4) Whenever, subsequent to the giving of a statement
under subsection ( 1 ) or (2), the employer, whether by necessi-
ty or otherwise, desires to change, in any relevant respect,
the general responsibilities and related duties of the involv-
ed employee as set forth in said statement, he shall, at or
about the time he effectuates any such change, furnish the

LAWS OF ANTIGUA AND BARBUDA

44 CAP. 27) Antigua and Barbuda Labour Code

said employee with a new written statement amending and
making appropriate revisions in the original statement, and
whenever, subsequent thereto, the employer desires to make
additional changes in any relevant respect, he shall, prior
thereto, furnish said employee with a written statement fur-
ther amending the last one furnished; but nothing therein
shall be construed as permitting an employer to change work-
ing conditions in violation of section C6 or C7.

Conformity with C6. An employer shall not provide employment, and
Code generally. an employee may not accept employment, under terms and

conditions which do not conform to the provisions of this
Code.

Individual
employment

C7. It shall be lawful for an employer and employee
contracts. to enter into an individual contract of employment, cover-

ing terms of employment, but-

(i) any provision thereof which establishes con-
ditions which fall below the minimum employ-
ment standards established by this Code shall
be null and void;

(ii) any provision thereof which requires that the
employee refrain from associating with other
employees or with a trade union for collective
bargaining purposes shall be null and void; and

(iii) any provision thereof which, to the employee's
disadvantage, conflicts with the terms of a col-
lective bargaining agreement in effect between
the em~lover and a trade union which is the

1 J

sole bargaining agent of the bargaining unit
of which the employee is a part, within the
definition of section 54, shall be null and void.

Probation period. C8. (1) A new employee's probation period may not
exceed 3 months in duration, unless there is provision for
a greater period in a collective agreement between an
employer and a registered trade union acting as sole bargain-
ing agent for all employees in an appropriate bargaining unit.

(2) During his probation period, an employee shall be
given reasonable training in the duties of the position for

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 45

which he was hired, and shall be kept informed of his
progress.

(3) During his probation period, an employee's employ-
ment may be terminated without any reason being given
except in infringement of his self-organizational rights as set
forth in Part I of Division K.

C9. (1) An employer may, without advance notice, Employer's
notice of terminate the employment of any person who has engaged ter,in,,io,,

in misconduct related to his work within the limitations of
section C59 (1) or (2).

(2) With respect to a person who has been engaged for
a specified term of employment of less than one week's dura-
tion, the employer need give no further notice of his inten-
tion to terminate said employment at the end of the specified
term, unless the terms of his employment specify otherwise.

(3) In all other cases, the employer must give advance
notice to the affected employee of an intention to terminate
that person's employment, as follows-

(a) with respect to an employee within his proba-
tion period, an employer must give at least 24 hours
advance notice of his intention to terminate said
employee's employment.

( b ) with respect to all other employees, the period
of said advance notice shall be at least equivalent to the
interval of time between the affected employee's
paydays;

(c) in no case need the period of said advance notice
exceed 30 days unless an employment contract calls for
a longer notice period.

(4) 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 he pay the employee a sum equivalent to that
which he would have paid if the employee had worked
throughout the period.

(5) If the employer has not exercised the option pro-
vided in subsection (4), he may require the employee to

LAWS OF ANTIGUA AND BARBUDA

CAP. 27) Antigua and Barbuda Labour Code

render his normal services until the effective date of termina-
tion under the notice, at the regular wage last being receiv-
ed by said employee:

Provided, however, that during said period the involv-
ed employee shall be entitled as far as is practicable, to a
reasonable amount of time off without loss of pay in order
to seek other employment.

(6) An employer having given due advance notice to
terminate employment and not having exercised the option
provided in subsection (4), shall be discharged of any obliga-
tion to pay the involved employee's regular wage if and when
said employee voluntarily quits his employment prior to the
effective date of termination under the notice.

Statements upon
termination.

CIO. (1) Upon the termination by an employer of
any person's employment subsequent to the expiration of
the latter's probation period, the employer shall, upon a re-
quest beingmade by ;he employee within seven dais of ter-
mination or notice thereof furnish forthwith to said employee
a written statement of the precise reason for the action.

(2) The employer shall, upon request of the terminated
employee furnish a certificate specifying the dates of his
engagement and termination and the type of work on which
he was employed.

(3) An employer who furnishes a statement or certificate
required by subsection (1) or (2) respectively, shall be con-
clusively bound by the contents therein in any proceeding
testing the fairness of the dismissal as covered by Part 5 herein
or his liability for severance pay covered by Part 4 herein.

(4) An employer who fails to furnish either the state-
ment or the certificate shall be estopped from introducing
testimony as to facts which might have been recited in said
statement or certificate, in any proceeding testing the fairness
of the dismissal or his liability for severance pay whichever
is applicable.

Employee's
notice of

c 1 . (1) An employee who has been engaged for a
termination. specified term of employment and who intends to quit his

employment at the end of the specified term need give no
advance notice of such intention unless the terms of his
employment contract specify otherwise.

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Antigua and Barbuda Labour Code (CAP. 27 47

(2) All other employees must give advance notice to their
employers of an intention voluntarily to quit employment,
namely-

(a) an employee, during his probation period, shall
give at least 24 hours advance notice of such intention;

(b) with respect to any other employee, the period
of said advance notice shall be at least equivalent to the
interval of time between the affected employee's
paydays; except that, in no case need the period of said
advance notice exceed 30 days unless an employment
contract specifies otherwise.

(3) Failure of an employee to give sufficient advance
notice as required herein may subject him, at the employer's
option, to dism~ssal prior to the date that he intended volun-
tarily to quit by the number of hours or days by which the
employee's notice fell short of the required period of advance
notice.

(4) Having received due advance notice from his
employer of an intention to terminate his employment, an
employee may not, unless said employer has exercised his
option to terminate said employment earlier than the intended
time and to pay wages in lieu thereof under the provisions
of section C 9(4), quit his employment prior to the effective
date of the notice under pain of losing his pay for the lost time.

C 12. The provisions of this Part shall become effec- Effective date.
tive sixty days after enactment thereof.

PART 2

Leave Privileges

C 13. Every employee who has passed his probation :;&OY:;':;
period shall be entitled to certain leave privileges during the
course of his employment.

C14. (1) Subject to subsection (2) no employee shall Public
leave.

be obliged to work on a public holiday except in emergency
situations.

(2) The Minister may, by Order published in the Gazette,
exempt certain industries and enterprises, or certain parts

LAWS OF ANTIGUA AND BARBUDA

Public holiday
Pay.

Sick leave.

CAP. 27) Antigua and Barbuda Labour Code

thereof, from the requirements of subsection (1) on such terms
and conditions as he may think fit.

C15. (1) If an employee does not work on a public
holiday he shall suffer no loss of pay, that is, he shall be
paid the basic wage he would have received for work per-
formed on that day had it not been a public holiday, provid-
ed he has worked his scheduled work day immediately before
and his scheduled work day immediately after the said public
holiday.

(2) If an employee does work on a public holiday he
shall be paid, in addition to any wage which he would have
received in respect of the public holiday, an hourly rate of
not less than 150 per centum of this basic rate per hour
worked.

(3) Should an employer cause an employee to work on
a public holiday in conformity with any Order made under
section C 14(2) he shall pay said employee such amount as
may be prescribed by such Order and in such manner as
may be therein prescribed.

C 16. Each employee is entitled to leave on workdays,
or parts thereof, during which he is ill or otherwise physically
incapacitated for work:

Provided, however, that-

(i) said leave shall be taken only in connection
with actual illness or other physical incapacita-
tion for work, evidence of which, in the form
of a doctor's certificate or other satisfactory
means, must be furnished by the involved
employee upon request of the employer on or
after the third consecutive day of any such
leave; and

(ii) in the event that, in the opinion of his
em~lover. the extent of such leave taken

I , '

renders the employee unfit to continue in his
employment and the employer terminates the
employment therefor, the employee's right to
severance Dav and the fairness of the termina-

A ,

tion or either may be determined under Part
4 or 5 of this Division.

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Antigua and Barbuda Labour Code (CAP. 27 49

C 17. Each employee, for at least the first twelve days Sick leave pay.
of sick leave taken during any twelve consecutive months,
calculated from the date of commencement of employment
and any anniversary date thereof, shall be entitled to that
basic wage, and the employer shall give him that basic wage,
which he would have received had he worked on those days.

C 18. (1) Each employee who has successfully pass- vacation leave.
ed his probationary period shall be entitled to, and each
employer shall give him, vacation leave without loss of at
least the basic wage, including the cash equivalent of
payments in kind, he would have received had he not taken
the leave, in an amount of at least one day per month of
employment.

(2) Said vacation leave shall be above and beyond and
shall not include any public holiday leave as covered by sec-
tions C 14 and C 15, any sick leave as covered by sections
C 16 and C 17, or any daily or weekly non-work periods as
covered by section C24.

(3) The dates of the taking of earned vacation leave shall
be fixed by agreement between employer and employee.

(4) By mutual agreement the employer may advance
leave not yet earned.

(5) By mutual agreement earned vacation leave ex-
ceeding six days need not be taken in an unbroken time
period.

(6) An employer shall not compel an employee to forego
the taking of earned leave even though he pays; in lieu thereof,
the wage the employee would have received had he taken
the leave.

(7) Any person whose employment is terminated for
any reason shall thereupon receive in respect of every day
of vacation leave due him the remuneration for each such
day as provided in subsection (1).

C 19. (1) Any employer who contravenes the provi- Penalties.
sions of section C14, C15, C17 or C18 shall be guilty of an

LAWS OF ANTIGUA AND BARBUDA

CAP. 27) Antigua and Barbuda Labour Code

offence and, upon summary conviction, shall be liable to a
fine of seventy-five dollars.

(2) If the Court is satisfied that, by reason of the of-
fence, the employer owes any employee a sum of money,
it may render a judgment for this sum, with or without
interest, which judgment shall be enforceable as any judg-
ment in a civil action.

Effective date. C20. The provisions of this Part shall become effec-
tive sixty days after enactment.

Remuneration and Hours of Work
National
minimum wage

C21. (1) No person shall employ anyone to perform
rate. labour or services at a basic wage less than that which shall

be established by the Minister after recommendations made
to him by a Minimum Wage Advisory Committee specially
appointed by him to investigate the conditions of work, extent
of unemployment, the cost of living, and the general condi-
tions of the economy in Antigua and Barbuda.

(2) Subject to the provisions hereunder, the Minister
may make rules prescribing the powers, duties, and procedure
of such Committee.

(3) The Committee shall consist of equal numbers of
such employers and employees and representatives of such
other interests in the economy as the Minister deems
appropriate, one of whom shall be designated by the Minister
as Chairman.

(4) The Committee shall have full power to investigate
the conditions of employment in respect of the occupation
within its terms of reference and to make recommendations
as to the minimum rates of wages which should be payable
therein.

(5) The Committee may, at any time it deems expe-
dient to do so, call in the aid of one or more assessors, special-
ly qualified in the opinion of the Committee in the matter
under investigation.

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Antigua and Barbuda Labour Code (CAP. 27 5 1

(6) Any person may, by written notice signed by the
Chairman of the Committee, be required-

(a) to attend any meeting of the Committee and
give evidence under oath or otherwise;

(6) to produce at any such meeting any document
which, in the opinion of the Committee, is relevant to
the matter under investigation; and

(c) to furnish such particulars as may be required
by the Committee:

Provided that, if any- witness declines to answer any
question or produce any document on the ground that
it will tend to incriminate him or on any other lawful
ground, he shall neither be required to answer such ques-
tion or produce such document nor be liable for any
penalties for refusing to $0 so.

(7) Any person who wilfully fails to comply with a notice
addressed to him under subsection (6) or without lawful
excuse fails to answer any relevant question or to produce
any relevant document, shall be guilty of an offence and liable
on summary conviction to a fine of seventy-five dollars.

(8) All questions arising at any meeting of the Com-
mittee shall be determined by a majority of votes of all
members, including the Chairman, who are present; and
no such determination of the Committee shall be considered
invalid by reason of any vacancy or absence among the
members.

(9) The Committee shall issue interim reports of
deliberations with recommendations, if requested by the
Minister and, as soon as possible after the conclusion of its
deliberations, a final report, with recommendations. These
reports shall be addressed and delivered to the Minister, along
with specially concurring, minority, and dissenting reports,
if any.

(10) Giving full consideration to the recommendations
of the Minimum Wage Advisory Committee, the Minister
shall thereupon issue an Order prescribing the minimum
basic wage payable for employment in Antigua and Barbuda.

JAWS OF ANTIGUA AND BARBUDA

5 2 CAP. 27) Antigua and Barbuda Labour Code

(1 1) The Minister may vary the provisions of any such
previous Order, but only with like advice and in the like
manner.

(12) Each employer must post said minimum wage rates
upon a board on which notices to his employees are
customarily posted.

Minimum wage
rates for C22. (1) Whenever the Minister deems it necessary
occupation. to take steps to regulate the wages paid in any occupation,

he shall appoint a Minimum Wage Advisory Committee to
investigate the conditions of work in such occupation and
to make recommendations as to the minimum basic wage
which should be payable therefor.

(2) With respect to any such Committee appointed, the
provisions of section C 21(2) to (9) inclusive shall apply.

(3) Giving full consideration to the recommendations
of said Committee, the Minister may thereupon issue an
Order prescribing the basic minimum basic wage payable
for each such occupation and each level within such
occupation.

(4) The Minister may, .with like advice and in like man-
ner, revoke or vary the provisions of any previous Order.

(5) In any establishment in which any such minimum
occupational wage rates are applicable the employer must
post said rates upon a board upon which notices to his
employees are customarily posted.

Penalty for not C23. (1) Where a minimum basic wage has been fix-
paying minimum
wage. ed under section C 21 or C 22, an employer who fails to

pay said wage rate shall be liable on summary conviction
to a fine of three hundred dollars and in the case of a second
or subsequent conviction to a fine of seven hundred and fifty
dollars.

(2) Where an employer has been convicted for failure
to pay the minimum basic wage rate to any person employed
by him, then, if notice of intention so to do had been served
upon him with the summons, warrant, or complaint, evidence
may be given of any failure on the part of the employer to

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 53

pay wages at or above the minimum rate to that employee
during the two years immediately preceding the date on which
the information was laid and, on proof or admission of the
failure, the Court may order the employer to pay to the
employee such sums 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 ten per cent interest per annum from the date any wage
was due until it is paid:

Provided however that the power given in this subsec-
tion shall not be in derogation of any right of the person
employed to recover wages in any other proceeding, and that
the person employed shall not be entitled, by a combination
of this and any other proceeding, to recover more than the
sum of the above difference.

(3) Where an offence for which an employer is liable
to a fine under this section was in fact committed by his
agent or another person, said agent or other person shall
be liable to be proceeded against as if he were the employer,
either together with, or before or after the conviction of the
employer, and shall be liable on conviction to the same
punishment as that to which the employer is liable:

Provided, however that, no such agent or other person
shall be liable for the payment of any deficit of wages under
subsection (2):

And further provided that where an employer who is charg-
ed with an offence against this section proves to the satisfac-
tion of the Court that he used due diligence to enforce the
execution of this Division and that the offence was in fact
committed by his agent or some other person without his
knowledge, consent, or connivance, he shall, in the event
of the conviction of the agent or other person for the offence,
be exempt from any fine in respect of the offence, without
prejudice however, to the power of the Court to adjudge
him to pay the sum due under subsection (2).

C24. Except where otherwise provided by a collec- FzdP:p;:a
tive agreement, every employer shall permit each of his periods;
employees to enjoy in every period of seven consecutive days z,"ISm,"n;
a period of rest comprising at least twenty-four consecutive exceptions.
hours.

LAWS OF ANTIGUA AND BARBUDA

54 CAP. 27) Antigua and Barbuda Labour Code

(2) The standard work-day shall not be more than eight
hours and the standard work week not more than forty-eight
hours.

(3) Except as provided in subsection (4) herein no
employer shall employ any person in excess of twelve hours
in any twenty-four hour period or in excess of seventy-two
hours in any one hundred and sixty-eight hour period.

(4) Whenever the Minister deems it necessary to
increase the allowable hours of work in any establishment
or industry, either permanently-

(a) in work which is essentially intermittent;

(b) in exceptional cases required by the public in-
terest; or

(c) in operations which for technical reasons must
necessarily be carried on outside the limits laid down;
or temporarily-

(d) in case of accident, actual or threatened;

(e ) in case of urgent work to be done to machinery
or work place;

V) in case of force majeure;

(g) in case of abnormal pressure of work;

(h) to make up lost time through collective stop-
pages of work due to accidents to materials, interrup-
tions to the power supply, inclement weather, shortages
of materials or transport facilities, or calamities; or

( i ) in case of national emergency;
or periodically-

@ for annual stocktaking and the preparation of
annual balance sheets; or

(k) for specified seasonal activities;

he may, after consultation with employer and employee
representatives, issue an appropriate Order:

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Antigua and Barbuda Labour Code (CAP. 27 55

Provided, however, that with respect to a permanent
increase, the consultation shall be with an Advisory Com-
mittee appointed by him, with respect to which Committee
the provisions of section C 21 (2) to (9) inclusive shall apply.

C25. Any contravention by an employer of the .pro- Penalties.
visions of section C 24 hereunder shall be an offence, for
which said employer upon summary conviction shall be liable
to a fine of seventy-five dollars.

C26. Premium pay shall consist of at least one-and- Premium pay.
one half times an employee's basic wage per hour.

C27. For any hour of work in excess of eight in any Occasions for
premium pay. twenty-four hour period or in excess of forty-eight in any

one hundred and sixty-eight hour period, an employer shall
give premium pay to the involved employee:

Provided that the Minister may revise these standards
for any given industry or enterprise by the issuance of an
Order to that effect.

C28. (1) Any contravention of the requirements of Penalties and
remedies.

section C 27 which occurs with respect to a continuous work-
period of any employee shall be a single offence; and any
contraventions which occur with respect to different work-
periods of any employee shall be separate offences.

(2) With respect to any such offence, the employer upon
summary conviction, shall be subject to a fine of seventy-
five dollars; and in addition, the Court may order the pay-
ment of any sum found due any involved employee, if war-
ranted by the circumstances.

C29. (1) The money wages of a workman shall be Form of wages.
payable in legal tender, provided, however, that the pay-
ment of wages by cheque on a bank in Antigua and Barbuda
or by postal order shall be deemed to be payment in legal
tender in cases in which payment in such manner is
customary or necessary or is consented to by the workman:

Provided however that nothing herein shall be construed
as prohibiting the giving of food, a dwelling-place, or other
allowances and privileges in addition to money wages as a
remuneration for service; except however, that-

LAWS OF ANTIGUA AND BARBUDA

56 CAP. 27) Antigua and Barbuda Labour Code

Deductions.

(a) said allowances and privileges shall not include
any noxious drugs or intoxicating liquor; and

(b) said allowances and privileges are fairly
evaluated at cost to the employer.

(2) Nothing herein shall be construed as prohibiting the
distribution to a workman of gratuities received from
customers of the employer as part of remuneration for
services:

Provided, however, that the amount distributed in
gratuities shall not be considered a part of the minimum basic
wage which is required by section C 21 or C 22.

C30. An employer may deduct from wages payable
to a workman under any contract of employment the
following:

(a) any tax rate, or other deduction imposed by
any law;

(b) any money advanced by the employer by way
of loan (whether paid to the workman himself or to some
other person at his request) in anticipation of the regular
payment of his wages; provided the amount deducted
accords with the agreement made between employer and
workman at the time of the loan, and provided that no
interest, discount, or similar charge may be imposed
on such loan;

(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 sup-
plied to the workman at the latter's request;

(6) any initial payment or regular membership
subscription of a registered trade union which an
employee has authorized to be deducted:
Provided however, that the employer transmit to the
appropriate trade union the funds thus deducted within
thirty days of the deduction:
Provided that the total which may be deducted or stop-
ped in any pay period shall not exceed one-third of the
gross wage (excluding, however, the value of any

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 57

payments in kind) of the workman in the applicable pay
period:

Provided further that from and after the coming into
force of the Antigua Labour Code (Amendment) Act,
1976 all existing authorisations given by any employee
for the deduction of any money from his wages shall
cease to have effect and shall accordingly be null and
void.

C3 1. Whenever an employer makes any deduction Statement of
deductions.

from an employee's wages, he shall, simultaneously with the
payment made, furnish the employee with an accurate state-
ment of wages earned and describe the deduction made.

C32. (1) Wages shall be paid on a regular periodic Periods, time
and place of

basis, and no period in respect of which wages earned by a wage payments.
workman are payable shall egceed one month.

(2) The payment of wages shall be made on ordinary
working days only.

(3) No employer shall pay wages to any workman at
or within any retail shop or place engaged in the sale of spirits,
wine, beer, or other spirituous or fermented liquor, save and
except such wages as are paid by the resident owner or oc-
cupier of such shop or place to any workman bona fide
employed by him therein.

C33. No employer shall impose in any contract for Agreements re
place and

the employment of any workman any terms as to the place ,f
at which, the manner in which, or the person with whom spending wages.
any wages paid to the worker are to be expended, and every
contract between an employer and a workman containing
such terms shall be null and void.

C34. (1) Any employer who- Penalties and
workman's right

(a) enters into any agreement or contract or gives to
any remuneration for employment contrary to section
C 29, C 30, C31, C 32, or C 33.

(b) makes any deduction from the wages of any
workman or receives any payment from any workman
contrary to the provisions of said sections; or

LAWS OF ANTIGUA AND BARBUDA

58 CAP. 27) Antigua and Barbuda Labour Code

(c) otherwise contravenes the provisions of said sec-
tions of this Act.

shall be guilty of an offence and shall be liable on summary
conviction to a fine of fifteen hundred dollars or for a se-
cond or subsequent offence to a fine of three thousand dollars.

(2) In addition to the offence under subsection (1) every
workman shall be entitled to recover in a Court so much
of his wages exclusive of sums lawfully deducted as shall not
have been actually paid to him, plus interest at the rate of
ten per cent per annum.

Procedure where C35. (1) Where an employer is charged with an
person other than
employer is offence under the provisions of this Part, he shall be entitled
responsible. upon information upon oath duly laid by him, to have any

other person whom he charges as the actual offender brought
before the Court and if, after the commission of the offence
is proved, the employer proves to the satisfaction of the Court
that he has used due diligence to comply with the provisions
of this Part and that the other person has committed the
offence in question without his knowledge, consent or con-
nivance, the said other person shall be summarily convicted
of such offence and the employer shall be found not guilty
of the offence.

(2) If an offence is proved under subsection (1) the Court
may order the employer or the other person convicted
thereunder to pay to the involved workman any part of wages
found to have been unlawfully deducted or, as the case may
be, otherwise owed under the provisions of this Part; and
said order may be enforced in the same manner as a judg-
ment or order in a civil case.

(3) The power of the Court to issue an order under
subsection (2) shall not be in derogation of any right of the
involved workman to recover the sum by any other pro-
ceeding; provided, however, that no workman shall be en-
titled in any other proceeding to recover any amount which
the Court has ordered to be paid under subsection (2) herein.

work-accounts. C36. (1) Every employer shall keep an accurate work
account as to each employee, of his hours worked, by date,
of his leave taken, by type, and of basic and other wages paid

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 59

him for each pay period which account he shall preserve,
with respect to each entry therein, for at least eighteen
months.

(2) Upon demand by an employee, the employer shall
make available said work-account for inspection and copy-
ing by said employee or his representative.

(3) Any employer who contravenes any provision of
subsection (1) or (2) herein shall be guilty of an offence and
shall be liable on summary conviction to a fine of seven hun-
dred and fifty dollars.

C37. The Minister may issue regulations for the pur- Regulations.
pose of carrying out the provisions of this Part.

C38. No prosecution for any offence under this Part Limitation prosecution.
shall be instituted after the expiration of two years from the
date of the commission of the offence.

C39. Section C21 shall become effective upon the Effective dates.
enactment thereof; sections C22 and C23 shall become
effective upon the establishment by the Minister of a basic
minimum wage in accordance with section C21, but not less
than sixty days after enactment; and all other sections of
this Part shall become effective sixty days after enactment.

Severance Pay

C40. Every employee whose terms of employment Right severance to pay,
with an employer and his predecessors has in aggregate generally.
exceeded one year is entitled to severance pay upon termina-
tion of said employment by employer for reasons of
redundancy.

c 4 1. Severance pay shall consist of at least one day's Z;P,"~Z;:;~
pay, at the employee's latest basic wage, for each month
or major fraction thereof of his term of employment with
his employer and any predecessoremployer.

LAWS OF ANTIGUA AND BARBUDA

CAP. 27) Antigua and Barbuda Labour Code

Severance pay,
when payable;

C42. (1) Subject to the other provisions of this sec-
temporary tion, simultaneously upon the termination of employment
termination; of any employee entitled to severance pay under section C40,
payment of
interest. the employer shall remit to that employee severance pay com-

puted in accordance with section C41.

(2) If the termination be stated as temporary, no
severance pay need be remitted to the terminated employee
at the time of termination:

Provided however that-

( a ) where the date of recall, if one is given at the
time of termination, be six months or more in the future,
severance pay shall be payable on the date of the original
termination;

( b ) if no date of recall is given at the time of ter-
mination, severance pay shall be payable when and if,
after three months from the termination, the employee
shall not have been recalled:

in which case, interest at the rate of 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) After such payment with interest has been made,
if the employee is recalled to his past or substantially
equivalent employment, or is again hired by the same
employer, he shall be considered to be newly hired and his
term of employment, for subsequent severance pay purposes,
shall be considered to have commenced on the date of recall
or rehire.

Lowering of pay C43. If an employee's employment in his last occupa-
because of
redundancy. tion is terminated because of redundancy, but he is offered

other employment by his employer at a reduced wage, then
the employee may accept the offered employment without
forfeiture of his severance pay; but if, having received his
severance pay, he accepts the offered employment, he shall
be considered newly hired for the purposes of subsequent
severance pay:

Provided that, should on eventual termination by reason
of redundancy, the employee's final pay be lower than that
which he received at the time he would have been originally

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 6 1

entitled to severance pay, then, on the final termination of
employment, he shall be entitled to receive severance pay
in respect of the period prior to the date on which he would
have originally been entitled to severance pay at a rate not
less than his original entitlement.

c44 . Severance pay is not payable if the employee's
employment is terminated by an employer who has gone
out of busines but, without any break in service, he is
offered the same employment by a successor-employer:

Provided, however, that his tenure of employment, for
subsequent severance purposes, dates from his original hir-
ing by the first of a series of predecessor-employers; in which
case the successor employer, in the event of a subsequent
termination for redundancy, shall be responsible for the pay-
ment of the employee's severance pay computed on the basis
of his full tenure of employment by himself and all
predecessor-employers.

C45. If an employee's employment is terminated due
to redundancy with a date of recall given him less than six
months in the future or with no date of recall niven him. "
and if the employer, prior to.three months after the termina-
tion, sells his business to a successor-employer, then-using
the standards set forth in section C42 (2) (a) or (6)-if
severance pay becomes due, the predecessor-employer and
the successor-employer shall be jointly and severally liable
for the payment of the severance pay plus interest.

C46. (1) Every employer shall maintain an accurate
record of the latest hiring date of each of his employees and
for the purpose of this section the said hiring date shall be
that on which the employee was last hired, either by him
or by a predecessor-employer.

(2) Upon the request of any employee, the employer
shall make that employee's record of latest hiring date
available to said employee for inspection.

Limitations on
severance pay;
offer of
equivalent
employment.

Liability of
predecessor-and
SuCCeSSOr-
employers.

Record of hiring.

(3) Any person who fails to comply with the provisions
of subsection (1) or (2) shall be guilty of an offence for which
on summary conviction he shall be liable to a fine of seventy-
five dollars:

LAWS OF ANTIGUA AND BARBUDA

Initiation of
proceeding.

Preliminary
action by Labour
Commissioner.

Action by
Minister on
referral.

Formal
proceedings.

CAP. 27) Antigua and Barbuda Labour Code .

Provided that, if there be no present record of an
employee's latest hiring date by virtue of the fact that the
requirement of subsection (1) was not in effect upon such
date, the question of the employee's hiring date shall be one
to be disposed of by the procedures set forth in sections C47
to C5 1 inclusive.

C47. (1) Should any question arise as to the date
of hiring or as to whether or in what amount, severance pay
is due an employee, the employee, the employer or their
respective registered bargaining agents may seek a resolu-
tion of the question by filing a Charge or Query as to
Severance Pay with the Labour Commissioner.

(2) Should the Charge or Query involve a group of
employees under similar circumstances, or if there be filed
at or about the same time a number of Charges andlor
Queries, the cases may be consolidated into a single
proceeding.

C48. (1) Immediately upon receipt of said Charge
or Query, the Labour Commissioner, using the means
described in section B5(2) (a), shall call all interested parties
together or otherwise seek to settle the matter by voluntary
adjustment or settlement.

(2) Within ten days after the filing of the Charge or
Query, if he has failed to achieve a voluntary adjustment
or settlement, the Labour Commissioner shall transmit the
matter, with a full report thereon, to the Minister.

C49. On transmittal of the matter to him, the
Minister shall seek to settle the matter as called for by sec-
tion B6 (1) and, should he fail to effect a voluntary adjust-
ment or settlement of all issues within twenty days after the
filing of the Charge or Query, he shall take one of the steps
open to him under section B6(2), including, if he deems it
appropriate, the referral of the matter to a Hearing Officer
for formal handling.

C50. (1) The Hearing Officer to whom the formal
handling of a Charge or Query as to Severance Pay or as
to date of hiring is referred under section B6(2) (c) may,
in his discretion, call the parties together into a pre-hearing

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 63

conference in an effort to narrow the issues; but having caused
a Notice of Hearing to be served on all parties, he shall com-
mence the hearing within at least ten days after receiving
the matter for formal handling.

(2) At the hearing, conducted in accordance with the
provisions of sections B9 and B10 the Hearing Officer shall
hear and determine the issues.

(3) The Hearing Officer, within five days after the close
of the hearing, shall issue a decision in compliance with sec-
tion B9(5) directing-

(a) that severance pay is due in a specified amount,
plus interest, specifying from and to whom; or

(6) that no severance pay is due; or

(c) that a specific date be recorded as the date of
hiring.

(4) Notwithstanding the above subsections, the Hear-
ing Officer shall approve any settlement of the matter reached
by all parties thereto at any time between the referral for
formal handling and the issuance of a decision, if the terms
of the settlement achieve justice under the circumstances and
are not clearly repugnant to the principles and purposes of
this Code; upon which approval, the matter shall be con-
sidered closed.

C51. Any party to the proceedings may, within five Review of
Hearing Officer's

days after issuance of the Hearing Officer's decision, request dec;s;o,.
a review thereof by a Board of Review, under procedures
according with section B 13.

C52. (1) Non-compliance with the decision of the ~ ~ ~ ~ ~ ~ ~ p ~ ~ n c e n c e .
Hearing Officer--or, if a review thereof has been requested,
with the decision on review-as to the severance pay due
an employee is an offence; and non-compliance with the
decision-or the decision on review-as to the severance pay
due any other employee is a separate offence.

(2) Any person guilty of such offence is liable upon sum-
mary conviction to a fine of seventy-five dollars.

LAWS OF ANTIGUA AND BARBUDA

64 CAP. 27) Antigua and Barbuda Labour Code

(3) In addition, the Court is empowered, if warranted
by the circumstances, to enter a judgment as to severance
pay due, which judgment shall be enforceable just as any
judgment in a civil case.

Regulations. C53. The Minister may issue regulations for the pur-
pose of carrying out the provisions of this Part.

Effective date. C54. The provisions of this Part shall become effec-
tive upon the date on which the Labour Board becomes a
functioning body under section B19.

Recovery of C55. (1) An employee may recover by civil pro-
severance pay.

ceedings in a court of competent jurisdiction the severance
pay to which he is entitled under this Act.

(2) In the event of bankruptcy or liquidation of the
business of the employer, or on any other closure of business
the amount owing to an employee as severance pay shall
be paid in priority to other debts.

PART 5

Unfair Dismissals

Right not to C56. Every employee whose probationary period with
be unfairly
dismissed. an employer has ended shall have the right not to be unfair-

ly dismissed by his employer; and no employer shall dismiss
any such employee without just cause.

Termination C57. For the purposes of this Part, an employee will
after fixed term
of employment. not be deemed to have been dismissed unfairly if his employ-

ment is terminated at the expiration of the term specified
at the time of his hire.

Good cause for
dismissal; test for

C58. (1) A dismissal shall not be unfair if the reason
measuring same. assigned by the employer therefor-

(a) relates to misconduct of the employee on the
job, within the limitations of section C59(1) and (2);

(b) relates to the capability or qualifications of the
employee to perform work of the kind he was employed
to do, within the limitations of section C59(3);

( 6 ) is that the employee was redundant;

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 65

(d) is that the employee could not continue to work
in the position he held without contravention (on his
or on the employer's part) of a requirement of law; or

(e) is some other substantial reason of a kind which
would entitle a reasonable employer to dismiss an
employee holding the position which the employee held:

Provided, however, that there is a factual basis for the
assigned reason.

(2) The test, generally, for deciding whether or not a
dismissal was unfair is whether or not, under the cir-
cumstances, the employer acted unreasonably or reasonably
but, even though he acted reasonably, if he is mistaken as
to the factual basis for the dismissal, the reasonableness of
the dismissal shall be no defence, and the test shall be whether
the actual circumstances which existed, if known to the
employer, would have reasonably led to the employee's
dismissal.

C59. .(I) An employer may terminate the employ- ~ f ~ ; ; ~ , f o r
ment of an employee where the employee has been guilty failure to
of misconduct in or in relation to his ;rnployment so serious in

that the employer cannot reasonably be expected to take any manner.
course other than termination. Such misconduct includes,
but is not limited to, situations in which the employee has-

(a) conducted himself in such a manner as to clearly
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; or

(c ) behaved immorally in the course of his duties.

(2) Where an employee is guilty of misconduct in or
in relation to his employment that is not sufficiently serious
to permit his employer to terminate his 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

LAWS OF ANTIGUA AND BARBUDA

CAP. 27) Antigua and Barbuda Labour Code

the action the employer intends to take in the event of repeti-
tion; which action may include suspension without pay for
such period as may be specified in the written warning; and,
thereafter, if the employee is, within six months following
the receipt of the written warning, guilty of misconduct in
or in relation to his work which is the same or substantially
the same as the misconduct in respect of which the written
warning was given, the employer may terminate the employ-
ment of said employee or take such other action as may have
been specified in the written warning.

(3) Where an employee is no longer performing his
duties in a satisfactory manner, the employer may give the
employee a written warning which shall describe the un-
satisfactory employment in respect of which the written war-
ning is given and state the action the employer intends to
take in the event of repetition; and, thereafter, if the employee
does not, during the period of three months following the
receipt of the written warning, demonstrate that he is able
to perform and has performed his duties in a satisfactory
manner, the employer may terminate the employment of said
employee.

Initiation of
proceedings.

C60. ( 1 ) Should any question arise as to whether an
employee has been unfairly dismissed, the employee, or his
registered agent, may seek a resolution of the question by
filing a Complaint of Unfair Dismissal with the Labour
Commissioner.

(2) Should the Complaint involve a group of employees
under similar circumstances, or should there be filed at or
about the same time a number of Complaints involving
similar circumstances, the cases may by consent be con-
solidated into a single proceeding.

Preliminary
action by Labour

C61. ( 1 ) Immediately upon receipt of the said Com-
Commissioner. plaint, the Labour Commissioner, using the means describ-

ed in section B5(2) (a) shall call all interested parties together
or otherwise seek to settle the matter by voluntary adjust-
ment or settlement.

(2) Within ten days after the filing of the Complaint,
if he has failed to achieve a voluntary adjustment or settle-

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 6 7

ment, the Labour Commissioner shall transmit the matter,
with a full report thereon, to the Minister.

C62. On transmittal of the matter to him, the Action by
Minister on Minister shall seek to settle the matter as called for by sec-

tion B6(1) and, should he fail to effect a voluntary adjust-
ment or settlement of all issues within twenty days after the
filing of the Complaint, he shall take one of the steps open
to him under section B6(2) including, if he deems it
appropriate, the referral of the matter to a Hearing Officer.

C63. (1) A Hearing Officer to whom the formal ;;:;Lings.
handling of a Complaint of Unfair Dismissal is referred under
section B6(2) (c) may, in his discretion, call the parties
together into a pre-hearing conference in an effort to nar-
row the issues; but, having caused a Notice of Hearing to
be served on all parties, he shall commence the hearing within
at least ten days after receiving the matter for formal
handling.

(2) At the hearing, conducted in accordance with the
provisions of sections B9 and B10 the Hearing Officer shall
hear and determine the issues.

(3) The Hearing Officer, within five days after the close
of the hearing, shall issue a decision in compliance with sec-
tion B9 (5) and, in accordance with section B11 he may issue
any remedial order which is relevant to the issues and is just
and reasonable on the merits of the case.

(4) Notwithstanding the above subsections, the Hear-
ing Officer shall approve any settlement of the matter reached
by all parties thereto at any time between the referral for
formal handling and the issuance of a decision if the terms
of the settlement achieve justice under the circumstances and
are not clearly repugnant to the principles and purposes of
this Code; upon which approval, the matter shall be con-
sidered closed.

C64. Any party to the proceeding may, within five Ea$;;Aacer,s
days after the issuance of the Hearing Officer's decision re- d,c;,;o,.
quest a review thereof by a Board of Review, under pro-
cedures according with section B13.

LAWS OF ANTIGUA AND BARBUDA

68 CAP. 27) Antigua and Barbuda Labour Code

Penalties for
iioo-conipliaiicc.

C65. Non-compliance with the decision of the Hear-
ing Officer-or, if a review thereof has been requested, with
the decision on review-is an offence; and non-compliance
with the decision-or the decision on review-as to each
employee involved is a separate offence.

(2) Any person guilty of such offence is liable upon sum-
mary conviction to a fine of seven hundred and fifty dollars.

Regulations. C66. The Minister may issue regulations for the pur-
pose of carrying out the provisions of this Part.

Effective date. C67. The provisions of this Part shall become effec-
tive upon the date on which the Labour Board becomes a
functioning body under section B 19.

Administration and Miscellaneous
Responsibility for C68. (1) Whether or not a complaint has been filed,
inspectors to
ensure inspectors, under the supervision of the Labour Commis-
compliance. sioner, shall be charged with securing the proper observance

of the provisions of this Division.

(2) An inspector so charged under subsection (1) shall
have power-

(i), to enter without previous notice at any hour
of the day or night any workplace liable to
inspection;

(ii) to carry out any examination, test, or inquiry
which he may consider necessary to satisfy
himself that the legal provisions are being
observed;

(iii) to- interrogate, alone or in the presence of
witnesses, the employer or any of the staff of
the undertaking on any matters concerning the
application of this Division;

(iv) to require the production of any records or
documents called for by the provisions of this

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 69

Act and to copy or make abstracts of any such
records or documents; and,

(v) to enforce the posting of notices required by
this Division.

(3) If any person interferes with any inspector in the
exercise of the powers given by this section or fails or refuses
to produce any of the above records or documents that per-
son shall be liable on summary conviction in respect of each
offence to a fine of seventy-five dollars; and if any person
makes or causes to be made, or knowingly allows to be made,
any such record or document which is false in any material
particular, or if he produces, cause to be produced, or know-
ingly allows to be produced, any such record or document
to any inspector acting in the exercise of the powers given
by this section, knowing the same to be false, he shall be
liable on summary conviction to a fine of four hundred dollars
and to imprisonment for three months.

C69. Nothing herein shall be construed as prohibiting ~ ; ~ ; ~ ~ ~ , " ~ d " , ' ~ ; f ~
an employer, either unilaterally, by individual contract with
an employee, or by a collective bargaining agreement with
employee representatives, from establishing working condi-
tions more advantageous to employees than those minimum
standards set forth in this Division.

C70. The provisions of this Part shall become effec- Effective date-
tive upon enactment.

Employment Health, Safeety and Welfare

Dl . This Division may be cited as the Employment short
Health, Safety and Welfare Division.

D2. In this Division, unless the context otherwise Interpretation-
requires: -

"bodily injury" includes injury to health;

LAWS OF ANTIGUA AND BARBUDA

70 CAP. 27) Antigua and Barbuda Labour Code

"building operation" means the construction, altera-
tion, repair or maintenance, or the demolition, of
a structure or harbour facility, bridge or viaduct,
waterworks or reservoir, pipeline or aqueduct,
sewer or sewage system, including any engineer-
ing aspects thereof;

" employee", as used herein, means anyone perform-
ing duties in a workplace with the expressed or
implied permission of the operator of the workplace,
on a part or full-time basis, whether or not such
person is receiving remuneration for his services;
and the expression "to employ" shall be construed
accordingly;

"factory" means the premises in which manufacturing
takes place; and the term includes any warehouse
or storage place, building operation, harbour opera-
tion, mine or quarry, or railway;

"fumes" include gases or vapours;

"harbour facility" means any work performed at a so-
called harbour, whether natural or artificial, piers,
jetties, or other installations in or at which ships
can dock, obtain shelter, or ship or unship goods
or passengers;

"machinery" means all instruments of manufacturing,
including machines (whether operated manually or
mechanically), prime movers of machines, units
designed to transmit power or motion thereto or
therefrom, units designed to transport items or per-
sons in connection with a manufacturing process,
appliances used in said process, and all the parts
thereof;

"maintained" means being kept in an efficient state,
efficient order, and in good repair;

"manufacturing" means the conversion of materials
from one form to another for the purpose of adding
value thereto, by fabrication, alteration, repair,
ornamentation, dismantling, finishing, washing or
cleaning, storing or preserving, heating or cooling,
and, generally, adapting for sale;

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Antigua and Barbuda Labour Code (CAP. 27 7 1

' 'operator of a workplace", means, primarily, the body
responsible for processing carried on therein, in
whole or in part, whether an individual proprietor-
ship, partnership, or corporation or other form of
undertaking; and the term includes any person with
actual, apparent, or ratified authority to act on
behalf of the operator. It includes the owner of a
building containing a workplace to the extent that
responsibilities are imposed on said owner under
section D5; and it includes the owner or hirer of
a machine or implement used in a workplace other
than the principal operator thereof to the extent
that any obligation under this Division relates to
persons who are employed in or about or in con-
nection with such machine and who are in the
employment or pay of such owner or hirer;

'6 owner", in relation to property, real or personal,
includes any person who is, for the time being,
entitled to the possession of, or to a rental or pay-
ment for another's possession of, said property;

6' parent", means a parent or guardian of, or person
having the custody of, or the control over, a young
person, and the term includes any person having
a direct benefit from the wages of a young person;

6 ' prime mover", means every engine, motor, or other
appliance which provides mechanical energy deriv-
ed from steam, water, wind, electricity, the
combustion of fuel, or other source of energy;

"railway" means any rail line used for the transport
of passengers or goods and includes any work in
connection with the operation thereof;

" sanitary conveniences" includes urinals, water closets,
earth closets, privies, ash-pits, and any similar
conveniences;

L C young person", means a person who has attained the
age of fourteen years and has not attained the age
of eighteen years; and

"workplace" means the place at which work is perform-
ed in connection with the cultivation of any crop
or activities related thereto; any manufacturing,

LAWS OF ANTIGUA AND BARBUDA

7 2 CAP. 27) Antigua and Barbuda Labour Code

storage, construction, and land, sea, or air transport
enterprises; any retail establishment; other com-
mercial or industrial enterprises of any kind; and
any office or operation related to any of these.

PART 1

Application
General
application. D3. Except as is otherwise indicated herein, the pro-

visions of this Division shall apply to all workplaces.

Application to
Government D4. This Division shall apply to workplaces belong-
work places. ing to or in the occupation of the Government.

Responsibility
where part of the

D5. Where a part of a building is let as a separate
building is workplace, the Minister may declare which sections of this
separate
workplace.

Division are to be the responsibility of the owner of the
building and which the responsibility of the occupier of the
part of the building in question, by issuance of an Order
to this effect, which Order shall set forth the reasons therefor.

Extension of
provisions.

D6. The Minister may, for good cause, extend the
application of the provisions of this Division to such installa-
tions or operations as may not appear to be specifically
included in the definition of "workplace", but which would
constitute a reasonable extension thereof, by issuance of an
Order to this effect:

Provided that-

(a) such Order shall set forth the reasons for the
extension; and

(b ) the Order shall be effective at the hour and date
specified therein but shall not be effective beyond the
end of the first session of the Legislature which opens
subsequent to the issuance of the Order.

Exemptions. D7. (1) The Minister may, for good cause, exempt
from one or more of the provisions of this Division any

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Antigua and Barbuda Labour Code (CAP. 27 7 3

workplace or part thereof, by the issuance of an Order to
this effect:

Provided that the Order sets forth the term of the
exemption, with the basis therefor.

(2) The exemption shall be effective for no more than
six months in the absence of an Order of extension by the
Minister which shall set forth the basis for any such extension.

(3) Any such extension shall be effective for no more
than six months in the absence of an Order of further exten-
sion by the Minister, which Order shall set forth the basis
for further extension.

(4) Any such Order of exemption or extension thereof
may contain conditions which must be met in order to qualify
for the exemption or extension.

D8. Except where otherwise expressly provided, the NO^-exclusivity
of these

provisions of this Division shall be in addition to, and not provisions.
in substitution for or dimunition of, the provisions of any
other Division.

Minimum Requirements

D9. (1) Every person who operates a workplace on Registration of
workplaces.

the effective date of this Division shall, within one month
thereafter, file with the Labour Commissioner a written notice
stating the particulars prescribed in the Schedule and every
person who commences to operate a workplace subsequent
to the effective date of this Division shall, within one month
of such commencement, file a similar notice.

(2) Thereafter, whenever there is a material change in
any of the particulars appearing in the notice called for in
subsection (I), the person operating the workplace shall file
with the Labour Commissioner a written notice setting forth
any such change, within one month of the effectuation of
same; and, thereafter, with respect to any further material
change, he shall likewise file a similar notice within one month
of the effectuation of any such further change.

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7 4 CAP. 27) Antigua and Barbuda Labour Code

Health. DlO. For the purpose of safeguarding the health of
persons employed in or performing any duty in workplaces,
the operator of every workplace shall-

( a ) keep the workplace in a clean state;

( 6 ) keep it from becoming overcrowded;

( c ) maintain a reasonable temperature therein;

(d) provide adequate ventilation therein;

(e) provide lighting therein sufficient to avoid
employees7 eyestrain;

(f) provide effective means for draining floors; and

(g) provide suitable and sufficient sanitary
conveniences.

Safety 1 . For the purpose of ensuring the safety of per-
sons employed in or performing any duty in workplaces, the
following provisions shall apply to every workplace-

(1) Adequate measures shall be taken for the preven-
tion of fire therein and for adequate means of escape for
persons employed therein.

(2) All machinery used therein shall be operated and
maintained in such a manner as to be safe for all employees.

(3) All walls, partitions, floors, stairs, passages and
gangways shall be of sound construction and properly
maintained.

( 4 ) (a ) No new steam boiler shall be put into use in
any workplace unless there has been obtained from the
manufacturer of the boiler or from a competent person
a certificate specifying the maximum permissible work-
ing pressure thereof and said certificate shall be filed
with the Labour Commissioner within 28 days of the
installation of the boiler.

(6 ) No stream boiler which has been previously used
shall be put into use in any workplace for the first time
until it, and all its fittings and attachments, have been

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Antigua and Barbuda Labour Code (CAP. 27 7 5

examined by a competent person when it is cold, and
as soon as possible thereafter, when steam is raised. And
the examiner shall ensure that there are safety valves
sufficient and adequate to assure the safe operation of
the boiler, and ensure that said safety valves are so
adjusted as to prevent the boiler being operated at an
unsafe pressure, as to which examination and adjust-
ment the workplace operator shall procure from the
examiner a certificate of the results thereof.

(6) Thereafter, it shall be the responsibility of the
operator of any workplace to see that every steam boiler
therein and all its fittings and attachments shall be ex-
amined thoroughly and adjusted by a competent per-
son at least once every 14 months, and also after any
extensive repairs, in the manner described in sub-
paragraph ( b ) , and to procure from the examiner a cer-
tificate of the results thereof.

(6) The certificates required under subparagraphs
( b ) and (6) shall be filed by the work-place operator with
the Labour Commissioner within 28 days of the com-
pletion of the examination.

(e) The Labour Commissioner, by the issuance of
an Order, may except from any of the provisions of this
subparagraph any class or type of steam boiler as to
which he is satisfied that such provisions cannot be ap-
plied. Any such exception either may be unqualified
or may be subject to such conditions as may be con-
tained in the Order.

D12. For the purpose of contributing to the welfare welfare.
of persons employed in or performing any duty in workplaces,
the following provisions shall apply to every workplace-

(1) There shall be an adequate supply of wholesome
drinking water;

(2) Washing facilities shall be provided and maintained;

(3) There shall be accommodation for clothing not worn
during working hours, and for the drying of work clothing;

LAWS OF ANTIGUA AND BARBUDA

76 CAP. 27) Antigua and Barbuda Labour Code

(4) Suitable facilities for employed persons to sit dur-
ing the course of their employment shall be provided and
maintained;

(5) Readily accessible first aid equipment shall be pro-
vided and maintained; and

(6) Other facilities such as canteen, mess rooms, rest
rooms, as are reasonable under the circumstances, shall be
provided and maintained.

Special protective D 13. (1) It shall be the responsibility of the operator
measures.

of any workplace to ensure that-

(a) No persons shall be permitted to partake of food
or drink in any room where any lead, arsenic or other
poisonous substance is used;

(6) Suitable goggles or protective screens shall be
provided to protect the eyes of any persons employed
in a process involving a special risk of injury to the eyes;

(6) Where a work process involves a reasonable
possibility of injury to other parts of an employee's body,
suitable protective equipment shall be furnished;

(d) No persons employed therein shall be required
manually to lift, carry, or move anything in excess of
the maximum weight specified by any regulations made
under this Division;

(e) Where persons are employed in any process in-
volving exposure to wet or to any injurious or offensive
substance, suitable protective clothing and appliances
shall be provided and maintained;

V) Where a process involves heat or steam, facilities
adequate to protect workers therefrom shall be provid-
ed and maintained;

@) No person shall be required to use white
phosphorous (sometimes called yellow phosphorous) in
any process; and

(h ) With respect to any process involving the use
of or exposure to products containing benzene (which
term, as used herein, means the aromatic hydrocarbon
C6 H6 itself or any product the benzene content of which

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Antigua and Barbuda Labour Code (CAP. 27 77

exceeds 1 per cent by volume), harmless or less harm-
ful substitutes shall be used if they are available, but,
if no such substitute is available then-

(i) the process shall be, as far as is practicable,
carried out in an enclosed system; or where
an enclosed system is not practicable, the place
of work in which the process is carried out shall
be equipped with effective means to ensure the
removal of benzene fumes to the extent
necessary for the protection of the health of
the workers;

(ii) the word "benzene" and appropriate danger
signals shall be clearly visible on any container
holding benzene; and

(iii) each worker who may be exposed to benzene
shall receive appropriate instructions about
safeguarding health and preventing accidents,
as well as about action to be taken if there is
any evidence of poisoning.

(2) The operator of any work place shall notify the
Labour Commissioner in such manner and in such par-
ticularity as the Minister may by regulations prescribe, of
any industrial accident which occurs within the work place
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 his employment.

D14. (1) Any person employed in a workplace to Duties of persons
employed. which this Division applies shall make use of all means,

appliances, conveniences or other things provided in pur-
suance of this Act for the health, safety and welfare of
employees, to the extent that his employment involves its use.

(2) No person employed therein shall wilfully interfere
with, misuse, or damage any such means, appliance, con-
venience or other thing.

(3) No person employed therein or in any other place
shall wilfully and without reasonable cause do anything likely
to endanger himself or others.

LAW'S OF ANTIGUA AND BARBUDA

CAP. 27) Antigua and Barbuda Labour Code

Prohibition of
deduction of

D15. Subject to the provisions of this Act, the
wages. operator of a workplace shall not, in respect of the cost of

anything done or to be done by him in pursuance of this
Division or any regulations or order issued thereunder, make
any deduction from the sum contracted to be paid by him
to any person employed, nor shall he receive or allow any
other person to exact or to receive any payment in lieu of
such deduction.

Issuance of
regulations and

D16. (1) The Minister may issue regulations
orders. prescribing the standards to be achieved in respect of any

of the obligations set forth in this Part and the methods
required to attain them; and he may establish advisory com-
mittees on which employers and employees are represented
to assist him in this function.

(2) The Minister may, for good cause, require the
operator of a workplace to take special measures bearing on
the health, safety, or welfare of the employees therein, by
the issuance of an Order to this effect, and, without
derogating from the generality of such power he may re-
quire such alteration of the workplace or to any plant therein
to be carried out in such manner and within such time as
may be specified in the said order as may be necessary to
comply with the requirements of this Act or of any subsidiary
legislation made hereunder relating to health and safety of
workers; and in addition thereto he may also order, in the
event of imminent danger to the health or safety of workers,
the introduction of such temporary measures as may be
necessary to remove such danger.

(3) The Minister may, for good cause, require the
operator of a workplace to take specified measures bearing
on the health, safety or welfare of employees whose duties,
related to the business of the workplace, are performed in
whole or in part, outside the workplace, by the issuance of
an Order to this effect.

(4) The Minister may, for good cause, require
arrangements to be made for medical supervision in any
workplace by the issuance of an Order to this effect.

(5) The Minister may, for good cause, require medical
examinations of employees in any workplace at the expense

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 7 9

of the operator of the workplace to ascertain whether their
health has been or is being adversely affected by their employ-
ment therein, by the issuance of an Order to this effect.

D17. (1) The Minister, acting through the Labour $Zvnt and
Commissioner, may undertake research into the cause of and programme.
the means of preventing employment injury, in the course
of which he may co-operate with any other unit of Govern-
ment or any other organization undertaking similar research.

(2) The Minister, acting through the Labour Commis-
sioner, may undertake programmes to reduce or prevent
employment injury, in the course of which he may co-oper-
ate with any other unit of Government or any other organi-
zation undertaking similar programmes.

Administration

D18. (1) The Minister shall have overall responsibili- Resp~nsibi l i t~ for
administration.

ty for the administration of this Division.

(2) The Labour Commissioner shall be responsible for
the day-to-day administration of this Division except insofar
as this Division provides otherwise and except that the
Minister, on a temporary basis, may impose certain duties
on other Government officers.

(3) Labour inspectors, within the Labour Inspection
Service of the Labour Department, shall investigate com-
plaints of violations of this Division and, on a regular basis,
make routine checks of employers' con~pliance therewith.

D19. (1) The operator of any workplace and his ~ ' ~ ~ ~ n $ e ~ ' ~ i S h
agents and employees shall permit the entry of and shall fur- means to
nish the necessary means and facilities to an inspector for
the purpose of his performance of duties enumerated herein.

(2) An inspector may, if he has reasonable cause to
apprehend any serious obstruction in the course of his duties,
take with him a police officer.

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80 CAP. 27) Antigua and Barbuda Labour Code

Special powers of D20. (1) An inspector may take for analysis samples
inspector.

of material used or intended to be used in a workplace which
he thinks may prove on analysis to be likely to cause bodily
injury to persons employed.

(2) An inspector, having reasonable cause to believe that
any condition exists at a workplace or any extension thereof
which may cause bodily harm to any persons employed or
performing duties therein, shall serve written notice upon
the operator thereof of his intention to recommend that the
Minister issue an appropriate remedial order under section
D16.

(3) Whenever an inspector is of the opinion that the
employment of any young person in the workplace or any
process or part thereof is or may be prejudicial to his or any
other person's health, he may serve written notice thereof
on the operator of the workplace requiring the cessation of
or the imposition of specified limitations upon that young
person's employment, and, thereafter, the requirements of
the notice shall become an obligation under this Division.

Offences, Penalties and Legal Proceedings

Offences. D21. ( I ) In the event of the contravention of any
obligation created under any provision of this Division or
of any regulation or order issued thereunder, by any person
upon whom the obligation is imposed, whether the operator
of a workpalce or a person employed therein, said operator
or person shall be guilty of an offence.

(2) If such contravention be by an employed person,
the operator of the workplace shall also be guilty of an offence
if it is proved that he failed to take all reasonable steps to
prevent the contravention.

(3) If the operator of a workplace avails himself of any
exemption allowed under this Division or any order or regula-
tions issued thereunder, he shall be deemed to have con-
travened the provisions of this Division if he fails to comply
with any of said conditions contained therein.

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Antigua and Barbuda Labour Code (CAP. 27 81

(4) Where an offence committed by the operator of a
workplace under this Division or any order or regulations
issued thereunder is proved to have been committed with
the consent or connivance of, or to have been facilitated by
any neglect on the part of any director, chairman, other
officer, manager or person other than the operator, he, as
well as the operator, shall be guilty of the offence and shall
be liable to be proceeded against and punished accordingly.

(5) If a young person is employed in any workplace
in contravention of the provisions of this Division or any
order or regulations issued thereunder, the parent of the
young person shall be guilty of an offence, unless the con-
travention occurred without the consent, connivance, or wilful
default of the parent.

D22. ( 1 ) If any persons are employed in a workplace E ~ Z P
other than in accordance with this Division, or any regula- ,ff,,,,,.
tion or order thereunder, there shall be deemed to be asepa-
rate contravention in respect of each person so employed.

(2) It is hereby declared that where the contravention
of any provision of this Division or any regulation or order
thereunder is a continuing offence:

( a ) the recommencement of such offence after any
interval constitutes a fresh offence; and

( 6 ) a prosecution may be instituted, and the per-
son accused may be convicted and sentenced, from time
to time, in relation to any portion of the period during
which the offence continues to be committed:

Provided, however that such portion shall not be
a portion of the period for which the accused has been
previously convicted and sentenced for the same offence.

D23. ( I ) A failure to comply with section D9 is an ~;'~o&nces,
offence for which the non-complying person shall be liable
on summary conviction to a fine of seventy-five dollars, or
thirty dollars for each day since the expiration of the month
stipulated therein, whichever is the greater, or to imprison-
ment for two months.

LAWS OF ANTIGUA AND BARBUDA

82 CAP. 27) Antigua and Barbuda Labour Code

(2) If a parent of a young person shall be guilty of an
offence under section D2 1(5), he shall be liable on summary
conviction to a fine of seventy-five dollars.

(3) If any person-

(a) forges or counterfeits any certificate required
by, under, or for the purposes of this Division or any
regulation or order thereunder;

(b) gives or signs any such certificate knowing it
to be false in any material particular;

( c ) knowingly utters or makes use of such certificate
so forged; counterfeited, or false as aforesaid;

(6) knowingly utters or makes use of such certificate
as applying to any person to which it does not so apply;

(e) personates any person named in such certificate;

0) falsely pretends to be an inspector;

(g) wilfully connives in any such forging,
counterfeiting, giving, signing, uttering, making use,
personating, or pretending as aforesaid;

(h ) wilfully makes a false entry in any register,
notice, certificate, or document required by, under, or
for the purposes of this Division or any regulation or
order thereunder to be kept or served or sent;

(i) wilfully makes or signs a false declaration re-
quired by, under, or for the purposes of this Division
or any regulation or order thereunder; or

@ knowingly makes use of any such false entry
or declaration as aforesaid,

he shall, without prejudice to any other penalty, be guilty
of an offence and liable on summary conviction to a fine
of fifteen hundred dollars, or to imprisonment for one year.

(4) The operator of any workplace or any person therein
who-

(i) obstructs or delays an inspector in the due
exercise of any power conferred on him by or
under this Division;

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Antkua and Barbuda Labour Code (CAP. 27 83

(ii) refuses to answer or falsely answers, any
inquiry authorized by or under this Division;

(iii) fails to produce any register, book, document
or other record he is required by or under this
Division to produce; or

(iv) conceals or prevents, or attempts to conceal
or prevent, any person from appearing before
or being examined by an inspector,

shall be guilty of an offence and liable on summary convic-
tion to a fine of seventy-five dollars or to imprisonment for
three months; and, in the case of a second or subsequent
conviction under this section within two years from the last
conviction for a previous offence under this section to a fine
of one hundred and fifty dollars or to imprisonment for six
months.

(5) If any person suffers bodily injury or is killed, or
dies, in consequence of the operator of the workplace having
contravened any provision of this Division or any regula-
tion or order thereunder, the operator shall on summary con-
viction, without prejudice to any other penalty, be liable to
a fine of fifteen hundred dollars, and the whole or part of
the fine may be applied for the benefit of the injured person
or of the family of the deceased person, or otherwise, as the
Court determines:

Provided that-

(a) in the case of injury to health, the operator shall
not be liable to a fine under this subsection unless the
injury was caused directly by the contravention; and

(b) the operator shall not be liable to a fine under
this subsection if proceedings against him under this
Division in respect of the act or default by which the
injury was caused, have taken place and been dismiss-
ed before death as a result of the injury occurred.

D24. Subject as hereinafter in this Division provid- sf^
ed, any person guilty of an offence for which no express penal- which no express
ty is provided shall be liable on summary conviction to a penalty provided.
fine of three hundred dollars; and if the contravention in
respect of which he was so convicted is continued after the
conviction he shall (subject to the provisions of section D25)

LAWS OF ANTIGUA AND BARBUDA

84 CAP. 27) Antigua and Barbuda Labour Code

be guilty of a further offence and liable on summary convic-
tion in respect thereof to a fine of thirty dollars for each day
on which the contravention is so continued.

Power to issue
regulations

D25. The power to make regulations under this Divi-
includes power to sion includes the power to prescribe for offences against such
prescribe regulations such penalty not exceeding one hundred and fif-
penalties for
contraventions ty dollars for each offence and, in the case of a continuance
thereunder. of any such offence, a further penalty not exceeding fifteen

dollars for each day that such offence shall continue after
service of written notice thereof; and in default of payment
of such penalties, imprisonment for three months.

Power order cause Of court of to D26. Where the operator of a workplace is convicted
contravention to of an offence under this Division the Court may, in addi-
be remedied. tion or instead of inflicting a fine, order him, within the time

specified in the order, to take such steps as may be so specified
for remedying the matters in respect of which the contraven-
tion occurrred, and may, on application, enlarge the time
so specified; and where such an order is made, the operator
shall not be liable under this Division in respect of a con-
tinuation of the contravention during the time allowed by
the court; but if, after the expiration of the time as orig-
inally specified or enlarged by subsequent orders, the order
is not complied with, the operator shall be liable (in addi-
tion to the penalty above prescribed for the offence) on sum-
mary conviction to a fine of thirty dollars for each day on
which non-compliance continues.

Penalties for
persons actually

D27. Where an act or default for which the operator
committing of a workplace is liable is in fact the act or default of some
offence for which agent, servant, worker, or other person, that agent, servant,
aperator is liable.

worker or other person shall be guilty of an offence and liable
to a fine as if he were the operator.

Proceedings
where inspector

D28. (1) When it is made to appear to an inspec-
or operator tor at the time of discovering an offence-
believes the
offender to be
other than
operator.

(a) that an operator of the workplace has used all
due diligence to enforce the execution of this Division;

(b) that the offence has been committed by a per-
son other than the operator; and

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 85

(c) that it has been committed without the consent,
connivance, or wilful fault of the operator,

the inspector shall proceed against the person whom he
believes to be the actual offender without first proceeding
against the operator.

(2) In proceedings brought against the operator, the
operator shall be entitled upon information duly laid by him
and on giving the prosecution no less than three day's notice
in writing of his intention, to have any other person whom
he charges as the actual offender brought before the court
at the time appointed for hearing the charge. Thereupon,
if the commission of the offence be established, the operator
may seek to prove-

(a) that he used all due diligence to enforce the
execution of this Division and of any relevant regula-
tion and order issued thereunder; and

( b ) that the said other person had committed that
offence in question without his consent, connivance, or
wilful default,

in which case the person thus charged may cross-examine
the operator if he testifies and any other witness called by
him, and he may introduce rebutting evidence; and the pro-
secution may cross-examine witnesses brought on behalf of
either the operator or the other person and may itself
introduce evidence.

(3) If, thereupon, the allegations noted in subsection
2 (a) and (b) hereinabove be proved to the satisfaction of
the Court, the other person shall be summarily convicted
of the offence; and the person so convicted shall, in the discre-
tion of the Court, be also liable to pay any costs incidental
to the proceedings.

(4) Where, under this Division any person is substituted
for the operator with respect to any provision of this Divi-
sion, any order, summons, notice, or proceedings, which
for the purpose of any of these provisions is by or under
this Division required or authorized to be served on or taken
in relation to the operator, is hereby required or authorized
to be served on or taken in relation to that person.

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Antigua and Barbuda Labour Code (CAP. 27 8 7

purposes of this Division, any person shall, on application
and payment of the prescribed fee, be entitled to obtain a
certified extract under the hand of the Registrar-General of
the entry in the register under the Births and Deaths Cap.53.
(Registration) Act of the birth of the person.

D3 1. (1) Any document (including any summons or f:2zg ;d
order) required or authorized to be served under this Divi- documents.
sion may be served-

(a) on any person by delivering it to him, or by
leaving it at his residence;

(6) on any firm by delivering it to any partner
thereof, or by leaving it at the principal place of business
of such firm, and in the case of a limited company by
delivering it to an offlcer of the company at the registered
office;

(c) on the operator of a workplace (even though
it be a limited company) in any such manner as
aforesaid, or by delivering it, or a true copy thereof,
to any person apparently not under the age of sixteen
years at the workplace.

(2) Any such document intended to be served upon the
operator of the workplace may be addressed to "the operator"
at the proper address of the workplace without further name
or description.

(3) The foregoing provisions of this section shall apply
(with the necessary modifications) to the sending of any
documents required or authorized to be sent under this
Division.

D32. In any premises the whole or any part of which ~~;d;d;ryc~ufi
has been let or is being used as a workplace- agreements and

apportion
(a) where an agreement between the owner and expenses.

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 this Division or any regulations or order
thereunder, the Court, upon the application of either

LAWS OF ANTIGUA AND BARBUDA

86 CAP. 27) Antigua and Barbuda Labour Code

Prosecution of
offences and

D29. In any proceedings under this Division it shall
recovery and be sufficient in the information, which shall be laid by or
applications of on behalf of the Labour Commissioner, to allege that the
fines. workplace is a workplace within the meaning of this Divi-

sion and to state the name of the ostensible operator thereof.

( 2 ) 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's inquest is held, and it appears from said report
or from the proceedings at said inquest that any of the pro-
visions of this Division or any regulations or orders
thereunder 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 noncompliance
may be commenced at any time within three months after
the making of the report or the conclusion of the inquest
as the case may be.

(3) Where any offence is committed under this Divi-
sion by reason of a failure to make an examination, enter
a report or do any other thing, at or within a time specified
by this Division or by any regulation or order thereunder,
the offence shall be deemed to continue until the examina-
tion is made, or a report entered, or the other thing done,
as the case may be.

Special
provisions as to

D30. (1) Where any entry in a register or record is
evidence. required to be made by this Division or any regulation or

order thereunder-

(a) any entry made therein by or on behalf of the
operator of a workplace shall be admissible against him
as evidence of the facts therein stated; and

( 6 ) the absence of the entry shall beadmissible as
evidence that the requirement has not been observed.

( 2 ) Where, in any proceedings under this Division with
respect to a young person, it appears to the court that the
young person is apparently of or below the age alleged by
the informant, it shall lie on the defendant to prove that the
young person is not of or below that age; but where the age
of any person is required to be ascertained or proved for

LAWS OF ANTIGUA AND BARBUDA

CAP. 27) Antigua and Barbuda Labour Code

Saving.

party in an action joining the other, may after a hear-
ing, issue an order setting aside or modifying the agree-
ment 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 Act or any regulations or order thereunder, the
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 said alterations.

Effectiveness, Repeal, etc.

D33. The fact that an employer or employee has com-
plied with or failed to comply with any of the provisions of
this Division shall not affect any right ,of an employee to
compensation, or the liability or obligation of any employer
or employee, under any statute relating to compensation for
employment injury; with respect to any such rights, liabilities,
or obligations, the provisions of that statute shall govern.

Effective date. D34. The provisions of this Division shall become
effective upon enactment.

SCHEDUI~E (Section D9)

Particulars to be Submitted by Operator of a workplace.

1. Name of the operator of the workplace.

2. Address and location of the workplace.

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 89

3 . Nature of the work carried on in the workplace.

4. Whether mechanical power is used and, if so, its
nature.

5. Whether steam boilers are used and, if so, the follow-
ing particulars in respect of each such boiler-

(a) Type, description and distinctive number;

(b) Country and year of manufacture;

(6) Date of the last thorough examination and name
of the person by whom the examination was made;

(a!) Maximum permissible working pressures in
pounds per square inch.

6. (a) Total number of persons employed in the
workplace;

(b) Where persons are employed, in shifts, the max-
imum number employed at any one time.

Women, Young Persons and Children (Employment)

El. This Division may be cited as the Women, Young Short title.
Persons, and Children (Employment) Division.

E2. In this Division, unless the context otherwise Inte~etat ion .
requires-

"agricultural undertaking" means the cultivation of any crop,
or any related activities;

"child" means a person under the age of fourteen years;
L < compulsory school age" is that period during which a child

or young person is required to attend school under Cap- 145-
the Education Act;

LAWS OF ANTIGUA AND BARBUDA

CAP. 27) Antigua and Barbuda Labour Code

"industrial undertaking" means any manufacturing, min-
ing, storage, construction, or land, sea, or air
transport enterprise; and the term includes a com-
mercial enterprise of any kind and any office or
other related operation;

"night work" means work performed between the hours of
ten p.m. and five a.m.;

"parent or guardian" means a parent or guardian of a child
or young person; and the term includes any per-
son who is liable for the maintenance of, who has
the custody of or has control over said child or
young person, or who has or would have a direct
benefit from the earnings of said child or young
person;

"ship" means any seagoing ship or boat of any description
registered or licensed in Antigua and Barbuda;

' 6 woman" includes any person of the female sex without
distinction of age; and

L 6 young person" means a person who has ceased to be a
child and who is under the age of eighteen years.

Prohibition of
employment of

E3. (1) No child shall be employed or shall work in
children. a public or private agricultural or industrial undertaking or

in any branch thereof, or on any ship:

Provided that the above contained prohibition shall not
apply -

(i) to any undertaking or ship on which only
members of the same family are employed;

(ii) to members of a recognized youth organiza-
tion who are engaged collectively in such
employment for the purposes of fund raising
for such organization; and

(iii) to a child who is working together with adult
members of his family on the same work and
at the same time and place; and

Provided further that any chid so working shall not work
within school hours or for a period of more than eight hours

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 9 1

in any twenty-four hour period or more than thirty hours
in any one hundred and sixty-eight hour period or at night.

(2) The provisions of this section shall not apply to the
exercise of manual labour by any child under order of deten-
tion in a reformatory or industrial school or by any child
receiving instructions of manual labour in any school pro-
vided that such work is supervised by any government depart-
ment or public authority.

E4. Any parent or guardian of a child who, by wilful i$z:rof
default or by habitually neglecting to exercise due care, has guardian.
contributed to the commission of the offence of taking a
child into employment in contravention of this Division,
shall be guilty of an offence.

E5. (1) No young person shall be employed unless ~ ~ ~ ; ~ ~ ~ ~ t ~ f
he has been found fit for the work he is expected to perform young persons.
after a thorough medical examination; and, thereafter, his
employment shall be subject to medical supervision until he
is no longer a young person.

(2) A person shall not employ a young person who is
within the compulsory school age during school hours.

(3) Except as hereinafter provided, no young person
shall be employed on night work, namely-

( a ) no young person shall be employed or shall
work during eleven consecutive hours any of which are
between ten p.m. and five a.m. in any public or private
agricultural or industrial undertaking, br in any branch
thereof, other than an undertaking in which only
members of the same family are employed and any per-
son who employs any young person or permits him to
work in contravention of the provisions of this section
shall be guilty of an offence;

(6 ) young persons of the age of sixteen years or
over may be employed or work between ten p.m. and
five a.m. on work which, by reason of the nature of
the process, is required to be carried on continuously
day and night, but only in undertakings which may be
declared to come under an exception created by Order
of the Minister.

LAWS OF ANTIGUA AND BARBUDA

92 CAP. 27) Antigua and Barbuda Labour Code

(4) The provisions of subsection (1) shall not apply to
such employment or work of young persons of the age of
sixteen years or over in cases of emergencies which could
not have been controlled or foreseen and which are not of
a recurring character.

(5) When, in case of serious emergency, the public
interest demands it, the Minister may, by order, suspend
the prohibition of night work in relation to young persons
of the age of sixteen years or over as respects all undertak-
ings for such period as he may deem necessary.

(6) Any person who contravenes the requirements of
subsections (1) to (3), shall be guilty of a? offence, and any
such offender, including in the case of a corporation, any
director or officer thereof who authorizes, permits, or
acquiesces therein shall be guilty of an offence and liable
on summary conviction to a fine of three hundred dollars.

(7) The Minister may by regulation vary above
requirements with respect to bona fide training programmes,
under conditions he may deem appropriate.

Registers to be E6. (1) Every employer in an agricultural or in-
kept.

dustrial undertaking shall keep a register of all persons under
the age of eighteen years employed by him, and every ship-
master shall keep a register, or a list in the articles of agree-
ment of all such persons employed on board his ship.

(2) Such register or list, as the case may be, shall con-
tain particulars of the names, addresses, and dates of birth
of all such persons, and of the dates on which they enter
and leave such employment, and shall on request at any
reasonable time be produced for inspection by any public
officer duly authorized to that effect.

(3) Any employer or shipmaster failing to comply with
or acting in contravention of the provisions of this section
shall be guilty of an offence and liable on summary convic-
tion to a fine of three hundred dollars.

False certificate
or representation

E7. Where a child or young person is taken into
as to age. employment in contravention of this Division on the pro-

duction, by or with the privity of the parent or guardian,

LAWS OF ANTIGUA AND BARBUDA

Antigua and Bar6uda Labour Code (CAP. 27 93

of a false or forged certificate, or on the false representation
of his parent or guardian that such child or young person
is of an age at which such employment is not in contraven-
tion of this Division, that parent or guardian shall be guilty
of an offence.

E8. (1) No woman shall, merely by reason of her Equal pay for
women.

sex, be employed under terms or conditions of employment
less favourable than that enjoyed by male workers employed
in the same occupation and by the same employer.

(2) Any person who contravenes the provisions of
subsection (1) shall be guilty of an offence and liable on sum-
mary conviction to a fine of one thousand dollars and in
addition thereto the Court may order that the employer con-
victed of an offence under this section shall pay to the
employee concerned such sums of money as the Court is
satisfied she has been underpaid and such order shall rank
as a judgment debt and may be enforced accordingly.

E9. (1) Where the offence of taking a woman or Liability of agent
of employer.

young person or child, as the case may be, into employment
in contravention of this Division is committed by an agent
of the employer, such agent shall be liable to a penalty as
if he were the employer.

(2) Where the employer is charged with an offence
under this Division, he shall be entitled upon information
duly laid by him, to have any other person whom he charges
as the actual offender brought before the Court at the time
appointed for hearing the charge; and if, after the commis-
sion of the offence has been proved, the Court is satisfied
that the employer used due diligence to comply with the pro-
visions of this Division and that the other person committed
the offence in question without the employer's knowledge,
consent or connivance, the other person shall be summarily
convicted of the offence, and the employer shall be found
not guilty.

E10. (1) Any labour inspector shall have power to Etg;:
enter any premises or place wherein any industrial under-
taking is carried on, or to board any ship, for the purpose
of ascertaining whether any woman, young person, or child
is employed in contravention of this Division, and to inspect

LAWS OF ANTIGUA AND BARBUDA

CAP. 27) Anticua and Barbuda Labour Code

Regulations.

such premises, place, or ship, and examine any person therein
touching the employment of any woman, young person or
child.

(2) Any person refusing admission to or obstructing a
duly authorized labour inspector in the execution of any duty
under this Division shall be guilty of an offence and liable
on summary conviction to a penalty of three hundred dollars.

1 . The Minister may make regulations with
respect to-

(a) the cleanliness, freedom from effluvia, over-
crowding, ventilation and general sanitary conditions
of any premises or place wherein women, young per-
sons or children are employed;

(b) the maximum hours of employment of women,
young persons or children and the times allowed for
meals; and

(c) requirements generally designed for better car-
rying out of the provisions of this Division.

Penalty for E12. Any person guilty of an offence against this
contraventions
not expressly Division or any regulations made thereunder for which no
provided. penalty is expressly provided shall be liable on summary con-

viction to a fine of seventy-five dollars, and in the case of
a second or subsequent offence to a fine of one hundred and
fifty dollars.

Effective date. E13. The provisions of this Division shall become
effective upon enactment.

Work Permits

short title. Fl . This Division may be cited as the Work Permits
Division.

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Antigua and Barbuda Labour Code (CAP. 27 95

F2. In this Division, unless the context otherwise Interpretation.
requires-

" engage in employment" means-

(a) take or continue in any employment;

(b) practise any profession;

(c) engage in any trade or business; or

(d).engage or be employed in any form of
occupation,

whether or not such employment, profession, trade,
business or occupation is taken or continued, or
is engaged in, practised or carried on, for reward,
profit, or gain;

' 6 self-employment" means employment on one's own
behalf, and not under a contract of employment,
express or implied; and

"work permit" means a work permit issued under the
provisions of this Division.

F3. The provisions of this Division shall not apply Appfication.
to any employed person-

(a) who is a citizen of Antigua and Barbuda or is
employed by the Government;

(b) who is a member of Her Majesty's regular
naval, military or air forces;

( 6 ) who is duly accreditied to the State by or under
Her Majesty or the Government of any Commonwealth
or foreign state, or the wife, family, staff or servant of
any such person;

(6) holding the Status of diplomatic agents;

(e) employed by the United Nations or its specialis-
ed agencies;

V) employed in an executive capacity by the Carib-
bean Community, the Eastern Caribbean Currency
Authority, the Caribbean Development Bank, the

LAWS OF ANTIGUA AND BARBUDA

Prohibition
against
employment.

Applications for
work permit.

Action upon
application for
work permit.

CAP. 27) Antigua and Barbuda Labour Code

Organisation of Eastern Caribbean States or the
Economic Affairs Division of the Organisation of Eastern
Caribbean States; or

e) who is a person or one of a class of persons
to whom, by Order of the Minister, this Division shall
be declared not to apply.

F4. A person who is not a citizen of Antigua and
Barbuda shall not engage in employment or self-employment
in Antigua and Barbuda unless he has obtained a work per-
mit issued by or on behalf of the Minister.

F5. (1) Application for a work permit, or its renewal
or extension, shall be made by or on behalf of the person
for whom the work permit is sought by the filing, with the
Employment Service of the Labour Department, of an
application in the form prescribed in the First Schedule com-
pleted in triplicate; and, unless the applicant is a self-
employed person, said application must be accompanied by
a statement in triplicate completed by the intended employer,
in the form prescribed in the Second Schedule.

(2) On every application for a work permit, or renewal
thereof a fee of ten dollars shall be paid by or on behalf of
the applicant.

F6. (1) The Chief of the Employment Service shall
conduct an investigation of the conditions surrounding any
application for a work permit, and he shall make a report
and recommendation to the Minister, and in making such
report and recommendation-

(a) he shall take into consideration, among other
things, the effect of the grant upon employment oppor-
tunities open to citizens of Antigua and Barbuda; and

(b) he may recommend that any work permit
granted contain such condition or conditions as appear
to be warranted under the circumstances, including the
conditions that-

(i) there be assigned, from among citizens of
Antigua and Barbuda, a counterpart-trainee
to the position for which the work permit is
being granted; and

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 9 7

(ii) a condition of renewal by the filing of periodic
reports on the progress of the counterpart-
trainee.

(2) Thereupon, the Minister shall decide whether or
not, and under what conditions, the permit shall be granted.

(3) Where a work permit is granted or renewed, it shall
take the form prescribed in the Third Schedule and, shall
not be valid unless and until the fees prescribed under sec-
tion F10 shall have been paid.

(4) A work permit granted shall be effective for such
period, not exceeding oile year, as the Minister shall allow;
but, upon application duly filed under section F5 and con-
sidered as prescribed under subsection (1) hereunder, said
permit may be renewed by the Minister from time to time.

F7. (1) If any person acts in contravention of or fails Penalty
applicable to to comply with the provisions of section F4, or fails to com- employees or

ply with any condition specified in a work permit granted self-employed
persons.

to him, he shall be liable on summary conviction to a fine
of fifteen hundred dollars or to imprisonment for six months,
and any work permit granted to him shall thereupon be
cancelled.

(2) In any such proceeding, a work permit signed by
the Minister stating the conditions upon which the permit
is granted shall be conclusive evidence of such conditions
unless the defendant proves otherwise.

F8. (1) If any employer employs a person who Penalty
applicable to

requires a work permit without that person having first employers.
obtained such work permit or in non-compliance with the
conditions attaching to a work permit, such employer shall
be guilty of an offence and shall be liable on summary con-
viction to a fine of fifteen hundred dollars or to imprison-
ment for six months.

(2) Where any offence against this section is commit-
ted by a body corporate, the chairman and every director
and every officer of the body corporate who knowingly
authorises or permits the offence shall be liable to the same
penalty.

LAWS OF ANTIGUA AND BARBUDA

98 CAP. 27) Antkua and Barbuda Labour Code

False statements
in application,

F9. If any person knowingly or wilfully makes any
etc. false statement in any form specified in section F5 which

is filed with the Employment Service of the Labour Depart-
ment or in response to any queries put to him in the course
of an investigation made under section F6 (I), he shall be
liable on summary conviction to a fine of seven hundred
and fifty dollars or to imprisonment for three months.

Fees. FlO. (1) There shall be paid by any person granted
a work permit such fee as shall be prescribed by the Minister
by Order. All such Orders may be varied or amended at
any time and shall as soon as possible be laid before
Parliament.

(2) The Minister may prescribe different fees for
different persons or categories of persons and for persons
receiving different wages or salaries at such rates as may
be prescribed.

(3) All fees for work permits shall be paid into the Con-
solidated Fund.

Regulations. 1 . The Minister may issue regulations, not incon-
sistent with the provisions of this Division, for the administra-
tion thereof.

Repeal.
6 of 1971.

F 12. The Work Permit Act 197 1 is repealed; except
s . ~ . k o . l 4 / 1 9 7 1 . that the Work Permit (Exemption) Order, 1971 issued under
S.R.&0.15/1971. section 3 (e) thereof and Work Permit (Fees) Order, 1971

issued under section 10 thereof shall be deemed to have been
issued under sections F3 (1) (g) and F10, and shall remain
in effect until and unless revised by further Order issued
under said respective sections; and except that all work per-
mits issued under that Act, which have not expired, shall
be considered to have been issued under section F6.

Effective date. F13. The provisions of this Division shall become
effective upon enactment.

Transitional. F 14. Notwithstanding anything in this Division, a
person who, on 3 1st October, 1981, was regarded as belong-
ing to Antigua for the purposes of this Division and who
on 1st November, 1981, is not a citizen of Antigua and

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 99

Barbuda according to law shall, for the purposes of this Divi-
sion, and only for those purposes, be deemed to be a citizen
of Antigua and Barbuda-

(a) for a period of eighteen months beginning with
1st November, 1981; or

(b) if before the expiration of that period he applies
to be registered as a citizen of Antigua and Barbuda,
until he is so registered, or his application is finally
refused.

Application under section F5 of WORK PERMITS DIVISION
of the Antigua and Barbuda Labour Code.

hereby make application for work permit under the provisions
of the Work Permit Division of the Antigua and Barbuda Labour
Code.

The particulars stated below are true and correct-
. .

(a) Country of origln ..........................................................................

( b ) Date of Birth ......................................................................................

(6) Training and experience

(d) Number, date and place of issue of Passport

( e ) Date of arrival in Antigua and Barbuda ............................

(f) Period of stay granted by Immigration Authorities ......

&) Place of residence before arriving in Antigua and Barbuda

(h) Employerllntended employer ......................................................

(9 Salary or wage ......................................................................................
@ (If self-employed) Business, trade, occupation or profession

LAWS OF ANTIGUA AND BARBUDA

100 CAP. 27) Antigua and Barbuda Labour Code

( k ) Comments ............................................................................................

Dated this day of , 19 .......,

.................................

Signature of Applicant.

Attachment to Application under section F5 of
WORK PERMITS DIVISION

of the Antigua and Barbuda Labour Code.

IIWE ..................................... .................., of .............................. hereby

request that a work permit be issued to

The particulars stated below are true and correct to the best
of our knowledge, information and belief-

(a) Nature of employment offered

( b ) Nature of mylour business, trade, profession or
occupation.

(6) Rate of pay and conditions of employment offered

(d) Was vacancy advertised locally? (Give details)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature.

(if a company, stamp and signature
of Director.)

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 101

THIRD SCHEDULE
WORK PERMIT under section I76 of WORK PERMITS

DIVISION
of the Antigua and Barbuda Labour Code.

THIS WORK PERMIT is issued to ................................................
(hereinafter called the holder) under the provisions of the Work
Permit Division of the Antigua and Barbuda Labour Code.

The holder may, during his stay in Antigua and Barbuda
be employedlengaged as a-

by ..................................................................
under the following conditions:

This work permit shall be valid for a period of
from the date of issue.

Dated this . . . . . . . . . . . . . . . . day of ......................... 19 ......................

....................................................
Minister responsible for Labour.

DIVISION G

Trade Unions

1 . This Division may be cited as the Trade Unions short title.
Division.

G2. In this Division, unless the context otherwise Interpretation-
requires-

'' committee of management" of a trade union means
all officers and trustees thereof;

"registered trade union" means a trade union registered
under Division H; and

"statutory objects" means the regulation of the rela-
tions between workmen and employers, or between

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102 CAP. 27) Antigua and Barbuda Labour Code

workmen and workmen; the negotiation and deter-
mination of employees' working conditions in the
conduct of business; andfor the providing of benefits
to employees.

General Principles

Legality of action 63 . Within the limitations set forth hereinbelow, the
in pursuance of
statutory objects. performance of acts in pursuance of the statutory objects shall

not be unlawful; and the fact that two or more persons per-
form such acts shall not, merely by virtue of this joint ac-
tion, be construed to make the acts unlawful.

Combinations
with objects

64 . ( 1 ) Subject to the provisions of section GI8 any
other than combination composed of employees or of persons acting on
~ t a m t o r y ~ ~ j ~ c t s - behalf of employees which has, in whole or in part, the

statutory objects shall be deemed to be a trade union for
the purposes of this Division.

( 2 ) The fact that any such combination's pursuance of
objects other than statutory objects does not prevent it from
being a trade union is not, however, to be construed as
entitling it to perform acts in pursuance of any unlawful
objects.

Suits by and
against trade

G5. (1) Within the limitations set forth in this Divi-
unions. sion any trade union may sue or be sued-

( a ) if there are trustees, in the name of its trustees;

(6 ) if there are no trustees, in the name of any of
its officers;

(c ) if there are no officers, in the name of any of
its members; or

(6) if there are no present members, in the name
of any of its last-known trustees, officers, or members.

(2) In any action by or against a trade union, the per-
sons authorized by the rules of the union so to act, are hereby
empowered to bring or defend, or cause to be brought or
defended, any action, suit, prosecution, or complaint in any
court of law or equity or in any authorized tribunal, touching

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 103

upon or concerning the property, right, or claim of proper-
ty of the union; and shall or may in all cases concerning
the real or personal property of such trade union, sue and
be sued, plead and be impleaded in any such court, in their
proper names and titles, without other description.

(3) No such action, suit, prosecution, or complaint shall
be discontinued or shall abate by reason of the death or
removal from office of any such person, but the same shall
proceed and may be proceeded in by his successor as if such
death, resignation or removal had not taken place; and such
successor shall pay or receive the like costs as if the action,
suit, prosecution, or complaint, had been commenced in his
name as one of the parties for the benefit of, or to be reim-
bursed from, the funds of the union.

(4) A summons to be issued to any such person may
be served by leaving the same at the registered office of the
union.

G6. A court shall not entertain any legal proceedings When trade
union contracts instituted with the object of directly enforcing or recovering not

damages for the breach of-

(i) any agreement between a trade union and an
employer, except as provided by section K27;

(ii) any agreement between members of a trade
union concerning the conditions on which any
members of the union shall or shall not sell
their goods, transact business, employ or be
employed;

(iii) any agreement for the payment by any per-
son for any subscription or penalty to a trade
union;

(iv) any agreement for the application of funds of
a trade union-

(a) to provide benefits to members;

( b ) to furnish contributions to any
employer or workman not a member of that
union in consideration of the employer or
workman acting in conformity with the rules
and resolutions of the union; or

LAWS OF ANTIGUA AND BARBUDA

CAP. 27) Antifua and Barbuda Labour Code

( 6 ) to discharge any fine imposed upon
any person by sentence of a court of justice;

(v) any agreement between one trade union and
another; or

(vi) any bond to secure the performance of any of
the above agreements:

Provided however that nothing in this section shall be
deemed to render any of the above mentioned agreements
unlawful.

Prohibition of
actions of tort
against trade
unions.

G7. (1) An action against a trade union or against
any members or official thereof on behalf of themselves or
of other members thereof, in respect of any tortious act alleged
to have been committed in respect of industrial action by
or on behalf of the union, shall not be entertained by any
court.

(2) Nothing in this section shall affect the liability of
the trustees of a trade union to be sued for any tortious act
committed by any of them personally, except in respect of
any tortious act committed by or on behalf of the union in
contemplation of or in furtherance of a trade dispute.

Removal of
liability for

6 8 . (1) The purposes of any trade union registered
restraint of under this Division shall not, by reason merely that they
trade. may be in restraint of trade, be deemed so unlawful as to

render any member of such trade union liable to criminal
prosecution for conspiracy or otherwise.

(2) The purposes of any such trade union shall not by
reason merely that they are in restraint of trade be unlawful
so as to render void or voidable any agreement or trust
involving the union.

Removal of G9. An act done in contemplation or furtherance of
liability for
breaching a trade dispute shall not be actionable on the ground only
employment that it induces some other person to break a contract of
contract, etc.

employment or that it is an interference with the trade,
bus%-&, or employment of some other person, or with the
right of some other person to dispose of his capital or his
labour as he wills.

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Antigua and Barbuda Labour Code (CAP. 27 105

GlO. Every undertaking or promise, whether written F m i s e ~ not to
join unions.

or oral, express or implied, constituting or contained in any
agreement to hire or in any employment contract between
any prospective employee or employee and any employer
wherein the employee promises not to join, become, or
remain a member of a trade union is hereby declared to be
contrary to public policy, shall not be enforceable in any
court, and shall not afford the basis for the granting of legal
or equitable relief by any court.

1 . (1) An agreement or combination of two or Conspiracy in
relation to trade more persons to do or procure to be done any act in disputes.

contemplation or f~~rtherance of a trade dispute shall not be
indictable as a conspiracy if the act, if committed by one
person, would not be a crime.

(2) An act done in pursuance of an agreement or com-
bination by two or more persons shall, if done in contempla-
tion or furtherance of a trade dispute, not be actionable unless
the act done without any such agreement or combination
would be actionable.

( 3 ) It shall be lawful for one or more persons, acting
on their own behalf or on behalf of a trade union or of an
individual employer or firm, in contemplation or furtherance
of a trade dispute, to attend at or near a place where a person
works, carries on a business, or happens to be, or any a p
proach to such place, within the limitations of section K20(2)
(h ) if they do so merely for the purpose of peacefully obtain-
ing or communicating information (whether or not such
information is in fact true) or of peacefully persuading any
person to work or to abstain from working.

(4) Notwithstanding subsections (1) to (3) inclusive
nothing in this section shall affect the law relating to riot,
unlawful assembly, breach of peace, or sedition or any offence
against Antigua and Barbuda.

G12. Except in strict conformity with the provisions ~~;~~~~;;:;;e,
of this Code, no court shall have jurisdiction to issue any in trade disputes.
restraining order or interlocutory or perpetual injunctive relief
in any case involving or growing out of any trade dispute,
to prohibit any participating or interested persons from doing,
whether singly or in concert, any of the following acts-

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106 CAP. 27) Antigua and Barbuda Labour Code

(a ) ceasing or refusing to perform any work or to
remain in any relation of employment;

(6) becoming or remaining a member of any labour
organization, regardless of any such undertaking or
promise as is described in section G10;

(c) paying or giving to, or withholding from, any
person participating or interested in such trade dispute,
any strike or unemployment benefits or insurance, or
other moneys or things of value;

(d) by all lawful means aiding any person par-
ticipating or interested in any trade dispute who is being
proceeded against in, o r is prosecuting, any action or
suit in any court;

( e ) giving publicity to the existence of, or the facts
involved in, any trade dispute, whether by advertising,
speaking, patrolling, or by any other method not
involving fraud or violence;

Cf) assembling peaceably to act or to organize to
act in promotion of their interests in a trade dispute;

e) advising or notifying any person of an inten-
tion to do any of the acts heretofore specified;

(h ) agreeing with other persons to do or not to do
any of the acts heretofore specified; or

(i) advising, urging, or otherwise causing or in-
ducing without fraud or violence the acts heretofore
specified, regardless of any such undertaking or pro-
mise as is described in section G10.

Limitations upon
responsibility for

613. No officer or member of any trade union and
unlawful acts of no trade union participating or interested in a trade dis-
others. pute, shall be held responsible or liable in any court for the

unlawful acts of individual officers, members, or agents,
except upon proof of actual participation in, or actual
authorization of, such acts, or of ratification of such acts
after actual knowledge thereof.

Application of
union funds.

614 . (1) Any trade union shall have power to apply
its funds for any lawful object or purpose as and when
authorized by its constitution.

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Antigua and Barbuda Labour Code (CAP. 27 107

(2) The funds of a trade union shall not be applied,
either directly or indirectly or in conjunction with another
trade union, association or body, or otherwise indirectly in
the furtherance of the political objects set forth in subsection
(3) (without prejudice to the furtherance of any other political
objects), except under the following conditions-

(a) The furtherance of each of these objects by
funds of the union must have been approved by separate
resolutions passed on a ballot of members or delegates
of the union taken at a regular or special meeting thereof
in accordance with the provisions of this section by a
majority of those voting;

( 6 ) Any payments in furtherance of these objects
must by made out of a separate fund (in this Division
referred to as a political fund of the union,) which fund
shall not come from the general treasury of the union
but shall come from special levies upon the members
in accordance with a resolution referred to in paragraph
(a); and

(c) Any member of a trade union may, within
twenty-one days after receiving notice of a special levy
sent him in accordance with a resolution referred to in
paragraph (a) give written notice that he objects to con-
tributing to the union's political fund under this levy,
in which case he shall, as long as his notice is not
withdrawn, become exempt from contributing to said
fund under this levy.

(3) The political objects to which a political fund applies
are the expenditure of money-

(a) on the payment of any expenses incurred direct-
ly or indirectly by a candidate or prospective candidate
for election to the House of Representatives or any public
office (that is, the office of member of any municipal
body or of any local road board or of any public body
which has power to raise money, directly or indirectly,
by means of a rate) before, during, or after the election
in connection with his candidature;

(b) on the holding of any meeting or the distribu-
tion of any literature or documents in support of any
such candidate or prospective candidate;

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108 CAP. 27) Antigua and Barbuda Labour Code

(6) in connection with the registration of electors
or selection of a candidate for the House of Represen-
tatives or public office;

(4 on the holding of political meetings of any kind,
or on the distribution of political literature or political
documents, unless the main purpose of the meetings
or of distribution of the literature is the furtherance of
statutory objects within the meaning of this Division; or

(e) on the maintenance of any person who is a
member of the House of Representatives or who holds
a public office.

(4) Any member who is exempt from an obligation to
contribute to the union's political fund in accordance with
subsection (2) (6) shall not therefor be placed in any respect,
either directly or indirectly, under any disability or at any
disadvantage as compared with other members of the union
(except in relation to the control or management of that part
of the political fund as to which he is exempt from any obliga-
tion to contribute).

( 5 ) Contribution to a political fund shall not be made
a condition for admission to a union.

Amalgamation G15. Any two or more trade unions may, by the con-
unions.

sent of not less than two-thirds of the members or delegates
of each thereof, become amalgamated together as one trade
union, with or without any dissolution, division, or pooling
of the funds of the union parties or either or any of them;
but no amalgamation shall serve to extinguish any of the
pre-existing rights or obligations of any of the union parties.

Membership of
minors.

G16. Any person under the age of legal majority but
not under the age of sixteen years may be a member of a
trade union, unless provision to the contrary is made in the
rules thereof; and he may, except as hereinbelow provided,
enjoy all the rights of a member, execute all instruments,
and give all acquittances necessary to be executed or given
under the rules, but-

(i) he shall not be a member of a committee of
management, a trustee, or the treasurer of a
union;

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Antigua and Barbuda Labour Code (CAP. 27

(ii) he may, by writing under his hand, delivered
at or sent to the registered office of the union,
nominate any person other than an officer or
servant of the union (unless such officer or ser-
vant is the husband, wife, father, mother,
brother, sister, nephew, or niece of the
nominator) to whom any moneys payable on
the death of the member shall be paid at his
decease; and he may from time to time
thereafter revoke or revise such nomination
by writing under his hand similarly delivered
or sent; and on receiving satisfactory proof of
the death of the nominator, the union shall
pay to the current nominee the amount due
to the deceased member.

G17. (1) If any person, by false representation or Falsely obtaining
or misapplying

impersonation, obtains possession of any moneys, securities, ,,ion .fkCts.
books, papers, or other effects of a trade union, or, having
the same in his custody or possession, wilfully withholds or
fraudulently misapplies the same, or wilfully applies any part
of same to purposes other than those expressed or directed
in the rules of said trade union, said person shall be guilty
of an offence; and on summary conviction therefor, the court,
if it sees fit, may summarily order such person to deliver
up all such moneys, securities, books, papers, or other ef-
fects to the trade union or to repay the amount of money
obtained or applied improperly and to pay a further sum
not exceeding three hundred dollars, together with costs.

(2) Upon non-compliance with an order under subsec-
tion (1) in whole or in part, the Court may order the person
so convicted to be imprisoned, for any period not exceeding
six months.

(3) Nothing herein shall prevent the said trade union
from taking whatever other legal steps against the person
aforesaid for the recovery of said moneys, etc., or from pro-
ceeding by indictment against him; but no person shall be
proceeded against by indictment if a conviction has been
previously obtained for the same offence under the provi-
sions of this Division.

110 CAP. 27) Antigua and Barbuda Labour Code

Formation of
union.

618. Any combination of two or more persons
devoted to, among other things, the pursuance of statutory
objects, shall qualify as a trade union within the meaning
as assigned thereto by section A5; provided that, within ten
days of the formation thereof-

(i) it adopt a name-

(a) which name shall not be identical with
that of any registered trade union; and

( b ) which name shall not so nearly resem-
ble that of any registered trade union as to be
likely to deceive;

(ii) it establish the location of a registered office
to which all communications and notices may
be addressed;

(iii) it adopt a constitution and a set of rules none
of which shall be inconsistent with the statutory
objects of a trade union; and

(iv) it designate persons to act as officers, including
at least two trustees.

Subsequent
actions.

G ig . (1) A trade union may, after formation, make
such changes in its name (within the requirements of sec-
tion G18(i) (a) and (6) ), its registered office, its constitution
and rules, and the identities of its officers, as it sees fit:

Provided, however, that any such changes shall be made
only by motions or resolutions passed on a ballot of members
or delegates taken at a regular or special meeting thereof
by a majority of those voting.

(2) No such changes shall affect any right or obligation
of the union or any of its members, and any pending litiga-
tion may be continued by or against the trustees or any other
officer of the union, who may sue or be sued on behalf of
said trade union.

(3) (a). At least once per period of twelve months after
the formation of the union, there shall be prepared, no
later than ninety days after the expiration of the period
covered, an accurate report of the union's financial tran-
sactions and an accounting of its assets and liabilities,

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Antigua and Barbuda Labour Code (CAP. 27 111

audited by a chartered accountant or other qualified pro-
fessional accountant unconnected with the union except
with respect to this auditing function.

(b) A copy of the report shall be made available
for inspection and copying by any member, on request
of that member.

(c) Responsibility for compliance with paragraphs
(a) and (b) shall be that of the committee of manage-
ment of the union, jointly and severally; and any con-
travention thereof shall be an offence, making an
offender liable on summary conviction to a fine of one
hundred and fifty dollars.

G20. (1) Each trade union, registered or unregistered Filing of
collective

within ten days of the final execution or amendment thereof, agreements.
shall file with the Labour Department a copy of each collec-
tive agreement between it and any employer covering
employees of that employer.

(2) Responsibility for compliance with the requirement
of subsection (1) shall be that of the committee of manage-
ment of the union, jointly or severally; and any contraven-
tion thereof shall be an offence, making an offender liable
on summary conviction to a fine of one hundred and fifty
dollars.

G21. Any person, who with intent to mislead or Circulating copies of ~ l e s , fal e
defraud, gives to any member or to any person intending etc.
or applying to become a member of a trade union-

(i) a copy of any rules thereof, on the pretence
that they are the existing rules of the union
and that there are no others, when in fact they
are not the existing rules; or

(ii) a copy of any rules, on the pretense that such
rules are the rules of a registered trade union,
when in fact the union is not a registered trade
union,

shall be guilty of an offence and liable on summary convic-
tion to a fine of one hundred and fifty dollars.

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112 CAP. 27) Antkua and Barbuda Labour Code

Acts not
applicable to

G22. The following Acts shall not apply to trade
unions. unions:

Cap. 184.

Cap. 94.
(i) the Friendly Societies Act; and

(ii) the Companies Act.

General Principles Applicable to Registered
Trade Unions

Ownership of G23. (1) Any registered union may own property,
property.

both real and personal.

(2) All real or personal property belonging to any
registered trade union shall be vested in the union's trustees
for the time being, for the use and benefits of the trade union
and its members.

(3) Upon the death or removal of any such trustees the
property shall vest in the succeeding trustees for the same
estate and interest as the former trustees had therein, and
subject to the same trusts, without any conveyance or assign-
ment whatsoever.

(4) In all actions, suits, indictments, or summary pro-
ceedings before any court touching upon or concerning any
such property, the same shall be stated to be the property
for the time being of those holding the said office of trustees,
in their proper names, as trustees of said union, without any
further description.

(5) Any registered trade union may purchase or take
upon lease or rental, in the name of trustees of the union
for the time being, any real or personal property;

(6) Any registered trade union may sell, exchange, mor-
tgage, bail, or let its property, in any of which cases, no
purchaser, assignee, mortgagee, bailee, or tenant (whichever
is appropriate) shall be bound to inquire whether the trustees
have authority for said sale, exchange, mortgage, bailment
or letting; and the receipt of trustees shall be a discharge
for any money obligation arising therefrom.

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Antigua and Barbuda Labour Code (CAP. 27 113

G24. When a person, being or having been a trustee Absence
disability of of a registered trade union, in whose name any stock belong-

ing to such union which is transferable at any bank in Antigua
and Barbuda, either solely or jointly with another or others,-

(a) is absent from Antigua and Barbuda;

(b) becomes bankrupt or files any petition or
executes any deed for liquidation of his affairs by assign-
ment or arrangement or for composition with his
creditors;

(6 ) becomes a lunatic;

(6) is dead or, if it be unknown whether he is liv-
ing or dead; or

( e ) has been removed from his office of trustee,

the Labour Commissioner, on application from the secretary
and three members of the union and on proof satisfactory
to him, may direct the transfer of the stock into the name
of any other person or trustee for the union; and

(i) such transfer shall be made by the surviving
or continuing trustees; or

(ii) if there be no such trustees or if such trustees
refuse or are unable to make such transfer and
the Labour Commissioner so directs, the
transfer shall be made by the manager of the
bank,

in either of which cases the bank is hereby indemnified against
any claim or demand of any person injuriously affected
thereby.

G25. A trustee of any trade union registered under Limitation respons bility of of
this Division shall not be liable to make good any deficiency
which may arise or happen in the funds of the union, but
shall be liable only for the moneys which are actually receiv-
ed by him on account of said union.

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114 CAP. 27) Antigua and Barbuda Labour Code

Miscellaneous

Effective date. 626. The provisions of this Division shall become
effective upon enactment.

Bargaining Agents Registration
Short title. HI. This Division may be cited as the Bargaining

Agents' Registration Division.

Interpretation. HZ. In this Division, unless the context otherwise
requires-

' < control or domination of an employer, group of
employers, or employers' association", means such
control or domination as has been found under Part
I of Division K;

"federation of employers' associations" means an
organization composed of a combination or
amalgamation of employers' associations;

"federation of trade unions" means an organization
composed of a combination or amalgamation of
trade unions; and

'6 parent organization" in relation to a trade union or
employers' association, means an organization of
which the union or association is a branch or
section.

Eligibility of
bargaining agents

H3. (1) Every trade union or federation of trade
for registration. unions which is composed of seven or more members, and-

(a) is not under the control or domination of an
empl'oyer or group of employers; and

(b) has power, without the concurrence of any
parent organization, to alter any of its own rules and
to control the application of any of its own property
and funds,

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Antigua and Barbuda Labour Code (CAP. 27 115

shall be eligible for registration under this Division except
that no federation of trade unions shall be eligible for registra-
tion unless all the constituent or affiliated trade unions of
which it consists are registered.

(2) Every employers' association or federation of
employers' associations which has power, without the con-
currence of any parent organization, to alter its own rules
and to control the application of its own property and funds
shall be eligible for registration under this Division except
that no federation of employers' associations shall be eligi-
ble for registration unless all the constituent or affiliated
employers' associations are registered.

H4. (1) Application for registration shall be made ~ ~ : ~ ~ ~ : : ~ f o '
with the Labour Commissioner by or on behalf of the
bargaining agent seeking registration in such form and man-
ner as the Labour Commissioner shall require.

(2) Together with any such application, the following
shall be furnished-

(a) a copy of the rules of the organization and a
list of its officers;

(b) the names and addresses of branches, if any;

(c) the number of members at the time of applica-
tion; and

(d) if the organization has been in operation for
a period prior to the filing of the application, a state-
ment setting forth such information for that period (but
no more than for the year preceding the filing) as would
be contained in an annual financial report of the
organization required of all registered organizations
under section H8 (2);

(3) Upon the filing of any application for registration,
a fee of ten dollars shall be paid.

H5. (1) Upon the filing of any application for Action application for
registration under this Division, the Labour Commissioner registration.
shall, himself or through an appointee within the appropriate
Service of the Labour Department, investigate whether the

LAWS OF ANTIGUA AND BARBUDA

116 CAP. 27) Antigua and Barbuda Labour Code

bargaining agent seeking registration is in fact eligible for
registration.

(2) In said investigation, the Labour Commissioner,
or his appointee, may examine books and records and may
make such inquiries of such persons as he deems necessary
to determine the eligibility for registration of the bargaining
agent seeking same.

(3) In said investigation, any person who fails or refuses
to produce the books and records required for examination
or who produces such books and records which contain
material false representations of which he is aware, or any
person who fails or refuses to respond promptly to inquiries
directed to him hereunder or who, in his response, wilfully
makes false representations, shall be guilty of an offence for
which he shall be liable on summary conviction to a fine
of three hundred dollars.

(4) If he is satisfied from the investigation that the
bargaining agent seeking registration is not eligible for same,
the Labour Commissioner shall issue an order denying
registration, giving the reasons therefor.

(5) An applicant denied registration under subsection
(4) may within five days, request a review of the denial by
a Board of Review, under procedures according with Sec-
tion B13;

(6) A final order denying registration is without pre-
judice to a new filing for registration under section H4 by
or on behalf of the bargaining agent denied registration, at
any subsequent date.

(7) If he is satisfied from his investigation that the
bargaining agent seeking registration is eligible for same,
the Labour Commissioner shall issue a certificate of registra-
tion to the bargaining agent-

( a ) stating whether it is a trade union, an
employers' association, or otherwise; and

( 6 ) specifying the name in which the bargaining
agent is registered; but the name so specified-

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Antigua and Barbuda Labour Code (CAP. 27 117

(i) shall not be identical with that of any other
bargaining agent presently registered; and

(ii) shall not so nearly resemble that of any other
' bargaining agent presently registered as, in the
opinion of the Labour commissioner, to be
likely to deceive.

(8) During the interval between the filing of its applica-
tion and the issuance of an order denying registration or
a certificate of registration (whichever is applicable), a
bargaining agent shall be presumed eligible for registration
and shall enjoy the privileges of a registered bargaining agent
as specified in this Code and shall be subject to the respon-
sibilities of a registered bargaining agent as specified in sec-
tion H6 or H7, whichever is applicable, and of section H8;
except that the presumption shall not apply if-

(a) an order denying registration has been issued
under subsection (4) until and unless the order has been
reversed by a decision on review;

(b) the application is a renewed application filed
within one year after the issuance of a final order deny-
ing registration to the same bargaining agent; or

(c) the application is a renewed application filed
within one year of the issuance to that bargaining agent
of a certificate of de-registration under section H10.

(9) A certificate of registration issued shall be valid for
one year from the date of issuance; provided, however that,
within ten days after said issuance, there be paid by or on
behalf of the bargaining agent covered by the certificate a
fee based upon a scale fixed by an order of the Minister,
which scale shall be based, at least in part, upon the number
of members in the bargaining agent seeking registration.

H6. (1) A registered trade union shall adhere to the Y ~ ~ ~ ~ l e ; o ~ f
course of conduct specified in the following subsections. registered trade

unions.

(2) Any person who applies for membership, and who-

(a) is a worker of the description, or of one of the
descriptions, of which its members wholly or mainly con-
sist, and

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118 CAP. 27) Antigua and Barbuda Labour Code

(b) is appropriately qualified for employment as a
worker of that description,

shall not, by way of arbitrary or unreasonable discrimina-
tion, be excluded from joining said trade union; except that,
if, within the twelve months immediately preceding his
application, he has been expelled from membership therein
in accordance with subsection (9) his application for member-
ship may be rejected therefor.

(3) There shall be periodic elections of officers, occur-
ing at intervals of no more than two years;

(4) Except on a temporary basis in emergency situa-
tions, no person shall hold office except by election;

(5) No person shall hold office for more than two years
except upon re-election;

(6) No member of the trade union in good standing
shall be unreasonably excluded from-

(a) attending or taking part in any meeting of the
trade union;

(6) being a candidate for or holding any office
therein;

(6 ) nominating candidates for such office;

(d) voting in any election for such office; or

(e) voting in any ballot of the members thereof.

(7) Any ballot among the members of the trade union,
upon request of any member, shall be secret; and, in any
ballot and on any motion, every member shall have a fair
and reasonable opportunity to vote without interference or
restraint.

(8) With respect to the annual financial report a copy
of which is' required to be prepared under section H8 (5)
herein, the trade union shall-

(a) supply a copy thereof free of charge to each of
its members; or

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Antigua and Barbuda Labour Code (CAP. 27

(b) cause the report to be published in a journal
relating to its affairs which is available to its members; or

( c ) post a copy for easy inspection by members.

(9) No member of the trade union shall be subjected
by or on behalf of the trade union to any unfair or
unreasonable disciplinary action; specifically, except in
respect of non-payment of any contribution which, under
the rules of the trade union, he is required to pay, no member
shall be subjected to discipf nary action, including expulsion
from membership, unless-

(i) he has had a written notice of the charges
brought against him under an existing rule of
the trade union;

(ii) he has been given a reasonable time to prepare
his defence;

(iii) he is afforded a full and fair hearing; and

(iv) a written statement of the findings resulting
from the hearing is given him.

(10) In the event of a person's expulsion from the trade
union in accordance with subsection (9) he shall not be
caused to lose his employment thereby,

(1 1) No restriction shall be placed on any member in
respect of his instituting procedures, or prosecuting, defen-
ding, or testifying in any court or tribunal or before the
Minister or the Labour Department.

(12) A member may withdraw from membership at any
time, upon reasonable notice; and he shall not be caused
to lose his employment thereby.

(13) The trade union's current rules shall be available
for inspection by members at all reasonable times.

(14) The trade union's rules-

(a) shall not be inconsistent with any of the re-
quirements of subsections (2) to (13); and

(6) shall be uniformly applied.

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120 CAP. 27) Antigua and Barbuda Labour Code

Principles of
conduct for

H7. (1) A registered employers' association shall
registered adhere to the course of conduct specified in the following
employers' subsections.
organizations.

(2) Any person who applies for membership, and who
is an employer or individual proprietor of the description
or of one of the descriptions, of which its members wholly
or mainly consist, shall not, by way of arbitrary or
unreasonable discrimination, be excluded from membership
in the association.

(3) No member of the association shall be subjected by
or on behalf of the association to any unfair or unreasonable
disciplinary action.

(4) A member may withdraw from membership at any
time, upon reasonable notice:

Provided, however, that-

(a) he may not effectuate any withdrawal during
the period from the commencement of a series of col-
lective negotiation meetings on his behalf to the date
of the reaching of a collective agreement resulting from
said negotiations, the imposition of the terms of a col-
lective agreement by a decisional officer created by this
Code, or the abandonment of bargaining by both his
bargaining agent and the trade union with which it has
been bargaining (whichever is applicable); and,

(b) any withdrawal effective upon the reaching of
or imposition of a collective agreement as specified in
subparagraph (a) shall not serve to release him of any
obligation under said agreement for the full term thereof.

(5) The current rules of the organization shall be
available for inspection by any member at all reasonable
times.

(6) .The rules of the organization-

(a) shall not be inconsistent with any of the re-
quirements of subsections (2) to (5); and

(b) shall be uniformly applied.

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Antigua and Barbuda Labour Code (CAP. 27 12 1

H8. (1) Every registered bargaining agent shall have :22:;yts
a registered office to which all communications and notices bargaining
may be addressed for any purpose. agents, in

general.

(2) Every registered bargaining agent shall cause to be
kept proper accounting records with respect to all of its assets
and liabilities, and all of its financial transactions; and in
connection therewith, it shall establish and maintain a
satisfactory system of control of said accounting records its
cash holdings, and all its receipts and remittances.

(3) Said accounting records shall not be .regarded as
proper if they do not give a fair view of the financial state
of affairs of the bargaining agent.

(4) Every registered bargaining agent shall appoint an
auditor to audit its accounting records at least once per year,
which auditor shall be a chartered accountant or other
recognized accountant unconnected with the union except
with respect to this auditing function.

(5) Every registered bargaining agent shall cause to be
prepared, and to be audited, an annual financial report.

(6) Within ninety days after the close of the fiscal year
covered thereby, every registered bargaining agent shall file
a copy of said report, and a certificate of audit thereof with
the Labour Commissioner.

(7) Every registered bargaining agent shall keep a
register of its members in such form as the Labour Com-
missioner shall require.

(8) Every registered bargaining agent, within ninety
days after the close of the fiscal year covered by the annual
financial report prescribed in subsection (5) shall submit a
summary report of its membership to the Labour Commis-
sioner in such form as he shall require; provided, however,
that the report need not contain the names of individual
members.

(9) Every registered bargaining agent shall file with the
Labour Department a copy of every collective agreement

LAWS OF ANTIGUA AND BARBUDA

122 CAP. 27) Antigua and Barbuda Labour Code

to which it is a party within ten days of the execution or
amendment thereof.

(10 ) Whenever there is a change in the name, the ad-
dress of the registered office, the rules, the officers, or the
names or addresses of branches, if any, of a registered
bargaining agent, that organization shall notify the Labour
Commissioner thereof within ten days after any such change
is made.

Renewed
registration.

H9. ( 1 ) On the anniversary date of each bargaining
agents' registration, the Labour Commissioner shall issue
a new certificate of registration to that organization free of
charge.

(2) The new certificate of registration issued shall be
valid for one year from the date of issuance.

Withdrawal or
cancellation of

HlO. (1) The registration of a bargaining agent shall
registration. be cancelled-

(a ) upon the request of the organization; or

(b ) if the organization is no longer eligible for
registration under this Division.

(2) A registered trade union is no longer eligible for
registration under this Division if-

(a) It no longer meets the requirements of section
H 3 (1);

( b ) It fails to adhere to any of the principles of con-
duct set forth in section H6; or

(c) It fails to comply with any of the requirements
of section H 8 .

( 3 ) A registered employers' association is no longer eligi-
ble for registration under the Act if-

'

(a ) it no longer meets the requirements of section
H 3 ( 2 ) ;

( 6 ) it fails to adhere to any of the principles of con-
duct set forth in section H7; or

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Antigua and Barbuda Labour Code (CAP. 27 123

( 6 ) it fails to comply with any of the requirements
of section H8.

(4) (a) The Labour Commissioner shall, if he has
received a specific complaint in writing from any per-
son who is a member of the registered bargaining agent
the subject of the complaint alleging that such registered
bargaining agent is no longer eligible for registration
and if it appears to the Labour Commissioner that the
particulars of which complaint if true would be a ground
for refusing registration, thereupon investigate the
eligibility for registration of such registered bargaining
agent.

( b ) Such investigation shall be conducted by the
Labour Commissioner or his appointee from among the
officers in the appropriate Service of the Labour
Department.

(c) In the conduct of the investigation, the Labour
Commissioner, or his appointee, shall have the same
powers as are described in section H5 (2) and any per-
son who fails to produce books or records required for
examination hereunder or who produces such books or
records which contain material false representations of
which he is aware or who fails to respond promptly to
inquiries directed to him hereunder or who, in his
responses, wilfully makes false representations, shall be
guilty of an offence for which-

(i) he shall be liable on summary conviction to
a fine of three hundred dollars; and

(ii) if the person convicted is an officer of the
bargaining agent under investigation, the
Labour Commissioner may cancel the registra-
tion of such bargaining agent.

(5) If, upon investigation, the Labour Commissioner
believes that the registered bargaining agent is no longer eligi-
ble for registration, he shall issue a rule setting forth his belief,
with the grounds therefor in writing and calling upon the
bargaining agent to show cause, within a specified period,
why the registration should not be cancelled.

LAWS OF ANTIGUA AND BARBUDA

124 CAP. 27) Antigua and Barbuda Labour Code

(6) If no response to the rule to show cause is filed,
the Labour Commissioner shall forthwith issue a certificate
of deregistration.

(7) If a response to the rule is filed, the Labour Com-
missioner shall consider same and shall take appropriate steps,
including but not limited to the following-

(a ) he may decide the matter upon the rule and
the response;

(b ) he may make, or cause to be made by an officer
in the appropriate Service of the Labour Department,
such further investigation as appears to be necessary; and

(c) he may provide for a hearing on the matter,
at which he shall preside.

(8) If, upon the basis of steps taken under subsection
(7 ) he is satisfied that the involved organization is not eligi-
for continued registration he shall issue an order to this effect.

(9) If, upon the basis of steps taken under subsection
(7) he is satisfied that the involved organization is not eligible
for continued registration, he shall-

(a ) issue an order requiring the organization,
within a time specified within the order, to make such
changes as he deems necessary for it to be eligible for
continued registration and he shall consider the acts
thereupon taken in determining what next to do; or

(b ) issue a certificate of deregistration.

( 1 0 ) All actions of the Labour Commissioner taken
under this section shall, upon a written request, filed within
5 days, be reviewed by a Board of Review under procedures
according with section B13.

( 1 1 ) A bargaining agent whose registration has been
cancelled at its request or to whom a certificate of deregistra-
tion has been issued shall no longer be considered a registered
bargaining agent under this Division; but this is not to be
construed as prohibiting future registration upon appropriate
application and demonstration of the attainment of eligibility.

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Antigua and Barbuda Labour Code (CAP. 27 125

1 . (1) If, in the course of any investigation of secrecy.
authorized in this Division the Labour Commissioner, his
appointee, or any other person ascertains the name of any
member of a trade union, he shall not disclose such name
to any other person except in so far as disclosure within the
Labour Department is necessary for the proper performance
of his duties.

(2) Any person who contravenes the above subsection
shall be guilty of an offence and liable on summary convic-
tion to a fine of seven hundred and fifty dollars or to
imprisonment for three months.

H 12. The Minister may issue regulations, not Regulations.
inconsistent with the provisions of this Division, for the
administration thereof.

H13. (1) In addition to the duties and responsibilities tt:e,",l duties
which are assigned to him under the provisions of this Divi- comm;s,~o,e,.
sion and which may be assigned him by any regulations
issued thereunder, the Labour Commissioner shall maintain
a current list of bargaining agents registered under this Divi-
sion, with the addresses of their respective registered offices.

(2) He shall make available to any person for inspec-
tion and copying at all reasonable times, the lists of registered
bargaining agents and their registered addresses, and the
notifications, reports or revisions thereof, filed with him by
any registered agent within the past two years.

(3) He shall include an account of his activities under
this Division in the Annual Report of the Labour Depart-
ment, or in an annex thereto.

H14. All application and registration fees received Disposition of
shall be paid into the Consolidated Fund.

fees.

H15. The provisions of this Division shall become Effective date.
effective ninety days after enactment.

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126 CAP. 27) Antigua and Barbuda Labour Code

Employee-Representation Questions
(Resolution)

Short title. J1. This Division may be cited as the Employee-
Representation Questions (Resolution) Division.

National policy. 52. The following is the national policy underlying
this Division:

(a) Whereas the failure to resolve questions as to
the existence, and the extent, of the desire of employees
for bargaining representation is a cause of concern,
unrest, and industrial strife;

(b) Whereas, in the interests of equalizing the
bargaining power of employer and employees,, a fun-
damental principle of industrial life is that the choice
of a majority of a group of employees should be the
sole bargaining representative of the entire group; and

(G) Whereas it is equally important that, if there
is no majority choice, no trade union should be the sole
bargaining representative of the entire group:

(1) It now becomes necessary to create a machinery
whereunder questions concerning representation can be
resolved, machinery under which-

(i) a unit of employees appropriate for collective
bargaining purposes can be fixed;

(ii) there shall be a secret ballot in which the
uncoerced desires of the employees in an
appropriate bargaining unit can be ascertain-
ed; and,

(iii) in the interests of industrial stability, the choice
of said employees thus demonstrated shall be
effective for a reasonable period thereafter; but,

(iv) after a reaonable period has passed, there shall
be the opportunity for said employees to
express themselves anew in a secret ballot.

(2) The choice of the majority of an appropriate unit
of employees, having the obligation to represent all employees

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Antigua and Barbuda Labour Code (CAP. 27 127

in said unit for bargaining purposes, may receive remunera-
tion for its services.

53. In this Division, unless the context otherwise Interpretation.
requires-

"certification", means the Labour Commissioner's
official announcement that one or other registered
trade union has received the requisite number of
votes in a secret ballot among employees in an
appropriate bargaining unit to entitle it to act as
sole bargaining agent for the employees in said unit
(and such trade union may be referred to herein
as the "certified bargaining agent"); or the Labour
Commissioner's official announcement that, in such
a secret ballot, a majority of votes has been against
any trade union being entitled to act as sole bargain-
ing agent (and such announcement may be referred
to herein as the "Certificate of Results");

"decertification", means the Labour Commissioner's
official announcement that, in a secret ballot con-
ducted under this Division, a trade union which
has been acting as sole bargaining agent for a unit
of employees has received less than the requisite
number of votes entitling it to continue to act as
sole bargaining agent for such employees (and such
trade union may be referred to herein as the ''decer-
tified union");

' L employee" shall not include the spouse, son or
daughter, or parent of an employer where the
employer is an individual proprietorship; the
spouse, son or daughter, or parent of a partner
where the employer is a partnership; or any per-
son who owns or who has a beneficial interest in
at least ten percent of the ownership of a corpora-
tion which is the employer, or the spouse, son or
daughter, or parent of any such person;

"registered" trade union or employers' association
means one registered under Division H;

"sole bargaining agent7' means the representative of
a bargaining unit of employees, as described in sec-
tion 54;

LAWS OF ANTIGUA AND BARBUDA

Right of
exclusive
representation.

Method of
resolving
representation
questions,
generally.

CAP. 27) Antigua and Barbuda Labour Code

" supervisor" or "supervisory employee" means an
individual having authority in the interests of an
employer, to hire, assign, transfer, reward,
promote, demote, discipline, suspend, lay-off, or
discharge other employees or responsibly to direct
them or adjust their grievances, or effectively to
recommend any such action, if in connection with
the foregoing the exercise of such authority is not
merely of a routine or clerical nature, but requires,
rather, the use of independent judgement; and

" union security arrangement" means any requirement
whereunder membership of a trade union or pay-
ment of a negotiating fee to a sole bargaining agent
is a condition of entitlement to a benefit under a
collective agreement.

54. Despite the general rule laid down in section K3
that an employee may be represented for bargaining pur-
poses by an agent of his own choice or by no such agent,
a registered trade union designated or selected for such
purposes by a majority of the employees in a unit appropriate
for collective bargaining purposes shall be the sole represen-
tative of all the employees in employment in said unit for
the purposes of collective bargaining purposes in respect of
the working conditions therein:

Provided, however, that any individual employee, or
group of employees, or any trade union so requested by an
employee in the unit, shall have the right at any time to
present grievances to an employer and to have such
grievances adjusted, without the intervention of the sole
bargaining agent, so long as the adjustment is not inconsis-
tent with the terms of a currently effective collective agree-
ment between the employer and the sole bargaining agent;
on condition, however that the sole bargaining agent is given
the opportunity to be present at such adjustment to ensure
consistency with the terms of the agreement.

J5. Whenever there is a timely-raised question as to
whether or not a majority of the employees in any appropriate
bargaining unit wish to be thus represented the question shall
be decided through a secret ballot conducted by the Labour
Commissioner, under the conditions set forth in this Division;

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Antigua and Barbuda Labour Code (CAP. 27 129

and, thereupon, the Labour Commissioner's certification of
results shall constitute a resolution of the question.

J6. Any employee or his registered bargaining agent, Initiation of proceeding.
or any employer or his registered bargaining agent, may in-
itiate the procedures leading to such secret ballot, by the
filing with the Labour Commissioner of a Petition to Resolve
Employee-Representation Question, which Petition shall
describe the bargaining unit in which the question has arisen,
and shall assert, under oath, either that-

(i) at least thirty percent of employees herein have
designated or selected a named or petitioning
trade union, not presently recognized by their
employer, as their sole bargaining agent, to
represent them in collective bargaining;

(ii) at least thirty percent of the employees therein,
currently represented by a trade union as their
sole bargaining agent, no longer wish to be
so represented;

(iii) a registered trade union, having been recogniz-
ed by an employer as sole bargaining agent
in said unit, which recognition, however, was
not the result of the procedures provided
herein, now seeks certification through such
procedures; or

(iv) an employer has been met with a request or
demand by a registered trade union for
recognition as sole bargaining agent in said
unit and hereby seeks resolution of the validi-
ty of the union's request or demand.

57. (1) Immediately upon receipt of a Petition, under Preliminary action by Labour
section J6, the Labour Commissioner shall cause a copy ~ o , m ~ s s ~ o n e r ~
thereof to be posted on the bulletin board of the Labour
Department, along with a notice calling upon any registered
trade union (other than that for which the Petition seeks cer-
tification or decertification as sole bargaining agent) which
has been designated or selected by at least thirty percent of
the involved employees to assert a claim of intervention within
five days.

LAWS OF ANTIGUA AND BARBUDA

130 CAP. 27) Antigua and Barbuda Labour Code

(2) Within five days thereafter, the Labour Commis-
sioner, using the means described in section B5 (2) ( a) shall
call all interested parties together or otherwise seek to settle
the matter by voluntary adjustment or settlement, the only
acceptable settlements in such a matter being-

(a) an agreement by all parties that a secret ballot,
as described in section J11, be conducted by the Labour
Commissioner; or

(b) an agreement by the Petitioner that the Peti-
tion be withdrawn.

(3) Within ten days after the filing of the Petition, if
he has failed to achieve a voluntary adjustment or settle-
ment, the Labour Commissioner shall transmit the matter
to the Minister, with a full report thereon.

Action by
Minister on 58. On transmittal of the matter to him, the Minister
referral. shall seek to settle the matter as called for by section B6 (1);

and, should he fail to effect a voluntary adjustment or set-
tlement of all issues within twenty days of the filing of the
Petition, he shall refer the matter to a Hearing Officer for
formal handling in accordance with section B6 (2).

i
Formal
proceedings. J9. (I) The Hearing Officer to whom the formal

handling of a Petition to Resolve Employee-Representation
Question is assigned--either the Labour Commissioner or his
appointee from the Labour Relations Service of the Labour
Department-may, in his discretion, call the parties together
into a pre-hearing conference in an effort to narrow the issues;
but having caused a Notice of Hearing to be served on all
parties, he shall commence the hearing within at least ten
days after receiving the matter for formal handling.

(2) At the hearing, conducted in accordance with the
provisions of sections B9 and B10, the Hearing Officer shall
hear and determine such of the following issues as arise for
determination at the hearing-

(a) the truth or falsity of the assertion of substan-
tial employee support (or non-support, as the case may
be) contained in the Petition or in a claim of
intervention;

(b) the appropriateness of the bargaining unit;

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 131

(c) the timeliness of the Petition; or

(d) any other relevant issue by any of the parties.

(3) (a) The issue having been raised by one or other
of the parties, the truth or falsity of assertion of employee
support (or non-support) contained in the Petition or
in a claim intervention shall be investigated by the Hear-
ing Officer during a short recess called by him.

(6 ) The fact that either the petitioning union or
a union claiming intervention is the union-signatory to
a collective agreement which is currently effective or
has recently expired and which covers, in whole or in
part, the involved unit of employees, shall be presump-
tive proof of employee support of that union.

(c) Other evidence bearing on said support (or non-
support) may take the form of employee signatures on
bargaining-authorization cards or petitions (or decer-
tification petitions), of the involved unions records of
paid-up membership, or any other appropriate form.

(d) In this investigation, the Hearing Officer shall
compare the employees' names appearing in such
evidence with those on a current list of employees in
the unit.

( e ) Should the involved employer fail or refuse to
furnish a current list of employees in the unit, it may
be assumed that all names appearing on the evidence
bearing on employee support (or non-support) are
employees within the unit.

(f) In no case shall the Hearing Officer or any other
person reveal to anyone the names of the employees who
supported (or failed to support) a trade union, as reveal-
ed by the above evidence; and any person who fails to
comply with this provision shall be guilty of an offence
and liable on summary conviction to a fine of seven
hundred and fifty dollars or imprisonment for three
months.

(4) (a) The issue having been raised by one or other
of the parties, the Hearing Officer shall receive stipula-
tions, concessions, testimony, and arguments as to the

LAWS OF ANTIGUA AND BARBUDA

CAP. 27) Antigua and Barbuda Labour Code

appropriateness of the bargaining unit described in the
Petition.

(b) Relevant factors bearing on the appropriateness
of the unit shall include, but shall not be limited to-

(i) the history of collective bargaining as it relates
to the involved employer, other employers in
the industry, and employers, generally, in
Antigua and Barbuda;

(ii) the community of interest among those
employees within and outside the described
unit;

(iii) the interchangeability of, and line of progres-
sion among, employees within and outside the
described unit; and

(iv) the integration of work-processes as between
employees within and those outside the
described unit.

(c) Neither officials of management, supervisors,
confidential clerical employees whose duties involve
access to an employer's personnel records, nor security
guard employees shall be included in a bargaining unit
with other employees; but this is not to be interpreted
as prohibiting the representation by trade unions, in
separate bargaining units, of confidential clerical
employees whose duties involve access to an employer's
personnel records or of security guard employees.

(5) (a) The issue having been raised by one or other
of the parties, the Hearing Officer shall receive stipula-
tions, concessions, testimony, and arguments as to the
timeliness of the Petition.

(b) No election under this Division shall be held
within one year of a valid election previously held;
therefore, any Petition to Resolve Employee-
Representation Question filed within one year of a valid
election previously held shall be untimely.

(c) Where the employees involved in the Petition
are currently covered by a collective agreement between

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 133

their employer and the sole bargaining agent within the
meaning of section 54 the existence of said contract shall
act as a bar to any proceedings hereunder, and any Peti-
tion shall thereupon be considered untimely:

Provided that-

(i) if it be filed between thirty and ninety days
before the termination of such agreement
whose term be for one year or less, the Peti-
tion shall be considered timely filed;

(ii) if it be filed between sixty days and one hun-
dred and twentv davs before the termination

, I

of the areement whose term be more than .,
one but no more than two years, the Petition
shall be considered timely filed;

(iii) if it be filed between ninety days and one hun-
dred and fifty days before the termination of
the agreement whose term be more than two
years but not more than three years the Peti-
tion shall be considered timely filed; and

(iv) with respect to any agreement whose term
exceeds three years, if it be filed during the
last ninety days of the three-year period follow-
ing the effective commencement date of said
agreement, the petition shall be considered
timely filed:

And provided further that if both the employer-
signatory and the trade union-signatory to any such
agreement waive the existence of the agreement as a
bar to any proceeding herein, the Petition shall be con-
sidered timely filed.

(6) Neither a collective agreement of indefinite
duration, a collective agreement which fails to provide
for sole recognition of the trade union-signatory, nor
a collective agreement between an employer and an
unregistered trade union shall be a bar to any pro-
ceedings hereunder (and, hence, shall not render a Peti-
tion untimely); but nothing herein should be construed
as rendering such agreement unlawful-

LAWS OF ANTIGUA AND BARBUDA

134 CAP. 27) Antigua and Barbuda Labour Code

(i) unless found to be unlawful under Part 1 of
Division K; or

(ii) except to the extent such agreements may con-
tain provisions which contravene the
requirements of any provision of this Code.

(6) Any other relevant issue having been raised by one
or another of the parties, the Hearing Officer shall receive
stipulations, concessions, testimony, and arguments thereon.

(7) The Hearing Officer, within ten days after the close
of the hearing, shall issue a decision in compliance with sec-
tion B9 (5), in which-

(a) he shall direct that a secret ballot be conducted
under the supervision of the Labour Commissioner,
specifying the bargaining unit in which the ballot be
taken, the choice to appear on the ballot, and any other
appropriate details;

(6) he shall dismiss the Petition, specifying the
reasons therefor; or

(c) in accordance with section B11 he shall issue
any other remedial order which is relevant to the issues
and is just and reasonable on the merits of the case.

Review by Board J IO. Any party to the proceeding may, within five
of Review.

days after the issuance of the Hearing Officer's decision,
request a review thereof by a Board of Review, under pro-
cedures according with section B13.

The secret
ballot.

1 . (1) The provisions of this section shall apply to
secret ballots and conducted in accordance with an agree-
ment of all parties as reached under section J7(2) (a) and
those conducted under a direction of election appearing in
a decision of a Hearing Officer issued in accordance with
section J9(7) (a).

(2) Any secret ballot conducted hereunder shall be con-
ducted by, or under the supervision of, the Labour Com-
missioner or his appointee.

(3) Those eligible to vote shall be the employees within
the appropriate bargaining unit.

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 135

(4) A copy or copies of a Notice of Election, to be fur-
nished by the Labour Commissioner, shall be posted at a
conspicuous place or at conspicuous places at or near the
workplace of the employees in the involved bargaining unit
for at least one week preceding the election, which notice
shall-

(a ) give the date, hours, and place of balloting;

(6) describe the requirements for elegibility to vote;

(c) contain a notification, in bold print, that any
trade union which obtains a majority of the valid votes
cast shall be certified as the sole bargaining agent of
all employees in the bargaining unit; and

(4 contain a notification, in bold print, that if any
trade union is thus certified a condition of the continua-
tion of employment for such employees, beginning ten
days after the certification, shall be either the
maintenance of membership in said union or the periodic
payment to said union of an appropriate fee for the
bargaining services rendered.

(5) At the election, each of the parties, including the
involved employer, may be represented by an observer or,
in the Labour Commissioner's discretion, by more than one
observer, in equal numbers.

(6) (a) On the ballot shall appear the names of the
registered trade union with respect to which the Peti-
tion seeks certification as sole bargaining agent (or the
trade union with respect to which the Petition seeks
decertification), the name of each registered trade union
which has qualified for intervention, and a place for
voters to reject representation by any trade union.

(6) All trade union parties to the matter shall have
a place on the ballot, but the only unregistered trade
union which may appear thereon is one with respect
to which decertification as sole bargaining agent is
sought.

(c) One of the choices on the ballot shall be "No"
(on a one-union ballot), "Neither" (on a ballot con-

LAWS OF ANTIGUA AND BARBUDA

136 CAP. 27) Antigua and Barbuda Labour Code

taining the names of two unions), or "None" (on a ballot
containing the names of more than two unions).

(7) Provision shall be made, at the election, for the
challenge of the voting elegibility of a would-be-voter by any
of the observers on grounds to be stated by the challenger;
and, in the event of any such challenge, there shall be provi-
sions for segregating and preserving in a sealed envelope
the ballot of the challenged voter.

(8) At the close of the election, the Labour Commis-
sioner, or his appointee on his behalf, shall count the un-
challenged ballots and issue a tally of Votes.

(9) (a) Within five days of the issuance of the Tally
of Votes (either of the original or of a run-off election)
any party to the matter may file objections to the con-
duct of the secret ballot or to its results specifying the
grounds therefor.

(6) If, in the opinion of the Labour Commissioner,
the stated grounds for the objections, and the responses
filed by any party, raise relevant issues as to the pro-
priety of the election, he shall refer the matter to the
Hearing Officer who conducted the original hearing.
The conduct of the hearing on objections shall follow
the procedures set forth in section J9 herein, with
necessary alterations.

(c) The Hearing Officer's decision-reviewable by
a Board of Review-upon the validity of the election,
shall recommend either that the Labour Commissioner
issue certification in accordance with the Tally of Votes
or that the election to which the objections are address-
ed be set aside and that the Labour Commissioner con-
duct a re-run election.

(6) If a re-run election is conducted, the ballot
thereon shall be the same as that in the election which
was set aside, and the procedures therein shall accord
with those set forth in subsections (2) to (9) inclusive.

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 137

(10) (a) If, in any election, the number of challenged
ballots, if counted, are sufficient to change the results
therein, the Labour Commissioner shall refer the matter
to the Hearing Officer who conducted the original hear-
ing. The conduct of the hearing on challenges - and
it may be consolidated with a hearing on objections
treated in subsection (9)-shall mutatis mutandis, follow
the procedures set forth in section J9.

(6 ) The Hearing Officer's decision-reviewable by
a Board of Review-upon the validity of the challeng-
ed ballots, shall recommend to the Labour Commis-
sioner which of the challenged votes, if any, should be
counted and added to the Tally of Votes and which,
if any, should remain uncounted.

( c ) The Labour Commissioner shall thereupon
open the sealed envelopes containing the challenged
ballots which the ,Hearing Officer-with the approval
of a Board of Review, if a review of the Hearing Officer's
decision was requested-recommended be counted; he
shall, maintaining the secrecy of the identity of the voter
as to each such ballot, count said ballots; and he shall
thereupon issue a Revised Tally of Votes.

(11) If no choice on the ballot has received an overall
majority of the valid votes cast, a run-off election shall be
held between the two top choices within ten days. The pro-
cedures to be followed in a run-off election shall accord with
those set forth in subsections (2) to (8) inclusive.

512. After all objections or challenges are disposed certification by
Labour

of, the Labour Commissioner shall issue a certification in Commissioner.
accordance with the latest revised Tally of Votes; depending
upon the votes of a majority of the employees who have cast
valid ballots, which for purposes of this Act shall constitute
a "majority" as used in section 54, he shall, as the case may
be, either-

(i) certify a registered trade union as the sole
bargaining agent of the employees in the
involved bargaining unit;

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138 CAP. 27) Antigua and Barbuda Labour Code

(ii) decertify a trade union currently recognized
as sole bargaining agent; or

(iii) certify that no trade union has received a
majority of the valid votes cast by the
employees in the involved bargaining unit and
that therefore no union is entitled to be their
sole bargaining agent.

Effect of
certification as

513. (1) As provided by section 54 the certified trade
sole bargaining union shall be the sole bargaining agent for all the employees
agent. in the involved bargaining unit; and, as indicated in section

K4(2) (c), it shall have the duty to represent all such
employees in negotiating collective agreements.

(2) (a) Every employee in the involved bargaining unit
shall have the right to benefit from any collective agreement
negotiated in terms of subsection (I), less a negotiating fee:

Provided that where an employee becomes or having
become remains a member in good standing of the certified
trade union no such fee shall be paid to the certified trade
union.

(b) (i) The negotiating fee referred to in paragraph
(a) shall be $50.00. The Minister may by order vary the
amount of such fee.

(ii) Any order made under sub-paragraph (i) shall
be laid before the next ensuing session of
Parliament and shall remain in force unless
cancelled or amended by resolution of both
Houses of Parliament, when it shall cease to
have effect, or shall have effect in its amend-
ed form but without prejudice to the validity
of anything done by virtue of such order prior
to such cancellation or amendment.

(c) (i) The negotiating fee shall be payable by the
employer in respect of each benefiting employee who
does not satisfy the conditions in the proviso to
paragraph (a) and, if not paid within thirty days shall
be recoverable as a civil debt from the employer.

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Antigua and Barbuda Labour Code (CAP. 27 139

(ii) The negotiating fee referred to in this section
shall be paid to the certified sole bargaining
agent in respect of each collective agreement
negotiated by it.

(6) "Benefiting employee" for the purposes of this
subsection means any person who was a member of the
sole bargaining unit on the date when the collective
agreement was made.

514. Nothing herein is to be construed as making Informal
recognition as

illegal the request or demand by a registered trade union, bargaining
or the granting of said request or demand by an employer, agent.
that said employer recognize and treat the said trade union
as the sole bargaining agent for a unit of his employees:

Provided that-

(i) the trade union does in fact represent an un-
coerced majority of the employees in said unit;

(ii) the unit is not clearly inappropriate for
bargaining purposes; and

(iii) no other trade union is presently acting as the
sole bargaining agent for the employees in said
unit:

and provided further that, with respect to such recognition
achieved by a trade union without resort to machinery here
established, there shall be no union security arrangement
whatsoever.

J15. The Minister may issue regulations for the Re@ations.
effectuation of this Division which are not inconsistent with
its provisions.

J 16. The provisions of this Division shall become Effective date.
effective upon the date on which the Labour Board becomes
a functioning body under section B 19.

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140 CAP. 27) Antigua and Barbuda Labour Code

Short title.

Industrial Relations (Regulation)

K l . This Division may be cited as the Industrial
Relations (Regulation) Division.

Interpretation. K2. In this Division, unless the context otherwise
requires-

"employees' self-organizational" rights are those
described in section K3;

L C essential services" are those listed in the Schedule;

"fringe benefits" refers to work-benefits of employees
above and beyond their basic wage;

6 t impasse7' means that state of negotiations over a work-
ing condition or working conditions at which it can
be reasonably assumed that any remaining disagree-
ment is not susceptible to solution by further
negotiations;

"infringement" is the extinction or diminution of
employees' self-organizational rights, as found
unlawful in section K4;

"major trade dispute" is a dispute as defined in sec-
tion K13; and

"unilateral action", in a bargaining relationship, means
action taken by one of the parties thereto covering
any condition of work or term of a collective agree-
ment without negotiating about such action, at least
to a point of impasse, with the other party.

Protection of Selforganizational Rights

Employees self- K3. Employees shall have the right to associate with
organizational
rights. each other or with a trade union; to form, join, or assist

trade unions; to bargain collectively through representatives
of their own choosing; and to engage in other concerted
activities for mutual aid or protection; and they shall also
have the right to refrain from any and all such activities except
as such right is limited by a union security arrangement as
may be imposed by section 513.

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Antigua and Barbuda Labour Code (CAP. 27

K4. ( 1 ) It shall be an infringement upon employees' Infringements on
employees' self- self-organizational rights for an employer- organizational
rights.

(a) to interfere with, restrain, or coerce employees
in the exercise of the rights guaranteed in section K3;

(b) to dominate or to interfere with the formation
or administration of any trade union;

( c ) to contribute financial or other support to any
trade union other than any sum which an employer has
agreed to pay under a collective agreement:

Provided, however, that an employer shall not be pro-
hibited from permitting trade union representatives to
confer with him during working hours without loss of
Pay:
and provided further that nothing in this Division shall
preclude an employer, within the limitations set by
section C30, from transmitting to a union the initial
payment and regular membership subscription or any
other payment to a bargaining union authorized under
section C30, whichever is applicable, of any employee
who, in writing, authorizes the deduction of same from
his wages and its transmission to the union;

(6) by discrimination in regard to the hire or tenure
of employment, or any term or condition of employ-
ment, to encourage or discourage membership in a trade
union;

(e) to discharge or otherwise discriminate against
an employee because he has filed a complaint of a con-
travention of any requirement of this section or has given
testimony with respect to any such alleged contraven-
tion; or

(f) to refuse to bargain collectively with the sole
bargaining representative of a unit of his employees.

(2) It shall be an infringement upon employees' self-
organizational rights for a trade union, registered or
unregistered-

(a) to restrain or coerce employees in the exercise
of the rights guaranteed in section K3;

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142 CAP. 27) Antigua and Barbuda Labour Code

(b) to cause or attempt to cause an employer to
discriminate against an employee in violation of subsec-
tion (1) (4:
Provided, however, that nothing in this Division shall
preclude a registered trade union from seeking to enforce
a requirement imposed by section 513;

(c) if it is the sole bargaining representative of a
unit of employees to refuse to bargain collectively with
the employer;

(d) if it is a beneficiary of a union security arrange-
ment as authorised by section 513 to discriminate against
any employee to whom that union security arrangement
applies;

(e) to cause or attempt to cause an employer to pay
or deliver or agree to pay or deliver any money or other
thing of value, for services which are not performed or
not to be performed:
Provided, however, that nothing in this Division shall
preclude a trade union from seeking an employer's
agreement to deduct from an employee's wages the
monies which an employer is authorised to deduct under
and by virtue of section C30 and its transmission to
the union.

(3) (a) For the purposes of this section, "to bargain
collectively" shall be construed as the performance of
the mutual obligation of the employer or his represen-
tative and the sole representative of the employees in
a bargaining unit to meet at reasonable times and confer
in good faith with respect to wages, hours, and other
terms and conditions of employment; to execute a writ-
ten contract incorporating any agreement reached, if
requested by either party; and, a written contract having
been executed, to discuss any question or interpreta-
tion thereof.

(6) For the purposes of this section, refusal to
bargain collectively includes, but is not limited to, the
following-

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Antigua and Barbuda Labour Code (CAP. 27

(i) on the part of either an employer or of a trade
union which is the sole bargaining represen-
tative, a failure to adhere to any of the
requirements of paragraph (a);

(ii) on the part of either an employer or of a trade
union which is the sole bargaining represent-
ative, the unilateral termination of a collec-
tive agreement or the unilateral modification
of working conditions fixed by a collective
agreement, prior to the expiration of said
agreement;

(iii) on the part of either an employer or a trade
union which is the sole bargaining represent-
ative, the unilateral modification of an existing
working condition after the expiration of a col-
lective agreement, unless the party desiring
such modification serves notice of its intend-
ed action at least sixty days prior to the time
it is proposed to make such modification; offers
to meet and confer on the proposed modifica-
tion; upon request, does meet and confer on
the proposed modification, at least to a point
of impasse; notifies the Labour Department
within thirty days after giving such notice of
the existence of a trade dispute (provided
agreement on the proposed change has not
already been reached); and continues in full
force and effect, without resort to industrial
action, all terms and conditions of the expir-
ing or expired contract to the end of the sixty-
day notice period or the expiration of the
contract, whichever comes later;

(iv) on the part of an employer, a refusal to accord
recognition as sole bargaining representative
to a trade union entitled to such recognition;

(v) on the part of an employer, unilaterally to
change working conditions;

(vi) on the part of an employer, during the negotia-
tion of a collective agreement, to refuse, upon
request, to give information to a sole bargain-
ing representative, knowledge of which on the

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144 CAP. 27) Antigua and Barbuda Labour Code

part of the representative is a pre-requisite of
informed and meaningful bargaining; or

(vii) on the part of an employer, to refuse to discuss
a grievance under an existing collective agree-
ment; or in the discussion of a grievance, to
refuse, on request, to furnish information to
a sole bargaining representative, knowledge of
which on the part of the representative is a
pre-requisite of informed and meaningful
discussion of the grievance.

(c) The duties imposed in this section upon an
employer or a sole bargaining representative with respect
to each other shall terminate upon an intervening cer-
tification by the Labour Commissioner under which the
sole bargaining representative loses its status as such.

Initiation of
proceeding.

K5. ( 1 ) Should any question arise as to whether any
employee's rights have been infringed upon, the employee,
or his registered agent, may seek a resolution of the ques-
tion by the filing of a Complaint of Infringement with the
Labour Commissioner.

( 2 ) Should the Complaint under subsection ( 1 ) involve
a group of employees under similar circumstances, or should
there be filed at or about the same time a number of Com-
plaints involving similar circumstances, the cases may be
consolidated in a single proceeding.

Preliminary
action by Labour

K6. ( I ) Immediately upon receipt of a Complaint
Commissioner. under section K5, the Labour Commissioner, using the

means described in section B5(2) (a), shall seek to settle the
matter by voluntary adjustment or settlement.

( 2 ) Within ten days after the filing of the Complaint,
if he has failed to achieve a voluntary adjustment or settle-
ment, the Labour Commissioner shall transmit the matter,
with a full report thereon, to the Minister.

Action by
Minister on

K7. On transmittal of the matter to him, under sec-
referral. tion K6(2) the Minister shall seek to settle the matter as called

for by section B6(1) and, should he fail to effect a voluntary
adjustment or settlement of all issues within twenty days after
the filing of the Complaint, he shall take one of the steps

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Antigua and Barbuda Labour Code (CAP. 27 145

open to him under section B6(2), including if he deems it
appropriate, the referral of the matter to a Hearing Officer
for formal handling.

K8. (1) The Hearing Officer to whom the formal F;;frings.
handling of a Complaint of Infringement is referred under
section B6(2) (6) may, in his discretion, call the parties
together into a pre-hearing conference in an effort to narrow
the issues; but having caused a Notice of Hearing to be served
on all parties, he shall commence the hearing within at least
ten days after receiving the matter for formal handling.

(2) At the hearing, conducted in accordance with the
provisions of sections B9 and B10, the Hearing Officer shall
hear and determine the issues.

(3) He shall, within five days after the close of the hear-
ing (or after the receipt of briefs, if the submission of briefs
has been permitted), issue a decisiok in compliance with
section B9(5); and, in accordance with section B11, the deci-
sion may issue any remedial order which is relevant to the
issues and is just and reasonable on the merits of the case.

(4) Notwithstanding the above subsections, the Hear-
ing Officer shall approve any settlement of the matter reached
by all parties thereto at any time between the referral for
formal handling and the issuance of a decision, if the terms
of the settlement achieve justice under the circumstances and
are not clearly repugnant to the principles and purposes of
this Code; upon which approval, the matter shall be con-
sidered closed.

Kg. Any party to the proceeding may, within five ~ ~ ~ ; g ~ & f i c e r , s
days after the issuance of the Hearing Officer's decision, dec;s;,n.
request a review thereof by a Board of Review, under pro-
cedures according with section B 13.

K10. (1) Non-compliance with the decision of a ~ ; ~ ~ ~ ~ ~ P ~ ; n C e .
Hearing Officer or if a review thereof has been requested,
with the decision on review-is an offence; and non-
compliance with the decision-or the decision on review-
as to each employee involved is a separate offence.

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146 CAP. 27) Antigua and Barbuda Labour Code

(2) Any person guilty of an offence under subsection
(1) is liable upon summary conviction to a fine of three hun-
dred dollars and imprisonment for two months.

Effective date. 1 . The provisions of this Part shall become effec-
tive upon the date on which the Labour Board becomes a
functioning body under section B 19.

Trade Disputes

General K12. Government shall provide the machinery for
application. the handling of all trade disputes in Antigua and Barbuda

to the end that-

(i) all parties to any such dispute shall have the
benefits of Government services designed to
lead to a voluntary adjustment or settlement;
and

(ii) a major trade dispute, if not voluntarily
adjusted or settled, shall be resolved by
Government services.

Meaning of
major trade

K13. (1) A major trade dispute is a trade dispute
dispute. which-

(a) has led to an interruption of work which is con-
tinuing; or

(6) if there is no present interruption of work, may
lead to an interruption of work,

which interruption has seriously jeopardized or is likely to
jeopardize seriously the economy of Antigua and Barbuda.

(2) The essential services in Antigua and Barbuda are
those listed in the Schedule which list may be amended at
any time by the Minister by order:

Provided, however, that no services shall be added to
the Schedule unless the interruption of that service would
be likely to jeopardise seriously the health, safety or economy
of Antigua and Barbuda.

(3) The fact that the interruption or possible interrup-
tion is within an industry listed in the Schedule shall create

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Antkua and Barbuda Labour Code (CAP. 27 147

a presumption that the trade dispute is a major dispute, but
the presumption may be rebutted by the circumstances.

(4) The fact that the interruption or possible interrup-
tion is within an industry not listed in the Schedule shall
create a presumption that the trade dispute is not a major
dispute, but the presumption may be rebutted by the
circumstances.

K14. (1) Should the existence of any trade dispute E$::zn:f
come to the attention of the Minister or the Labour Com-
missioner, whether by notification from any party thereto-
and a notice received under section K4(3) (6) (iii) shall be
considered such notification, by the filing by any person of
any question, query, complaint, or petition with respect to
employer-employee relations in Antigua and Barbuda, or
by any other means, the Labour Commissioner shall im-
mediately, using the means described in section B5(2) (a)
seek to settle the matter by voluntary adjustment or
settlement.

(2) Within ten days after the existence of the trade
dispute has come to his attention, if he has failed to achieve
a voluntary adjustment or settlement, the Labour Commis-
sioner shall submit the matter, with a full report thereon,
to the Minister.

K15. (1) On transmittal of the matter to him, the g:2,",zfon
Minister shall seek to settle the matter as called for by sec- referral.
tion B6(1); and should he fail to effect a voluntary adjust-
ment or settlement of all issues within twenty days after the
existence of the trade dispute is called to the attention of
the Minister or Labour Commissioner, he shall take one of
the steps open to him under section B6(2).

(2) In determining which of the steps to be taken under
subsection (I), he shall first determine whether the matter
constitutes a major trade dispute within the meaning of sec-
tion K13.

(3) In arriving at a determination under subsection (2),
he may appoint and seek the advice of an Advisory Com-
mittee composed of an equal number of representatives of
Government, employers and employees whose sole duty shall

LAWS OF ANTIGUA AND BARBUDA

148 CAP. 27) Antigua and Barbuda Labour Code

be to investigate whether the matter constitutes a major trade
dispute.

(4) If he determines that the matter as of the time be-
ing, is not a major dispute, he shall issue an order to this
effect and thereupon shall remand the matter back to the
parties unless it is one which appropriately can be referred
to a Hearing Officer under the provisions of this Code.

(5) If he determines that the matter constitutes a ma-
jor trade dispute, he shall issue an order to this effect, and
he shall refer it to a Code Arbitrator or a Panel of Code
Arbitrators of the Arbitration Tribunal, whether or not it
also constitutes a matter which muld be heard by a Hearing
Officer under the provisions of this Code.

(6) The Minister's determination that a trade dispute
does or does not constitute a major dispute is subject to
review, upon the request of any party to the dispute filed
within two days, by a Board of Review, under procedures
according with section B 13.

Formal
proceedings.

K16. (1) Upon the referral of a matter to the
Arbitration Tribunal for formal handling, the Labour Com-
missioner shall forthwith call the parties together to select
the Code Arbitrator or Panel thereof who shall hear and deter-
mine the dispute and shall present the parties with a list of
the available Code Arbitrators, from among whom they shall
make the selection. The manner of selection shall be as
follows:

(i) one of the parties, designated by lot, shall strike
the name of one of the Code Arbitrators off
the list;

(ii) the other party shall strike off a further name,
and thereafter, in turn, each party shall strike
off names until the remaining names on the
list equal the number of Code Arbitrators to
whom the Minister has referred the matter for
formal handling.

(iii) the Code Arbitrators whose names thus remain
on the list shall hear and determine the matter;

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Antigua and Barbuda Labour Code (CAP. 27 149

(iv) with respect to a panel, the members shall
select a chairman from among their own
number;

(v) if a vacancy occurs among the Code
Arbitrators selected to hear and determine a
matter, the vacancy shall be filled by the Code
Arbitrator whose name was last striken from
the list presented to the parties for selection.

(2) The Code Arbitrator (or panel thereof) thus selected
to hear and determine the matter shall cause a Notice of
Hearing to issue, setting the place and time of hearing.

(3) At any time prior to, during, or after the hearing,
the Code Arbitrator (or panel thereof) may call the parties
together in an effort to narrow the issues.

(4) In the conduct of the hearing, the Code Arbitrator
(or panel thereof) shall adhere to the provisions of sections
B8 and B10.

(5) The Code Arbitrator (or panel thereof), within
twenty days after the close of the hearing (or after the receipt
of briefs, if the submission of briefs has been permitted),
shall issue a decision in accordance with section B8(6) and
section B8(7) (a), (6) and (c) and, in accordance with section
B 11, the decision may contain any remedial order which is
relevant to the issues and is just and reasonable on the merits
of the case.

(6) Notwithstanding the requirements of subsections (2)
to (5) above, the Code Arbitrator (or panel thereof) shall
approve any settlement of the matter reached by all parties
thereto at any time between the referral for formal handling
and the issuance of a decision, if the terms of the settlement
achieve justice and are not repugnant to the principles and
purposes of the Code; upon which approval, the matter shall
be considered closed.

K17. (1) Non-compliance with the decision of a ~~;~~~;Pf;nCee
Code Arbitrator (or panel thereof) is an offence; and non-
compliance with the decision as to each employee involved
is a separate offence.

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150 CAP. 27) Antigua and Barbuda Labour Code

( 2 ) Any person guilty of such offence is liable upon sum-
mary conviction to a fine of seven hundred and fifty dollars
and to imprisonment for six months.

Effective date. K18. The provisions of this Part shall become effec-
tive upon the date on which the Arbitration Tribunal becomes
a functioning body under section B20.

Industrial Action

Right to
industrial action.

K19. It is hereby declared that the strike and the
lockout are legitimate aspects of the process of free collec-
tive bargaining, and, except in strict conformity with the
provisions hereinbelow, no court shall have jurisdiction with
respect to the existence or threat of any such industrial action
or any activities related thereto, either in a criminal pro-
ceeding or in any civil proceeding in law or in equity; and
specifically, except in strict conformity with the provisions
hereinbelow, no court shall have jurisdiction with respect
to the granting of any restraining order or any injunction,
temporary or permanent, in connection therewith.

Limitation. K20. ( 1 ) Nothing in section K19 herein shall affect
the law relating to riot, unlawful assembly, breach of peace,
sedition, or any offence against Antigua and Barbuda.

( 2 ) Notwithstanding the provisions of section K19 hereof
no industrial action shall be commenced or, if commenced,
shall continue-

(a) in any trade dispute in an industry listed among
the essential services in the Schedule, until and unless
the Minister has issued an order declaring that the
dispute is not a major trade dispute;

(b) in any trade dispute in any other industry if
and when the Minister has issued an order declaring
that the dispute is a major trade dispute;

(c ) in any trade dispute in pursuance of an objec-
tive which has been referred for formal handling under
section B6(2) (6);

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Antz'gua and Barbuda Labour Code (CAP. 27 151

(d) in any trade dispute in protest of a decision of
any decisional officer, including a court, rendered under
this Code;

(e) in any trade dispute the objective of which is
the achievement of recognition from an employer as
bargaining agent of a unit of his employees, where
another trade union is presently recognized as sole
bargaining agent for the same, or any of the same,
employees;

y> in any trade dispute in violation of an existing
no-strike or no-lockout committment;

(g) in any trade dispute designed to further an
action which has been found to be an infringement upon
employees' self-organizational rights as prescribed in sec-
tion K4; or

( h ) in any trade dispute in which any person, with
a view to compel any other person or to do or to abstain
from doing any act which such other person has a legal
right to abstain from doing or to do, respectively,
wrongfully, and without legal authority-

(i) uses violence toward or intimidates such other
person or his wife or children, or injures his
property;

(ii) hides any tools, clothes, or other property own-
ed or used by such other person, or deprives
him of the full use thereof;

(iii) persistently follows such other person about
from place to place;

(iv) watches or besets the house or other place
where such other person resides, or any ap-
proach to such house or place; or

(v) with two or more persons follows such other
person in a disorderly manner in or through
any street or road:

Provided, however, that it is the performance of these
acts which is prohibited and not the industrial action
unaccompanied by such acts.

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CAP. 27) Antigua and Barbuda Labour Code

Application of
lim~tations.

K2 1. The provisions of section K20 shall apply to-

(i) any person who directs, urges, or encourages
any person to engage in the prohibited in-
dustrial action or related activities;

(ii) any employee who, alone or in concert, par-
ticipates in the prohibited industrial action or
related activities; and

(iii) any employer, or his agent, who participates
in the prohibited industrial action or related
activities,

but they shall not apply to any person or organization other
than one who actually commits an act here made unlawful
or who authorizes or ratifies the same after actual knowledge
thereof.

Penalties and
sanctions.

K22. -(I) With respect to the requirements of sec-
tion K20-

(a) Any contravention of the requirements of sec-
tion K20 (2) (a) or (6 ) shall be an offence for which the
offender shall be liable upon summary conviction to a
fme of three thousand dollars and to imprisonment for
twelve months;

(6) Any contravention of the requirements of sec-
tion K20 (2) ( c ) , (4 or @) shall be an offence for which
the offender shall be liable upon summary conviction
to a fine of fifteen hundred dollars and to imprisonment
for six months.

(c) Any contravention of the requirements of sec-
tion K20 (2) ( e ) shall be an offence for which the offender
shall be liable upon summary conviction to a fine of
seven hundred and fifty dollars and to imprisonment
for three months.

(4 Any contravention of the requirements of sec-
tion K20 (2) V) shall be an offence for which the offender
shall be liable on summary conviction to a fine of three
hundred dollars and to imprisonment for two months.

(e) Any contravention of the requirements of sec-
tion K20 (2) (h) shall be an offence for which the offender

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Antigua and Barbuda Labour Code (CAP. 27 153

shall be liable on summary conviction to a fine of fifteen
hundred dollars and to imprisonment for twelve months.

(2) In addition to the powers conferred under subsec-
tion ( I ) , a court may make such order as it may think fit
in any such proceeding brought before it:

Provided, however, that no court shall have jurisdic-
tion to issue an interlocutory or perpetual injunction in any
such case except after hearing the testimony of witnesses in
open court (with opportunity for cross-examination) and
testimony in opposition thereto, if offered, and except after
findings of fact by the court to the effect-

(a) that unlawful acts have been threatened and
will be committed unless restrained, or have been com-
mitted and will be continued unless restrained;

(6) that substantial and irreparable injury to com-
plainant's property will follow if no injunctive relief is
granted;

(6) that as to each item of relief granted, greater
injury will be inflicted upon complainant by the denial
of relief than will be inflicted upon defendants by the
granting of relief;

(6) that complainant has no adequate remedy at
law; and

(e) that the public officers charged with the duty
to protect complainant's property are unable or unwill-
ing to furnish adequate protection.

(3) No interlocutory injunction shall be issued without
notice unless-

(a) the complainant alleges that, without such
order, substantial and irreparable injury to complai-
nant's property will be unavoidable;

(6) there be testimony under oath sufficient, if sus-
tained, to justify the court in issuing an interlocutory
injunction after notice; and

(6) the restraining order be effective for no more
than five days.

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Antigua and Barbuda Labour Code (CAP. 27 155

(6) to endanger human life or public health or to
cause serious bodily injury to any person, or to expose
valuable property to the risk of destruction, loss or
serious injury,

as the case may be, shall be guilty of an offence and shall
be liable on summary conviction to a fine of fifteen hundred
dollars and to imprisonment for a term of three months.

(3) In any proceeding in respect of an offence under
this section, the court shall presume the existence of the con-
tract, and in the particular service alleged in the charge related
to the proceeding unless the contrary is proved.

K24. The provisions of this Part shall become effec- Effective date.
tive upon enactment.

Collective Agreements

K25. (1) With respect to all collective agreements Duties of Labour
Commissioner re

filed by trade unions under section G20 it shall be the duty , o ~ ~ e , ~ ~ v e
of the Labour Commissioner, acting through the Labour agreements filed.
Relations and the Statistical Services of the Labour Depart-
ment, to analyze said agreements for whatever information
may be derived with respect to the employment conditions
of workmen covered by collective agreements.

( 2 ) (i) With respect to all collective agreements filed
by registered bargaining agents under section
H8 (9) it shall be the duty of the Labour Com-
missioner, acting through the Labour
Relations Service, to analyze said agreements
to ensure that the provisions thereof are not
inconsistent with the provisions of this Code.

(ii) Should he find one or more provisions of any
such agreement to be inconsistent with any

LAWS OF ANTIGUA AND BARBUDA

CAP. 27) Antigua and Barbuda Labour Code

(4) No restraining order or interlocutory injunction shall
be issued except on condition that the complainant shall first
file an undertaking with adequate security in an amount to
be fixed by the court to recompense those enjoined from any
loss, expense, or damage caused by the improvident or
erroneous issuance of such order or injunction, including
all reasonable costs (together with a reasonable counsel's fee)
and expense of defence.

Special
provisions re

K23. (1) Whether or not a strike therein be unlawful,
certain services. a"Y workman who-

(a) being a workman in an essential service, wilfully
breaks or terminates his contract of service without four-
teen days written notice, knowing or having reasonable
cause to believe that the probable consequence of his
so doing, either alone or in combination with others,
will be to deprive the public or any section thereof of
the enjoyment of that essential service; or

(b) whether or not a workman in an essential
service, wilfully breaks or terminates his contract of ser-
vice, without fourteen days' written notice, knowing or
having reasonable cause to believe that the probable con-
sequence of his so doing, either alone or in combina-
tion with others, will be to endanger human life or public
health, or to cause serious bodily injury to any person,
or to expose valuable property to the risk of destruc-
tion, loss or serious injury,

shall be guilty of an offence and shall be liable on summary
conviction to a fine of five hundred dollars and to imprison-
ment for one month.

(2) Any person who causes or procures or counsels any
workman specified in subsection (1) so to break or terminate
his contract without fourteen days' written notice, knowing
or having reasonable cause to believe that the probable con-
sequence of that workman's breach or termination, either
alone or in concert, will be-

(a) to deprive the public or any section thereof of
an essential service or substantially to diminish the
enjoyment of an essential service by the public or a sec-
tion thereof; or

LAWS OF ANTIGUA AND BARBUDA

156 CAP. 27) Antigua and Barbuda Labour Code

provision of the Code, he shall so inform the
filing bargaining agents.

(iii) Thereupon, if any such provision of the agree-
ment is revised and, as revised, is resubmit-
ted to him, he shall analyze the revised provi-
sion to ensure that there be no inconsistency
with the provisions of the Code.

v) Finding any remaining inconsistency, he shall
so inform the filing bargaining agents as in
paragraph (ii); and he shall analyze any further
revised section resubmitted for inconsistency
with the provisions of the Code, as in
paragraph (iii) as often as revisions of the
agreement are resubmitted.

(v) Should he find no inconsistency with the Code
in the collective agreement as originally sub-
mitted, or as resubmitted from time to time
under paragraphs (iii) and (iv), he shall certify
that the collective bargaining agreement is a
lawful contract in all respects.

Parties' intent as K26. (1) Every collective agreement between an
to enforceability.

employee or employer or the registered agent of either on
the one hand and a registered trade union on the other
which-

(a) is executed after the effective date of this Part;
and

(b) does not contain a provision which (however
expressed) states that the agreement or part of it is in-
tended to be legally enforceable,

shall be conclusively presumed to be intended by the parties
not to be a legally enforceable contract.

(2) Where a collective agreement executed between such
parties after the effective date of this Part contains a provi-
sion which (however expressed) states that a specified part
of the agreement is intended to be legally enforceable, the
agreement, with the exception of that part, shall be con-
clusively presumed to have been intended by the parties not
to be a legally enforceable contract.

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda Labour Code (CAP. 27 157

(3) Where a collective agreement executed between such
parties after the effective date of this Part contains a provi-
sion which (however expressed) states that all of the agree-
ment is intended to be legally enforceable, the agreement
shall be conclusively presumed to have been intended by the
parties thereto to be a legally enforceable contract.

K27. (1) Every collective agreement between Enforceability of
collective

registered bargaining agents which has been certified as a agreements.
lawful contract under the provisions of section K25 (2) shall
thereupon be a legally enforceable contract to the extent the
parties thereto intended it to be enforceable, as noted in sec-
tion K26.

(2) Such contracts to the extent intended to be
enforceable, shall be enforced in the Courts in the same man-
ner as any other enforceable contracts.

K28. The provisions of this Part shall become effec- Effective date.
tive upon enactment.

Administration and Miscellaneous

K29. The Minister may issue regulations for the pur- Re~lat ions .
pose of carrying out this Division which are not inconsistent
with its provisions.

K30. The provisions of the Part shall become Effective date.
effective upon enactment.

LAWS OF ANTIGUA AND aARBUDA

158 CAP. 27) Antigua and Barbuda Labour Code

SCHEDULE (Ss. K2 and K13)

Essential Seruices

1. Water Services.

2. Electricity Services.

3. Hospital Services.

4. Fire Services.

5. Prison Services.

6. Air Traffic Control Services.

7. Meteorological Services.

8. Services rendered by International Aeradio Limited

9. Services rendered by persons employed in the Government
Printing Office.

10. Services rendered by Cable and Wireless (West Indies) Ltd.

11. Services rendered by the Port Authority.
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