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Labour Act


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CAP. 297 LABOUR ACT BELIZE

LABOUR ACT

CHAPTER 297

REVISED EDITION 2000

SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner

under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,

Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

LABOUR ACT 17

Amendments in force as at 31st December, 2000.

BELIZE

LABOUR ACT

CHAPTER 297

REVISED EDITION 2000

SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner

under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,

Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

LABOUR ACT 17

Amendments in force as at 31st December, 2000.

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

Printed by the Government Printer,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Labour [CAP. 297

[ ]

3

CHAPTER 297

LABOUR

ARRANGEMENT OF SECTIONS

PART I

Preliminary

1. Short title.

2. Interpretation.

PART II

The Labour Department

3. Appointment of officers.

4. Duties of Labour Commissioner.

5. Supply of information.

6. Prohibition against publishing returns.

7. Institution of proceedings.

PART III

Labour Inspection

8. Officers authorised to perform inspection duties.

9. Duties of labour inspectors.

10. Powers of officers.

11. Notification of presence.

12. Credentials.

13. Duties of employers.

14. Manufacturing or commercial secrets not to be divulged.

15. Officers not to have an interest in undertakings inspected.

16. Records.

17. Offences.

18. Regulations.

PART IV

Labour Advisory Board

19. Establishment of Labour Advisory Board.

20. Duties of Board.

21. Chairman of Board.

22. Meetings of Board.

23. Secretary to the Board and Commissioner.

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24. Procedure of the Board.

25. Regulations.

PART V

Contracts of Service Generally

26. Interpretation.

27. Contracts to comply with Act.

28. Offence.

29. Application.

30. Contracts not to restrict freedom of association.

31. Contracts of minors.

32. Employer to provide work.

33. Death or bankruptcy of employer.

34. Death of a worker.

35. Imprisonment of a worker.

PART VI

Oral Contracts of Service

36. Application

37. Contracts not required to be in writing.

38. Commencement within one month.

39. Probationary employment.

40. Periods of notice.

41. Successive contracts.

42. Beginning of period of notice.

43. Consequence of failure to give notice.

44. Breach of contract where period of employment defined.

45. Calculation of average earnings.

46. Termination of contract for good and sufficient cause.

47. Contract of service not to be terminated in certain circumstances.

48. Duty to provide certificate.

PART VII

Written Contracts of Service

49. Application.

50. Certain contracts to be in writing.

51. Contents of contract.

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52. Attestation of contract.

53. Medical examination.

54. Contracts by children and young persons.

55. Maximum duration of contracts.

56. Transfer of contracts.

57. General termination of contract.

58. Repatriation.

59. Exemption from repatriation.

60. Transport on repatriation.

61. Re-engagement contracts.

62. Summaries of Act to be brought to the notice of workers.

63. Extra-territorial contracts.

64. Security by employer.

PART VIII

Recruiting

65. Interpretation.

66. Exemptions.

67. Minister may prohibit recruiting.

68. Recruiter to be licensed.

69. Recruiters’ assistants.

70. Power to take security.

71. Non-adults not to be recruited.

72. Families of recruited persons.

73. Public officers.

74. Worker-recruiters.

75. Examination of workers.

76. Return of workers.

77. Offences.

78. Regulations.

PART IX

Employment Service

79. Establishment of employment offices.

80. Responsibility of Commissioner.

81. Duty of employment offices.

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82. Manpower information.

83. Advisory committees.

84. Registration of employers and workers.

85. Duty of employers.

86. Employer may not carry on business unless registered.

87. Certificates not to be used improperly.

88. Duty of workers.

89. Notice of registration.

90. Unregistered workers not to be employed.

91. Regulations.

92. Offences.

93. Activities involving exposure to ionising radiations.

94. Regulations for protection against ionising radiations.

PART X

Protection of Wages

95. Wages to be paid in legal tender.

96. Payment of wages.

97. Illegal conditions regarding place and manner of spending.

98. Wages to be paid directly to worker.

99. Worker’s right to recover.

100. Periodicity of wage payments.

101. Payment of wages on termination of contract.

102. Limitation of advances.

103. Interest on advances prohibited.

104. Illegal advances to be irrecoverable.

105. Deductions restricted.

106. Certain deductions authorised.

107. Remuneration other than wages.

108. Deductions for obtaining or retaining employment prohibited.

109. Saving as to judgment debts.

110. Limitations on attachment or seizure of wages.

111. Rates of wages to be notified by employer to worker.

112. Exemptions.

113. Prosecutions to be instituted within one year.

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114. Power to make regulations.

PART XI

Hours of Work, Overtime and Holidays

115. Working days.

116. Working hours.

117. No deduction from wages for public holidays.

118. Overtime.

119. Exemptions.

120. Hours of actual work.

121. Break in working day.

122. Night rest.

123. Shifts.

124. Payment of daily workers.

125. Application of following sections.

126. Interpretation.

127. Specified date, annual holiday and terms and conditions thereof.

128. Payment in respect of holiday.

129. Where employment terminated, employer deemed to have granted

holiday on payment of average pay.

130. Provision for holiday pay where worker is employed for more than

three months and less than a period of one year.

131. Sick leave with pay.

132. No power to contract out.

133. Offences.

134. Procedure.

135. Prosecutions to be instituted within one year of offence.

PART XII

Labour Clauses in Public Contracts

136. Interpretation.

137. Provisions, etc., deemed to be included in public contracts.

138. Rates of wages and hours and conditions of work to be applied.

139. Contractor to pay fair rates and observe reasonable conditions.

140. Preliminary declaration of contractor.

141. Arbitration.

142. Keeping of records.

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143. Prohibitions.

144. Freedom of workers to join trade unions.

145. Certificates to accompany claims for payment.

146. Contractor to provide information required by Commissioner.

147. Commissioner may deduct workmen’s wages from payments due

to contractor.

148. Consequences of failure to comply with requirements.

PART XIII

Safety, Health and Housing

149. Housing, water supply and sanitation.

150. Surrounding of housing to be kept clean.

151. Approval of place of employment and prohibition of employment

of workers where arrangements are inadequate.

152. Power to make orders.

153. Provision of shelter from inclement weather.

154. Burial of deceased worker or dependent.

155. Regulations.

156. Offences.

PART XIV

Forced Labour

157. Interpretation.

158. Prohibition of forced labour.

159. Application to Government.

PART XV

Employment of Women and Children

160. Interpretation.

161. Prohibition of night work.

162. Exceptions.

163. Register.

164. Employment of children.

165. Employment at sea.

166. Register of persons under sixteen years of age.

167. Trimmers and stokers.

168. Employers, etc., to furnish information.

169. Restrictions on employment of children.

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170. Regulations.

171. Saving where employment is for entertainment for charitable or

educational purposes.

172. Penalty for employment.

173. Liability of agent of employer.

174. False certificate or representation as to age.

175. Exception.

176. Saving.

PART XVI

Maternity Protection

177. Permitted absence from work and expenses.

178. Prohibition on serving notice of dismissal during absence.

179. Payments to include holidays.

180. Payment of maternity benefit.

181. Offence under this Part.

PART XVII

Domestic Servants

182. Application to domestic servants.

PART XVIII

Severance Pay Provisions

183. Severance pay to be paid.

184. Meaning of the expression “continuously employed.”

185. Calculation of weekly wages.

186. Termination on medical grounds.

187. Medical Board.

188. Payment in case of death of worker.

189. Payment in other cases.

190. Agreement to exclude any provision of this Part null and void.

191. Regulations.

192. Payment incapable of being assigned, etc.

193. Penalty for non-payment.

194. Contributory retirement schemes.

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PART XIX

Miscellaneous Provisions

195. Regulations regarding fair labour practices.

196. Employer exempt where third party liable.

197. Third party may be directly proceeded against.

198. Proof of authority of agent.

199. General penalty.

CHAPTER 297

LABOUR

[1st August, 1960]

CAP 234,

R. E. 1980-1990.

15 of 1959.

10 of 1960.

40 of 1963.

20 of 1964.

11 of 1965.

4 of 1969.

19 of 1975.

4 of 1979.

6 of 1979.

17 of 1982.

7 of 1984.

11 of 1985.

11 of 1986.

17 of 1986.

22 of 1987.

19 of 1988.

31 of 1988.

10 of 1995.

29 of 1999.

S. I. 17 of 1964.

Commencement.

S.I. 27 of 1960.

PART I

Preliminary

1. This Act may be cited as the Labour Act.

2. In this Act, unless the context otherwise requires or unless a more

limited meaning is specifically indicated in respect of any Part, section or

subsection-

“advance” means any sum which an employer may advance to a worker, or in

the case of goods the value of such goods and shall include all sums due to an

employer by the worker at the time when the worker enters into a contract

with the employer;

“commercial undertaking” includes-

(a) commercial establishments and offices, including establishments engaging wholly or mainly in the sale, purchase, distribution, insurance, negotiation, loan or administration of goods or ser- vices of any kind;

(b) hotels, restaurants, boarding houses, clubs, cafes and other refreshment houses;

(c) theatres and places of public amusement;

(d) newspaper undertakings; and

(e) any establishment similar in character to those enumerated in

subparagraphs (a) to (d);

“child” means a person who is under the age of fourteen years;

“Commissioner” means the Labour Commissioner and shall include the per-

son for the time being in charge of the Labour Department;

Interpretation.

Short title.

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“domestic servant” includes any house, garage or garden servant employed in

or in connection with domestic services of any private dwelling-house but does

not include any person employed in the service of establishments open to the

public;

“employer” means any person, firm, corporation, company, or body of per-

sons who or which has entered into an agreement or contract to employ any

worker;

“health officer” has the same meaning as it has in the Public Health Act;

“industrial undertaking” includes-

(a) mines, quarries and other works for the extraction of minerals

from the earth;

(b) industries in which articles are manufactured, altered, cleaned,

repaired, ornamented, finished, adapted for sale, broken up or

demolished, or in which materials are transformed, including

shipbuilding, and the generation, transformation and transmis-

sion of electricity and motive power of any kind;

(c) construction, reconstruction, maintenance, repair, alteration, or

demolition of any building, railway, tramway, harbour, dock,

pier, canal, inland waterway, road, tunnel, bridge, viaduct,

sewer, drain, well, telegraphic or telephonic installation, elec-

trical undertaking, gasworks, waterworks or other work of con-

struction, as well as the preparation for or laying the foundation

of any such work or structure;

(d) transport of passengers or goods by road or rail, or inland

waterway, including the handling of goods at docks, quays,

wharves, and warehouses, but excluding transport by hand:

20 of 1964.

CAP. 40.

Provided that if, having regard to the nature of the work involved in

any occupation which forms part of an agricultural undertaking, the Minister

considers that such occupation should be included within the provisions of this

Act, relating to industrial occupations, he may by Order declare that employ-

ment in such occupation shall be employment in an industrial undertaking for

the purposes of this Act;

“ionising radiations” means electromagnetic radiation (that is to say, X-ray or

gamma ray photons or quanta) or corpuscular radiation (that is to say, alpha

particles, beta particles, electrons, positrons, protons, neutrons, or heavy par-

ticles), being electromagnetic radiation or corpuscular radiation capable of

producing ions and emitted from a radioactive substance or from a machine or

apparatus which is intended to produce ionising radiations, or from a machine

or apparatus in which electrons are accelerated by a voltage of not less than

five kilovolts;

“labour inspector” means any person appointed to carry out labour inspection

duties under this Act;

“labour officer” means the Commissioner or any labour inspector;

“manual labour” includes work ordinarily performed by all labourers, mechanics,

artisans, handicraftsmen, seamen, boatmen, transport workers, and any other

similar work associated therewith, but does not include clerical work or work

performed by domestic servants;

“outworker” means a person to whom articles or materials are given to be

made up, cleaned, washed, altered, ornamented, mended, finished or repaired

or adapted for sale in his own home or on other premises not under the control

or management of the person who gave out the articles or materials;

“public holiday” has the same meaning as it has in the Holidays Act;

“worker” means any person who has entered into or works under a contract

40 of 1963.

CAP. 289.

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with an employer whether the contract be-

(a) for manual labour, clerical work or otherwise;

(b) expressed or implied;

(c) oral or in writing; or

(d) a contract of service or of apprenticeship:

Provided that a person engaged in a programme of apprenticeship ap-

proved by the Minister shall not be deemed to be a “worker” within the mean-

ing of this definition;

“young person” means a person who has attained the age of fourteen years but

is under the age of eighteen years.

PART II

The Labour Department

3. The Governor-General, acting pursuant to section 107 of the Belize

Constitution, may appoint a Labour Commissioner, hereinafter referred to as

the Commissioner, and the Public Services Commission may appoint such

Labour inspectors as it may consider necessary.

4. It shall be the duty of the Labour Commissioner, subject to the direc-

tions of the Minister-

(a) to receive and investigate all representations whether of em-

ployees or of workers made to him concerning any business,

trade, occupation or employment with a view to the settlement

and conciliation of disputes and grievances especially regard-

ing hours and conditions of work and regulation of wages and

31 of 1988.

20 of 1964.

Appointment of

officers.

CAP. 4.

Duties of the

Labour Commis-

sioner.

40 of 1963,

20 of 1964.

where necessary to report thereon to the Minister;

(b) to advise the Minister with regard to the betterment of indus-

trial relations and generally on all labour matters;

(c) to ensure the due enforcement of this Act and of any enact-

ments amending it and of any other Acts in Belize which he,

may from time to time be required to enforce;

(d) to collect, analyse and publish statistics and general informa-

tion in respect of-

(i) employment and unemployment;

(ii) wage, rates, and earnings;

(iii) employment of women, children and young persons;

(iv) price indices;

(v) hours of work;

(vi) industrial accidents;

(vii) industrial disputes, strikes and lockouts;

(viii) such other questions as may be assigned to the De-

partment for study;

(e) to foster development of trade unionism and collective bar-

gaining and to advise employers and trade unions of new meth-

ods and needs in industrial relations, organisation and prac-

tice;

10 of 1960.

40 of 1963

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(f) to perform such further or other duties as may from time to

time be required of him by any Act or by the Minister.

5.-(1) Every employer shall furnish to the Commissioner, at such time or times

as he may require, a return or returns as to the number of persons employed by

him in any particular class of employment and rates of remuneration and the

conditions of employment thereof, and such returns shall be complete and ac-

curate in all particulars:

Provided that no person shall be required or obliged to furnish any

information or particulars other than such as are accessible to him in, or deriv-

able by him from any business, occupation or work in the conduct or supervi-

sion of which he is engaged.

(2) Every employer who fails to comply with subsection (1) com-

mits an offence.

6.-(1) No individual return furnished in accordance with section 5 or any par-

ticulars or part of such return shall be published without the previous consent of

the person, corporation or firm making such return.

(2) Except for the purpose of prosecution under this Act no per-

son, other than a person responsible for or engaged in the collection or prepa-

ration of statistics under this Act, shall be permitted to see any such return or

any part thereof.

(3) No person engaged in connection with the collection and prepa-

ration of statistics under this Act shall disclose or, except for the purposes of

this Act, make use of the contents of any such return or any part of such

return.

(4) In any report, summary of statistics or other publication pre-

pared in accordance with this Part with reference to any trade or industry, the

particulars comprised in any individual return shall not be disclosed in any man-

Supply of

information.

Prohibition

against publish-

ing returns.

ner whatever, or arranged in such manner as will enable any person to identify

any particulars as being particulars relating to any individual person or busi-

ness.

(5) Any person-

(a) who having possession of any information which to his know-

ledge has been disclosed in contravention of this section pub-

lishes or communicates to any other person any such informa-

tion, or;

(b) who wilfully contravenes subsection (3),

commits an offence.

7. A labour officer may-

(a) institute proceedings in respect of any offence committed by

an employer under any of the provisions of this Act, and may

prosecute in his own name and appear in respect of such pro-

ceedings;

(b) institute proceedings and appear in proceedings on behalf of

any worker against his employer in respect of any matter or

thing or cause of action arising out of or in the course of the

worker’s employment under this Act.

PART III

Labour Inspection

8. Labour inspection duties shall be performed by any labour officer.

Institution of

proceedings.

Officers

authorised to

perform inspection

duties.

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9. The duties of labour inspectors in respect of labour inspection shall be-

(a) to ensure that the laws in force concerning conditions of em-

ployment and the protection of workers in their occupations

are duly applied;

(b) to give technical information and advice whenever necessary

to employers and workers as to the most effective means of

complying with the said laws;

(c) to indicate in their inspection reports difficulties or abuses not

specifically covered by existing laws;

(d) to visit centres of employment and to institute inquiries and in-

spections, as instructed by the Commissioner.

10. Any labour officer may-

(a) enter freely and without previous notice at any hour of the day

or night any place wherein he may have reasonable cause to

believe that persons enjoying the protection of any law relating

to employment are employed, or accommodated, and inspect

such place;

(b) carry out any examination, test or inquiry which he may con-

sider necessary to satisfy himself that any law relating to em-

ployment is being strictly observed and, in particular, may-

(i) interrogate alone, or in the presence of a witness, the

employer or the staff of an undertaking or any worker

on any matter concerning the application of any law

relating to employment or apply for information to any

other person whose evidence he may consider essen-

tial;

Powers of

officers.

20 of 1964.

Duties of labour

inspectors.

(ii) require at all reasonable times the production of any

books, registers or other documents, the keeping of

which is required by any Act or regulation relating to

conditions of work, in order to see that they are in

conformity with the law, and may copy such docu-

ments, or make extracts from them;

(iii) enforce the posting of notices required by any law

relating to employment;

(iv) take or remove in sufficient quantities for purposes of

analysis samples of materials and substances used or

handled, subject to the employer or his representa-

tive being notified of any samples or substances taken

or removed for this purpose. The method of taking

such samples shall be prescribed by the Minister.

11. A labour officer shall, when on an inspection visit, notify the employer

or his representative of his presence, unless he considers that this notification

may be prejudical to the performance of his duties.

12. A labour officer shall, when on an inspection visit, carry a warrant

under the hand of the Governor-General of his appointment and shall upon

demand made by the person in charge of the workplace or premises to be

inspected, produce such warrant.

13.-(1) Every employer or his representative whose undertaking is visited by

a labour officer performing inspection duties shall permit him access to the

undertaking to be inspected and shall furnish him with such information as will

enable him to carry out the duties of his office:

Provided that no person shall be required to answer any question or

give any evidence tending to criminate himself.

Notification of

presence.

40 of 1963.

Credentials.

Duties of employ-

ers.

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(2) Every employer shall grant to his workers and their represen-

tatives every facility for communicating freely with any labour officer when on a

visit of inspection.

(3) Any employer failing to comply with this section commits an

offence.

14.-(1) Subject to such exceptions as may be prescribed, a labour officer-

(a) shall not reveal, even after leaving the service, any manufacturing

or commercial secrets or working processes which may come

to his knowledge in the course of his duties; and

(b) shall treat as absolutely confidential the source of any com-

plaint bringing to his notice a defect or breach of legal provi-

sions and shall give no intimation to the employer or his repre-

sentative that a visit of inspection was made in consequence of

the receipt of such a complaint.

(2) Every person who wilfully acts in contravention of this section

commits an offence and is liable on summary conviction to a fine not exceeding

five hundred dollars or to imprisonment for a term not exceeding six months, or

to both such fine and term of imprisonment.

15. In no case shall an officer performing labour inspection duties be charged

with the supervision of any undertaking in which he has any direct or indirect

personal interest.

16.-(1) Every employer shall prepare and keep one or more registers or other

records containing such information regarding each worker employed by him

as may be prescribed by regulations made under this Part.

(2) Every such register or record shall be so preserved that every

particular recorded therein shall be available for inspection for not less than two

Manufacturing

or commercial

secrets not to

be divulged.

Officers not to

have an interest

in undertakings

inspected.

Records.

years after the recording thereof.

(3) Any employer failing to comply with this section commits an

offence.

17. Every person who, being required in accordance with the provisions

of this Act to furnish information or particulars to a Labour officer-

(a) wilfully refuses or without lawful cause neglects to authenti-

cate the same in the prescribed manner specified, or to de

liver the same at the place or in the manner specified or de-

scribed for the delivery thereof; or

(b) wilfully refuses to answer, or wilfully gives a false answer to

question necessary for the provision of any information or

particulars required by a labour inspector in the execution of

his duties under this Part;

(c) wilfully hinders, obstructs or molests the Commissioner, or a

labour inspector in the exercise of any of the powers con-

ferred upon him by law,

commits an offence.

18. The Minister may make regulations for the following purposes-

(a) prescribing the form of any register or record required to be

kept under the provisions of this Part; and

(b) generally for giving effect to the provisions of this Part.

Offences.

Regulations.

40 of 1963.

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PART IV

Labour Advisory Board

19.-(1) There shall be established a Labour Advisory Board (hereinafter re-

ferred to as the Board) which shall be appointed by the Minister and shall

consist of three persons representing employers, three persons representing

workers and three persons representing the Government.

(2) Organisations representing workers and employers shall be

consulted before appointments are made to the Board of persons representing

their interests.

20. The Board shall study and make recommendations to the Minister on

all matters affecting workers.

21. The Minister shall appoint one of the members of the Board represent-

ing the Government to be Chairman of the Board, and another such member to

be Deputy-Chairman. In the absence of the Chairman from any meeting of the

Board, the Deputy-Chairman shall preside.

22. The Board shall be convened by the Chairman, and the Chairman shall

convene a meeting of the Board on the request of the Minister or upon the

written request of three members of the Board within seven days of the receipt

of such request.

23. An officer of the Labour Department shall act as secretary at all meet-

ings of the Board and the Commissioner, if not already a member, shall be

entitled to be present at all meetings with the right to participate in all delibera-

tions.

24. The Board may, subject to the provisions of this Part and with the

approval of the Minister, make rules for regulating its own proceedings.

Duties of Board.

40 of 1963.

Chairman of

Board.

40 of 1963.

11 of 1985.

Meetings of

Board.

20 of 1964.

Secretary to the

Board and

Commissioner.

11 of 1985.

Procedure of the

Board.

Establishment of

Labour Advisory

Board.

40 of 1963.

11 of 1985.

25. The Minister may make regulations for the following purposes-

(a) prescribing the manner in which representatives of employers

and workers shall be selected;

(b) prescribing the term for which members of the Board shall

hold office;

(c) prescribing the number of members necessary to constitute a

quorum at any meeting of the Board;

(d) prescribing the manner of filling temporary or permanent

vacancies on the Board;

(e) fixing the rates of allowances and expenses to be paid or al-

lowed to any category of members appointed to the Board;

and

(f) generally for better giving effect to the purposes of this Part.

PART V

Contracts of Service Generally

26.-(1) In Parts V, VI and VII, the expression “contract of service” means

any agreement between employer and worker by which the latter works un-

der the authority and direction of the employer (even if not under his direct

supervision) in return for remuneration fixed according to the hours of work,

or at piece or task rates.

(2) Contracts of service may be-

(a) expressed or implied;

Interpretation.

Regulations.

40 of 1963.

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(b) oral or written;

(c) individual or collective; and

(d) for a definite or indefinite period.

27.-(1) Subject to subsection (2), no person shall employ any worker and no

worker shall be employed under any contract of service except in accordance

with the provisions of this Act.

(2) All contracts of service valid and in force at the commence-

ment of this Act shall continue to be in force after such commencement, to the

extent that the same are not in conflict with the provisions of this Act, and shall

be deemed to have been made under this Act, and the parties thereto shall be

subject to and entitled to the benefit of the provisions of this Act.

28. Any person failing to comply with section 27 commits an offence.

29. This Part shall, unless the contrary intention appears, apply both to oral

and written contracts.

30. Nothing in any contract of service shall in any manner restrict the right

of any worker who is a party to such contract-

(a) to join a registered trade union; or

(b) to participate in the activities of a registered trade union, whether

as an officer of such union or otherwise; or

(c) to associate with any other persons for the purpose of organ-

ising a trade union in accordance with the provisions of the

Trade Unions Act.

Offence.

Contracts not to

restrict freedom

of association.

CAP. 300.

Application.

Contracts to

comply with

Act.

31. Notwithstanding anything to the contrary contained in the Contract

Act, or in any other law, but subject to the provisions of this Act any person

who is under the age of eighteen years shall be competent to enter into a

contract of service otherwise than as an employer:

Provided that no damages and no payments under sections 43 and 44

shall be recoverable from a child or young person for a breach of any contract

of employment.

32. Every employer shall, unless the worker has broken his contract of

service or the contract is frustrated or its performance prevented by act of

God, provide the worker with work in accordance with the contract, during

the period for which the contract is binding, on a number of days equal to the

number of working days expressly or impliedly provided for in the contract,

and if the employer fails to provide work as aforesaid he shall pay to the

worker, in respect of every day on which he shall so fail, wages at the same

rate as if the worker had performed a day’s work.

33. Except as is in this Act otherwise provided, the death or bankruptcy

of an employer shall cause any contract of service to which he is a party to

terminate on the expiration of one month from the date of death or bankruptcy

of the employer unless the contract shall have been sooner lawfully termi-

nated. The worker shall be entitled to all the benefits of the contract of service

up to the expiration of the said month, and shall be bound, if required, to

perform services for the widow or other person legally representing the de-

ceased or bankrupt employer in his or her capacity as such, and such widow

or other person shall legally be entitled to all the rights under and bound to

perform all the stipulations of the contract of service to which the said em-

ployer was entitled or which he would have been bound to perform.

34. The employer shall as soon as practicable after the death of a worker

pay or deliver to the district officer of the district of employment, or to the

Registrar General all wages and other remuneration due to the deceased

worker and all property belonging to the deceased worker for distribution in

Employer to

provide work.

Death or bank-

ruptcy of em-

ployer.

Death of a worker.

Contracts of

minors.

CAP. 166.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Labour [CAP. 297

[ ]

33

accordance with the law.

35. No wages shall be payable to any worker in respect of the period of

any imprisonment under any law.

PART VI

Oral Contracts of Service

36. This Part shall apply to oral contracts of service.

37. All contracts of service, other than contracts which are required by this

Act or any other law to be made in writing, may be made orally.

38. No oral contract shall be valid and binding unless the employment there-

under commences within one month from the date of the contract.

39. Notwithstanding any agreement to the contrary the first two weeks of

any employment under an oral contract of service shall be deemed to be pro-

bationary employment and may be terminated at will by either party without

notice.

40.-(1) Notwithstanding any agreement to the contrary, notice of the termina-

tion of a contract of service for an indefinite time, given either by the employer

or the worker, shall be of the following respective durations, if the worker has

been in the employment of the same employer continuously-

(a) for more than two weeks but not more than six months - three

days;

(b) for more than six months but not more than one year - one

week;

(c) for more than one year but not more than two years - two weeks;

Imprisonment of

a worker.

Application.

Contracts not

required to be in

writing.

Commencement

within one

month.

Probationary

employment.

Periods of

notice.

(d) for more than two years - four weeks.

(2) Notwithstanding any agreement to the contrary, a worker em-

ployed under an oral contract of service on every day except agreed rest days

and public holidays and whose remuneration is calculated on an hourly, daily

or other basis not exceeding one week, shall, if he has been in an employment

for more than two weeks, be deemed to have been employed for an indefinite

period.

41. Where one period of employment under an oral contract of service

for an indefinite time is less than six months but is followed by another period

of similar employment commencing within the next following six months from

the last day of employment, the two periods shall, for the purpose of section

40 in regard to the second period of employment, be deemed to be one con-

tinuous period.

42. A period of notice shall commence on the first day of the pay period

next following that during which the notice was served:

Provided that the period of notice shall in no case run concurrently

with any period of holiday to which the worker may be entitled.

43. Where a worker under an oral contract of service for an indefinite

time fails to give notice as in accordance with this Part, he shall be liable to pay

to the employer a sum equal to half the wages that would be payable in re-

spect of the period of notice. Where the employer fails to give the said notice,

he shall be liable to pay to such worker a sum equal to the wages that would

be payable in respect of the period of notice.

44.-(1) An employer who dismisses a worker before the expiration of the

time definitely specified by an oral contract of service shall pay to the worker

a sum equal to the wages that would have accrued to the worker in respect of

the remainder of the time specifically agreed upon.

Beginning of

period of notice.

19 of 1988.

Successive

contracts.

Consequence of

failure to give

notice.

Breach of contract

where period of

employment

defined.

20 of 1964.

20 of 1964.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Labour [CAP. 297

[ ]

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(2) A worker who abandons the service of his employer before

the time definitely specified by an oral contract of service shall pay to his em-

ployer a sum equal to one-half of the full wages to which he would have be-

come entitled if he had continued in employment for the remainder of the time

specifically agreed upon.

45. In the case of workers under a contract of service paid by the unit of

work, or by a share in the profits, or by a commission on the sales or payments

made or received by the employer, the amount payable in terms of sections 42

to 44 shall be calculated on the average earnings of the worker during the three

months immediately preceding the day on which notice is given or the abandon-

ment or termination of employment takes place.

46.-(1) Notwithstanding the foregoing provisions of this Part, an employer

may dismiss the worker and the worker may abandon service of the employer,

without giving notice and without any liability to make payment as provided in

sections 43 and 44 if there is good and sufficient cause for such dismissal or

abandonment of service:

Provided that an employer may not set up as a good and sufficient

cause that the worker at the time of the dismissal was a member of a trade

union.

(2) Good and sufficient cause for dismissal without giving notice

shall include dismissal-

(a) when a worker is guilty of misconduct, whether in the course of

his duties or not, inconsistent with the fulfillment of the express

or implied conditions of his contract of service;

(b) for wilful disobedience to lawful orders given by the employer;

(c) for lack of skill which the employee expressly or by implication

warrants himself to possess;

Calculation of

average earn-

ings.

20 of 1964.

Termination of

contract for good

and sufficient

cause.

(d) for habitual or substantial neglect of his duties;

(e) for absence from work without permission of the employer or

without other reasonable excuse.

47. A contract of service shall not, except with the consent of the worker, be

terminated by the employer during any period of incapacity for work of the

worker caused by personal injury by accident arising out of and in the course

of employment or by any of the occupational diseases in respect of which

compensation is payable under the Workmen’s Compensation Act or injury

benefit is payable under the Social Security Act, in each case occurring in the

service of that employer:

Provided that-

(i) during such period of incapacity no right to wages

shall accrue in favour of the worker;

(ii) the provisions of this section shall not apply beyond

the first twelve continuous calendar months of inca-

pacity or the date from which disablement benefit

becomes payable under the Social Security Act.

48.-(1) On the termination of a contract of service lasting over one month, the

employer shall at the worker’s request, give to him a certificate stating the

duration of the employment, the nature of the work or services performed

and, the rate of wages paid under the contract.

(2) Such certificates shall be in such form as the Commissioner

by notice published in the Gazette may prescribe.

(3) Any employer who fails to comply with this section commits

an offence and is liable on summary conviction to a fine not exceeding twenty-

five dollars or to imprisonment for a term not exceeding two months.

Duty to provide

certificate.

CAP. 44.

CAP. 303.

CAP. 44.

Contract of service

not to be termi-

nated in certain

circumstances.

6 of 1979.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Labour [CAP. 297

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PART VII

Written Contracts of Service

49.-(1) This Part shall apply only to written contracts of service.

(2) In this Part-

“the Convention” means the Contracts of Employment (Indigenous Workers)

Convention 1939 and the Contracts of Employment (Indigenous Workers)

Convention 1947;

“contract” means a written contract of service;

“family” in relation to a worker means his wife and unmarried children except

adult males.

50.-(1) When a contract of service of a worker-

(a) is made for a period of or exceeding three months or a number

of working days equivalent to three months; or

(b) is a contract of service made within Belize and to be performed

wholly or partially outside Belize; or

(c) stipulates conditions of employment which differ materially from

those customary in the district of employment for similar work,

the contract shall be made in writing.

(2) The worker shall indicate his consent to the contract by

signing it.

(3) Where a contract which is required by subsection (1) to be

Certain con-

tracts to be in

writing.

20 of 1964.

Application.

made in writing has not been made in writing it shall not be enforceable except

during the period of one month from the making thereof:

Provided that where a note or memorandum in writing is made setting

out the terms of the contract and a party to the contract has indicated his

consent thereto as aforesaid prior to the expiry of the period for which the

contract was made, the contract shall be enforceable under the provisions of

this section against that party notwithstanding the expiration of the period of

one month from the making thereof, and the note or memorandum may be

presented for attestation to a labour officer.

51. Every contract shall contain in clear and unambiguous terms all that

may be necessary to define the rights and obligations of the parties thereto,

and without prejudice to the generality of the foregoing, shall include the fol-

lowing particulars-

(a) the name of the employer or group of employers and, where

practicable, of the undertaking and the place of employment;

(b) the name of the worker, the place of engagement and the place

of origin of the worker, and any other particulars necessary

for his identification;

(c) where possible the name and addresses of the next of kin of

the worker;

(d) the nature of the employment;

(e) the duration of the employment and the method of calculating

this duration;

(f) the appropriate period of notice to be given by the party wish-

ing to terminate the contract, due regard being had to the pro-

visions of section 57 and to the fact that such provisions refer

Contents of

contract.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Labour [CAP. 297

[ ]

39

to an equitable settlement of monetary and other questions;

(g) the rates of wages and method of calculation thereof, the man-

ner and periodicity of payment of wages, the advances of

wages, if any, and the manner of repayment of any such ad-

vances;

(h) the measures to be taken to provide for the welfare of the worker

and any dependent who may accompany him under the terms

of the contract;

(i) the conditions of repatriation where applicable; and

(j) any special conditions of the contract.

52.-(1) Every contract shall be presented by the employer thereunder within

seven days of the making thereof for attestation to a labour officer or other

officer authorised for the purpose by the Commissioner (which officer is here-

inafter referred to as the attesting officer). Any employer who fails or neglects

to comply with this subsection commits an offence and is liable on summary

conviction to a fine not exceeding two hundred and fifty dollars or to imprison-

ment for a term not exceeding six months.

(2) Before attesting any contract the attesting officer shall-

(a) ascertain that the employee has freely consented to the con-

tract, and that his consent has not been obtained by coercion

or undue influence, or as the result of misrepresentation or mis-

take; and

(b) satisfy himself that-

(i) the contract is in due legal form;

Attestation of

contract.

20 of 1964.

(ii) the terms of the contract are in accordance with the

requirements of this Act;

(iii) the employee has fully understood the terms of the

contract before signing or otherwise indicating his as-

sent;

(iv) the provisions relating to medical examination which

are contained in this Act have been complied with;

and

(v) the worker declares himself not bound by any previ-

ous engagement.

(3) An attesting officer may refuse to attest any contract in re-

spect of which he is not satisfied in regard to any of the matters specified in

subsection (2); and any contract which an attesting officer has refused to attest

shall have no further validity.

(4) A contract which has not been attested shall not be enforce-

able except during the period of one month from the making thereof, but each

of the parties shall be entitled to have it presented for attestation at any time

prior to the expiry of the period for which it was made.

(5) Three copies of every contract attested under this Act shall

be attested along with the original. One copy shall be delivered to the em-

ployer, one to the worker or in the case of a group of workers to one of their

number. The original of every attested contract shall be deposited with and

preserved by the Commissioner.

(6) Where the omission to present the contract for attestation was

due to the wilful act or the negligence of either party the other party shall be

entitled to apply to the Commissioner for the cancellation of the contract.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Labour [CAP. 297

[ ]

41

53.-(1) Every worker who enters into a contract shall be medically examined

at the expense of the employer.

(2) Wherever practicable the worker shall be medically examined

and a medical certificate issued before the attestation of the contract.

(3) Where it has not been practicable for the worker to be medi-

cally examined before the attestation of the contract the Commissioner when

attesting the contract shall endorse it to that effect and the worker shall be

examined at the earliest opportunity.

(4) The Commissioner may, by order exempt from the require-

ment of medical examination workers entering into contracts for-

(a) employment in agricultural undertakings not employing more

than such number of workers as may be stated in the order; or

(b) employment in the vicinity of workers homes-

(i) in agricultural work;

(ii) in non-agricultural work which the Commissioner is

satisfied is not of a dangerous character or likely to be

injurious to the health of the workers;

(iii) where such employment does not involve employment

outside Belize and the work is to be performed within

a radius of ten miles from the workers abode or his

place of engagement.

54.-(1) A child shall not be capable of entering into a contract.

(2) A young person shall not be capable of entering into a contract

except for employment in an occupation approved by a labour officer as not

Contracts by

children and

young persons.

Medical exami-

nation.

being injurious to the moral or physical development of non-adults.

(3) This section shall apply notwithstanding anything contained in

any law.

55.-(1) The maximum period of service that may be stipulated in any contract

for the employment of a worker not involving in the opinion of the Commis-

sioner a long and expensive journey by land, air or water shall be one year if

the worker is not accompanied by his family:

Provided that this period may be extended to two years if the worker

is accompanied by his family.

(2) If the employment of any worker involves in the opinion of the

Commissioner a long and expensive journey by land, air or water the maxi-

mum period may be extended to two years, or if the worker is accompanied

by his family, to three years.

(3) The Commissioner may, after consultation with any employ-

ers’ and workers’ organisations, representative of the interests concerned,

exclude from the application of this section contracts entered into between

employers and workers whose freedom of choice in employment is satisfac-

torily safeguarded; such exclusion may apply generally, or to the workers in

any specified industry or undertaking or to the workers in any specified indus-

try or undertaking or to special groups of workers.

56.-(1) A valid contract may be transferred from one employer to another

provided that the worker has freely consented to the transfer and the transfer

is endorsed upon the contract by an attesting officer.

(2) Before endorsing the transfer upon the contract, the attesting

officer shall-

(a) ascertain that the worker has freely consented to the transfer

Transfer of

contracts.

20 of 1964.

Maximum duration

of contracts.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Labour [CAP. 297

[ ]

43

and that the worker’s consent has not been obtained by coer-

cion or undue influence or as the result of misrepresentation

or mistake; and

(b) satisfy himself that the contract has been duly attested as re-

quired by section 52 and the worker has been duly medically

examined as required by section 53.

(3) Any employer who is a party to the transfer of a contract and

who fails or neglects within seven days of the date of such transfer to present

the contract for endorsement by an attesting officer in accordance with this

section commits an offence and is liable on summary conviction to a fine not

exceeding two hundred and fifty dollars or to imprisonment for a term not ex-

ceeding six months.

57.-(1) A contract shall be terminated-

(a) by the expiry of the period for which it was made; or

(b) by the death of the employer or worker before the expiry of

the term for which it was made.

(2) The termination of a contract by the death of the worker shall

be without prejudice to the legal claims of his legal personal representative.

(3) If the employer is unable to fulfil a contract or if owing to sick-

ness or accident the worker is unable to fulfil the contract, the contract may be

terminated with the consent of the Commissioner subject to conditions safe-

guarding the right of the worker to wages earned, any deferred pay due to him,

any compensation due to him in respect of accident or disease, and his right to

repatriation.

(4) A contract may be terminated by agreement between the par-

ties with the consent of the Commissioner subject to conditions safeguarding

General termina-

tion of contract.

the worker from the loss of his right to repatriation unless the agreement for

the termination of the contract otherwise provides and to the Commissioner

being satisfied-

(a) that the worker has freely consented to the termination and

that his consent has not been obtained by coercion or undue

influence or as the result of misrepresentation or mistake; and

(b) that all monetary liabilities between the parties have been

settled.

(5) A contract, other than a contract to perform some specific

work without reference to time, may be terminated by either party giving to

the other, notice of such termination in accordance with the terms of the con-

tract; the minimum requirements of which shall be-

(a) where the duration is for more than one month the period of

notice shall be not less than fourteen days and may be given

only after the expiry of the first month of employment; or

(b) where the duration is for one month or less the period of no-

tice shall not be less than seven days:

Provided that except where the Commissioner in his discretion shall

otherwise permit the period of notice stipulated in the contract shall not ex-

ceed one month.

(6) An equitable settlement of monetary and other conditions in-

cluding the question of repatriation shall be agreed upon between the worker

and the employer and in default of such agreement either party may refer the

matter to the Commissioner who shall make such order, including the award

of any subsistence expenses reasonably incurred pending such order, as may

be just and equitable.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Labour [CAP. 297

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45

58.-(1) Every worker who is a party to a contract and who has been brought

to the place of employment by the employer or by any person acting on behalf

of the employer shall have the right to be repatriated at the expense of the

employer to his place of origin or engagement whichever is nearer to the place

of employment in the following cases-

(a) on the expiry of the period of service stipulated in the contract;

(b) on the termination of the contract by reason of the inability of

the employer to fulfil the contract;

(c) on the termination of the contract by reason of the inability of

the worker to fulfil the contract owing to sickness or accident;

(d) on the termination of the contract by agreement between the

parties, unless the agreement otherwise provides;

(e) on the termination of the contract by the Commissioner on the

application of either of the parties, unless the Commissioner

otherwise decides.

(2) Where the family of the worker has been brought to the place

of employment by the employer or by any person acting on behalf of the em-

ployer, the family shall be repatriated at the expense of the employer whenever

the worker is repatriated or in the event of his death.

(3) The expenses of repatriation shall include-

(a) travelling and subsistence expenses or rations during the jour-

ney; and

(b) subsistence expenses or rations during the period, if any, be-

tween the date of termination of the contract and the date of

repatriation.

Repatriation.

(4) The employer shall not be liable for subsistence expenses or

rations in respect of any period during which the repatriation of the worker has

been delayed-

(a) by the worker’s own choice; or

(b) for reasons of force majeure, unless the employer has been

able during the said period to use the services of the worker

at the rate of wages stipulated in the contract.

(5) Where the employer fails to fulfil his obligations in respect of

repatriation, the said obligations shall be discharged by or under directions of

the Commissioner, and any sums so expended may be recovered from the

employer by civil suit.

(6) Any employer who fails without reasonable excuse to comply

with any of the provisions of this section relating to the repatriation or payment

of expenses of repatriation of any worker or the family of any worker commits

an offence.

59. The Commissioner may exempt the employer from liability for repa-

triation expenses in the following cases-

(a) when he is satisfied-

(i) that the worker, by a declaration in writing or other-

wise, has signified that he does not wish to exercise

his right to repatriation; and

(ii) that the worker has been settled at or near the place

of employment;

(b) when he is satisfied that the worker, by his own choice, has

failed to exercise his right to repatriation before the expiry of

Exemption from

repatriation.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Labour [CAP. 297

[ ]

47

six months from the date of termination of the contract;

(c) when the contract has been terminated by the Commissioner

in consequence of a fault of the worker;

(d) when the contract has been terminated otherwise than by rea-

son of the inability of the worker to fulfil the contract owing to

sickness or accident and the Commissioner is satisfied-

(i) that in fixing the rate of wages proper allowance has

been made for the payment of repatriation expenses

by the worker; and

(ii) that suitable arrangements have been made by means

of a system of deferred pay or otherwise to ensure that

the worker has the funds necessary for the payment of

such expenses.

60.-(1) The employer shall whenever possible provide transport for workers

who are being repatriated.

(2) A labour officer shall take all necessary measures to ensure

and may give such directions to the employer or to any person acting on behalf

of the employer as will ensure-

(a) that the vehicles or vessels used for transport of workers are

suitable for such transport, are in good sanitary conditions and

are not over-crowded;

(b) that, when it is necessary to break the journey for the night,

suitable accommodation is provided for the workers;

(c) that, when the workers have to make long journeys on foot,

the length of the daily journey is compatible with the mainte-

Transport on

repatriation.

nance of their health and strength; and

(d) that, in the case of long journeys, all necessary arrangements

are made for medical assistance and for the welfare of the

workers.

(3) When the workers have to make long journeys in groups,

they shall be conveyed by a person who is fit to assume responsibility for their

welfare during the journey.

(4) Any person who fails without reasonable excuse to comply

with this section or with any directions of a labour officer lawfully given under

this section commits an offence and is liable on summary conviction to a fine

not exceeding five hundred dollars or to imprisonment for a term not exceed-

ing six months.

61.-(1) The maximum period of service that may be stipulated in any re-

engagement contract made on the expiry of a contract shall be twelve months,

but in a re-engagement contract with a worker who is accompanied by his

wife and children the said maximum period shall be two years.

(2) Where the period of service to be stipulated in any re-en-

gagement contract, together with the period already served under the expired

contract, involves the separation of any worker from his family for more than

eighteen months, the worker shall not begin the service stipulated in the re-

engagement contract until he has had the opportunity to return home at the

employer’s expense.

(3) The Commissioner may grant exemption from the provision

of subsection (2) whenever its application is impracticable or undesirable.

(4) Except as provided in subsections (1), (2) and (3) all the pro-

visions of the preceding sections of this Part shall apply to re-engagement

contracts, but a labour officer may at his discretion exempt such contracts

Re-engagement

contracts.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Labour [CAP. 297

[ ]

49

from the provisions of section 53 relating to medical examination.

62.-(1) The Labour Commissioner shall, where necessary, cause concise sum-

maries of this Act to be printed in English and in a language known to the

workers and shall make such summaries available to the employers and work-

ers concerned.

(2) Where necessary, the employer may be directed by the Com-

missioner to post such summaries in a language known to the workers in con-

spicuous places.

63.-(1) When a contract made within Belize relates to employment in another

territory (in this section referred to as the territory of employment) then this Part

shall apply in the following manner-

(a) attestation of the contract required by section 52 shall take

place before an attesting officer before the worker leaves Belize;

(b) the medical examination required by section 53 shall take place

at the latest at the time and place of the departure of the worker

from Belize;

(c) a person whose apparent age is less than either sixteen years

or the minimum age of capacity for entering into contracts pre-

scribed by the law of the territory of employment, if such mini-

mum age is higher than sixteen years, shall not be capable of

entering into such a contract;

(d) the period of service stipulated in the contract in the case of a

worker accompanied by his family, shall not exceed either three

years or the maximum period prescribed by the law of the ter-

ritory of employment if such maximum period is less than three

years;

Extra-territorial

contracts.

Summaries of

Act to be

brought to the

notice of

workers.

(e) where the worker is not accompanied by his family, the pe-

riod of service stipulated in the contract shall not exceed two

years, or the maximum period prescribed by the law of the

territory of employment, if such maximum period is less than

two years;

(f) the conditions under which the contract is subject to termina-

tion shall be determined by the law of the territory of employ-

ment;

(g) the Commissioner shall co-operate with the appropriate au-

thority of the territory of employment to ensure the applica-

tion of section 60 (2);

(h) the period of service stipulated in any re-engagement contract

shall not exceed the maximum period allowed by this Act, or

the maximum period allowed by the law of the territory of

employment, if the latter maximum period be less than the

former.

(2) When a contract made within another territory (in this section

referred to as the territory of origin) relates to employment in Belize, the pro-

visions of this Act shall apply in the following manner-

(a) the conditions under which the contract is subject to termi-

nation shall be determined by the provisions of this Act;

(b) if the employer fails to fulfil his obligations in respect of repa-

triation, the said obligations shall be discharged by the Com-

missioner and any expenses incurred by the Commissioner in

so doing may be recovered by him from the employer as a

civil debt;

(c) the authority which may exempt the employer from liability for

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Labour [CAP. 297

[ ]

51

repatriation expenses shall be the Commissioner;

(d) the Commissioner shall co-operate with the appropriate au-

thority of the territory of origin to ensure the application of

section 60 (2).

(3) When the Convention is not in force for both the territory of

origin and the territory of employment, the provisions set forth in subsections

(1) and (2) shall apply subject to the following provisions-

(a) when the Convention is not in force for the territory of employ-

ment, the attesting officer of Belize shall not attest the contract

unless he is satisfied that the worker will be entitled in the terri-

tory of employment, either by virtue of the law of that territory

or by virtue of the terms of the contract, to the rights and pro-

tection specified in sections 57 to 61;

(b) when the Convention is not in force in the territory of origin-

(i) the attestation of the contract required by section 52

shall take place before an attesting officer of Belize as

soon as is practicable after the worker enters Belize;

(ii) the provisions of section 52 (5) shall apply; and

(iii) the medical examination required by section 53 shall

take place as soon as is practicable after the worker

enters Belize,

unless the attesting officer of Belize is satisfied that the matters specified in

subparagraphs (i), (ii) and (iii) have in fact been dealt with in accordance with

the terms of the Convention by the appropriate authority of the territory of

origin.

(4) The Government shall, whenever necessary or desirable, en-

ter into agreements with the Governments of other territories for the purpose

of regulating matters of common concern arising in connection with the appli-

cation of the provisions of the Convention, and may in any such agreement

derogate from subsections (1) and (2) in respect of contracts made in one

territory party to the agreement for employment in another such territory.

64. When the employer in a contract of service relating to employment in

another territory does not reside or carry on business within Belize and in any

other case where the officer attesting the contract, whether it relates to em-

ployment in another country or not, considers it desirable, the employer or his

agent shall give security by bond in the form prescribed or to the like effect

with one or more sureties to be approved of by the officer attesting the con-

tract, conditioned for the due performance of the contract, in such sums as

such officer may consider reasonable.

PART VIII

Recruiting

65. In this Part-

“family” in relation to a recruited person means the wife and the unmarried

children, if any, except adult males, of the recruited person;

“licence” means a licence issued under this Part;

“licensee” means the holder of a licence issued under this Part;

“recruit” means to obtain or supply or attempt to obtain or supply the labour

of persons who do not spontaneously offer their services at the places of

employment or at an office established by the Government or by an employ-

ers’ organisation with the approval of the Minister for the purpose of receiving

applications for employment, and “recruiter” and “recruiting” mean respec-

Security by

employer.

Interpretation.

20 of 1980.

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tively a person who undertakes operations with that object in view and any

operations so undertaken;

“worker-recruiter” means a person who being employed as a worker, is

authorised in writing by his employer to recruit other workers on behalf of his

employer, but who does not receive any remuneration or other advantage for

such recruiting.

66. This Part shall not apply to-

(a) the recruiting of workers by or on behalf of employers who do

not employ more than twenty workers excluding personal and

domestic servants; or

(b) the recruiting of workers within ten miles of the place of em-

ployment; or

(c) the recruiting of personal or domestic servants or non-manual

workers,

or to any workers so recruited, unless such recruiting is done by professional

recruiting agents.

67.-(1) The Minister after considering the advice of the Labour Advisory Board

may by Order published in the Gazette prohibit or limit recruiting in any area of

Belize.

(2) No person shall himself or through agents or messengers re-

cruit in any area in which recruiting is prohibited by an order of the Minister.

(3) During the continuance in force of any Order of the Minister

under this section any licence granted under this Part shall be deemed to be

suspended or modified to the extent required to conform to the said order in so

far as it relates to any area to which such Order applies.

Exemptions.

Minister may

prohibit recruit-

ing.

20 of 1964.

20 of 1964.

68.-(1) Subject to subsection (6), no person shall recruit workers unless he is

licensed in that behalf under this Part.

(2) Every person desirous of obtaining a licence under this sec-

tion shall apply to the Commissioner who may in his discretion issue a licence-

(a) if he is satisfied that the applicant is a fit and proper person to

be granted a licence;

(b) if the prescribed security has been furnished; and

(c) if he is satisfied that adequate provision has been made for

safeguarding the health and welfare of the workers to be re-

cruited.

(3) A licence shall be subject to such conditions as may be en-

dorsed upon it and shall not be transferable.

(4) No licence shall be issued for a period exceeding one year

but it may be renewed if the Commissioner is satisfied that the conditions on

which it was granted have been complied with.

(5) The Commissioner may cancel any licence in any case where

the licensee has been convicted of an offence under this Part or any regula-

tions made thereunder or has not complied with the conditions under which it

was granted or is guilty of conduct which in the opinion of the Commissioner

renders him no longer a fit and proper person to hold a licence; and the Com-

missioner may suspend any licence pending the decision of a court or the

making of any inquiry which he shall consider necessary.

(6) This section shall not apply to worker-recruiters.

69.-(1) No person shall assist a recruiter in actual recruiting operations, and

no recruiter shall employ any such person, unless such person is the holder of

Recruiters’

assistants.

Recruiter to be

licensed.

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a valid permit issued in that behalf by the Commissioner.

(2) Every such permit shall be issued at the discretion of the Com-

missioner and shall be subject to such conditions as he may think fit to specify

therein. Before issuing any such permit, the Commissioner shall satisfy himself

that the person to whom it is to be issued is a fit and proper person to hold it

and is in a position to fulfil his obligations thereunder.

(3) The Commissioner may require as a condition of any such per-

mit that the holder shall not receive from the recruiter for his services remunera-

tion calculated at a rate per head of workers recruited; and, where the Com-

missioner permits such remuneration, it shall be a condition of the permit that it

shall not exceed an amount per head to be specified therein. Any breach of this

condition shall be an offence not only by the holder of the permit but also by the

recruiter from whom the remuneration is received.

70. Before issuing any licence or permit under this Part, the Commissioner

may require the applicant to execute a bond, in the form prescribed for such

amount as he may consider reasonable, conditioned for the due observance

and fulfillment of any conditions subject to which the licence or permit may be

issued and of the provisions of this Part and any regulations made thereunder,

and may require the employer to execute a bond, in the form prescribed for

such amount as he may consider reasonable, conditioned for the payment of

wages due to the persons recruited during the period of their service with such

employer.

71. No child or young person shall be recruited, but the Commissioner

may in his discretion permit a young person who has attained the age of sixteen

years to be recruited with the consent of his parents or guardians for employ-

ment upon such light work and subject to such conditions as he may endorse

upon any memorandum required to be furnished to a recruited worker.

72.-(1) No member of the family of a recruited person shall be deemed to

have been recruited by reason only of the recruitment of such person.

Power to take

security.

Non-adults to be

recruited.

Families of

recruited

persons.

(2) Where the wife or child of a recruited person has been

authorised by a recruiter to accompany such person to, and to remain with

him at, the place of employment, such wife or child shall not be separated from

such person except at his express request.

(3) The authorisation of such wife or child to accompany the re-

cruited person as aforesaid shall, in default of agreement to the contrary be-

fore the departure of such person from the place of recruitment, be deemed to

be an authorisation to remain with him for the full duration of his term of ser-

vice.

73.-(1) Public officers shall not recruit for private undertakings either directly

or indirectly except when the recruited workers are to be employed on works

of public utility for the execution of which private undertakings are acting as

contractors for a public authority.

(2) No Alcalde shall-

(a) act as a recruiter;

(b) exercise pressure upon possible recruits;

(c) receive from any source whatever any special remuneration

or other special inducement for assistance in recruiting.

74. This Part and the regulations made thereunder shall, unless otherwise

expressly provided, apply to worker-recruiters as if they were licensees:

Provided that worker-recruiters shall recruit only in such areas as may

be prescribed and shall not make advances of wages to recruited workers.

75.-(1) Recruited workers shall-

(a) be brought before a labour officer or district officer; and

Public officers.

Worker-recruiters.

Examination of

workers.

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(b) be medically examined at the expense of the recruiter or the

employer as near as possible to the place of recruitment and

in accordance with regulations made under this Part.

(2) The labour officer or district officer before whom any

recruited worker is brought shall satisfy himself that this Part and the regulations

made thereunder have been observed and that the worker has not been subjected

to pressure or recruited by misrepresentation or mistake.

76.-(1) Where any recruited person-

(a) becomes incapacitated through sickness or accident during the

journey to the place of employment; or

(b) on arrival at the place of employment is not employed for any

reason for which he is not responsible, or is found on medical

examination to be physically unfit to perform the work contem-

plated by his contract of service; or

(c) after arrival at the place of employment is found after due in-

quiry by a labour officer to have been recruited by mis-repre-

sentation or mistake,

the employer shall at his own expense provide such person and the family of

such person with reasonable means of transport to the place of engagement.

(2) Where any recruited person dies during the journey to the place

of employment or during the period of his term of service, the employer shall at

his own expense provide the family of such person with reasonable means of

transport to the place of engagement.

77. Any person who acts in contravention of or fails to comply with any of

the provisions of this Part commits an offence and is liable on summary convic-

tion to a fine not exceeding five hundred dollars or to imprisonment for a term

Return of

workers.

Offences.

20 of 1964.

not exceeding twelve months, or to both such fine and term of imprisonment.

78. The Minister may make regulations for the purpose of giving effect to

this Part, and without prejudice to the generality of the foregoing power he

may by regulations provide for-

(1) the manner and form in which application is made for licences

and permits, the particulars to be furnished upon every such

application, the conditions under which any licences and per-

mits may be issued, the form of licences and permits, the fees

payable therefor, and the particulars to be set forth therein;

(2) the security to be furnished by applicants for licences;

(3) the records to be kept by licensees;

(4) the remuneration to be paid to the assistants of licensees;

(5) the restriction of recruiting to certain areas;

(6) the supervision of worker-recruiters;

(7) the documents to be given to the recruited worker by the li-

censee;

(8) the provision of transport for recruited workers and their families

from the place of recruitment to the place of employment;

(9) the amount of wages which may be paid in advance to re-

cruited workers, and the conditions under which advances of

wages may be made.

Regulations.

40 of 1963.

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PART IX

Employment Service

79. The Minister may, by Order, provide for the establishment of employ-

ment offices in any part of Belize operating in respect of all or any categories of

workers and all or any occupations or industries or any part thereof.

80. Employment offices shall be under the supervision of the Commissioner.

81. Employment offices shall have the following duties-

(a) registering applicants for employment, such registration to in-

clude particulars of their occupational qualifications, experi-

ence and desires;

(b) obtaining from employers notification of and information on va-

cancies;

(c) referring suitable applicants to available employment;

(d) giving guidance and assistance to applicants for employment in

respect of vocational training necessary for obtaining available

employment within or without Belize;

(e) facilitating the transfer of a worker from one occupation to an-

other or from one region to another for the purpose of obtain-

ing employment; and

(f) performing such other duties as the Minister may direct.

82. The Commissioner shall be responsible for collecting, analysing and

making generally available all information regarding the situation of the employ-

ment market obtained either through reports on the operation of employment

Responsibility of

Commissioner.

Duty of employ-

ment offices.

Manpower

information.

20 of 1964.

Establishment of

employment

offices.

40 of 1963.

offices or otherwise in the course of his duties.

83.-(1) The Minister may appoint such advisory committees for assuring the

co-operation of employers’ and workers’ representatives in matters pertain-

ing to the organisation and operation of the employment offices as he may

consider necessary.

(2) The representatives of employers and workers on such com-

mittees shall be appointed in equal numbers after consultation with employers’

and workers’ organisations.

84. The Minister may by Order require the registration of employers and

workers in such industries and occupations and in such areas, districts or places

as the Order may specify.

85.-(1) Every employer engaged in an industry or occupation to which an

Order made under section 84 refers and whose place of business is ordinarily

within any area, district or place specified in such Order, shall forthwith apply

for registration and may be registered in accordance with this Part.

(2) If the Commissioner is of the opinion that an employer who

has not applied for registration is a person to whom such Order applies he

may give him notice in writing to apply for registration.

86. Where an Order has been made under section 84 in respect of any

industry or occupation in any area, district or place the Commissioner may by

notice in writing require that any employer to whom the provisions of the Or-

der apply shall not carry on business in an industry or occupation to which the

Order so applies unless he shall have been duly registered.

87. No employer shall lend to, or allow to be used by, any other person

any certificate issued to him under this Part and no person shall use or display

any certificate of registration as an employer which has not been issued to him.

Registration of

employers and

workers.

40 of 1963.

Duty of employ-

ers.

Employer may not

carry on business

unless unregis-

tered.

Certificates not to

be used improp-

erly.

Advisory commit-

tees.

40 of 1963.

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88.-(1) Every worker, not being of the age of sixty years or over, ordinarily

resident in any area, district or place to which an Order under section 84 ap-

plies, and who is engaged in any industry or occupation to which such Order

applies, shall from and after the date upon which such Order commences, be

liable to compulsory registration.

(2) A worker shall be deemed to be ordinarily resident in any area,

district or place to which an Order applies unless he satisfies a labour officer

that he is residing therein for temporary purposes only.

(3) A worker shall be deemed to be under the age of sixty years

unless he satisfies the Commissioner to the contrary.

89. The Commissioner may, by notice published in the Gazette, require

any class or classes of workers to whom an Order under section 84 is intended

to apply, and who are liable to compulsory registration, to present themselves

for registration in such manner and at such place and within such time as may be

specified in the notice.

90. The Commissioner may order that employers in any industries or occu-

pations in those areas, districts or places to which an order under section 84

applies shall not employ any worker unless such worker is registered under this

Part.

91. The Minister may make regulations-

(a) regulating the operation of any employment office;

(b) appointing and authorising registration offices for the registra-

tion of employers and workers;

(c) prescribing in respect of employers the forms of application for

registration and certificates of registration and such other forms

as may be necessary for giving effect to this Part in respect of

Notice of

registration.

Unregistered

workers not to

be employed.

Regulations.

40 of 1963.

Duty of workers.

employers;

(d) prescribing the particulars to be furnished by employers and

by workers upon application for registration and before and

after registration;

(e) providing for the issue of certificates of registration and iden

tity to registered workers and for the replacement upon pay-

ment of such fee as may be prescribed, of such certificate

when lost or destroyed;

(f) providing for the taking of photographs as a means of identi-

fication of registered workers or for other arrangements for

the identification; and

(g) generally for giving effect to this Part.

92.-(1) Any employer who acts in contravention of any of the provisions of

this Part commits an offence and is liable on summary conviction to a fine not

exceeding five hundred dollars or to imprisonment for a period not exceeding

six months, or to both such fine and term of imprisonment.

(2) Any worker who acts in contravention of any of the provi-

sions of this Part commits an offence and is liable on summary conviction to a

fine not exceeding one hundred dollars or to imprisonment for a period not

exceeding three months.

93.-(1) Any person carrying on or commencing operations involving the ex-

posure of workers to ionising radiations shall, within one month of the com-

mencement of such operations, notify the Labour Commissioner of the nature

of the operation he is carrying on or commencing.

(2) Any person who fails or neglects to comply with this section

commits an offence and is liable on summary conviction to a fine not exceed-

Offences.

20 of 1964.

Activities

involving expo-

sure to ionising

radiations.

20 of 1964.

20 of 1964.

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Labour [CAP. 297

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ing five hundred dollars or to imprisonment for a term not exceeding twelve

months.

94.-(1) Where the Minister is satisfied that any operation involves the expo-

sure of workers to ionising radiations, he may make such regulations as appear

to him to be reasonably practicable and to meet the necessity of the case.

(2) Regulations so made may, among other things-

(a) prohibit the employment of, or modify or limit the hours of em-

ployment of, all persons or any class of persons in connection

with any such operation; or

(b) prohibit, limit or control the use of any material or process in

connection with any such operation;

and may impose duties on owners, employers, employed persons and other

persons, as well as occupiers.

PART X

Protection of Wages

95.-(1) In all contracts of employment provision shall be made for the payment

of the wages of a worker in legal tender and not otherwise and if in any such

contract the whole or any part of such wages is made payable in any other

manner, such contract shall be illegal, null and void.

(2) Any employer who contravenes this section commits an of-

fence.

96.-(1) In all contracts of service the wages of the employee shall be made

payable in legal tender and not otherwise and if in any such contract the whole

or any part of such wages is made payable in any other manner such contract

Wages to be

paid in legal

tender.

Payment of

wages.

4 of 1969.

Regulations for

protection

against ionising

radiations.

20 of 1964.

shall be illegal, null and void.

(2) Wages shall be paid when due and, unless impossible, on work

days and at or near the place of employment or an authorised agent’s office.

(3) Except where otherwise expressly permitted by this Act, the

entire amount of the wages earned by, or payable to, any employee in terms of

any contract of service shall be paid-

(a) to him in legal tender; or

(b) with his consent or at his request and subject to such limita-

tions and conditions as may be prescribed-

(i) into a bank account maintained by him; or

(ii) to him by cheque, postal order or money order ex-

pressed in legal tender,

and every payment of, or on account of, any such wages made in any other

form shall be illegal, null and void.

(4) Every employee shall be entitled to recover in a court so much

of his wages exclusive of sums lawfully deducted in accordance with this Act

as shall not actually have been paid to him in accordance with subsection (3).

(5) Any employer who enters into any contract or pays any wages

contrary to subsections (1) and (3) commits an offence.

97.-(1) No employer shall impose in any contract for the employment of any

worker any terms as to the place at which, or the manner in which, or the

person with whom, any wages paid to the worker are to be expended, and

any such terms in a contract between an employer and a worker shall be

illegal, null and void.

Illegal conditions

regarding place

and manner of

spending.

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(2) Any employer or other person who, directly or indirectly im-

poses, as a condition of the payment of any wages or advance to a worker or

to any member of his family, any order or agreement as to the place or the

manner in which or the person with whom any portion of such wages or ad-

vance is to be expended, commits an offence and is liable on summary convic-

tion to a fine not exceeding five hundred dollars or to imprisonment for a term

not exceeding twelve months.

98. Wages shall be paid directly to the worker to whom they are due or to

a person specified by him in writing except as is provided in section 110.

99. Every worker shall be entitled to recover in a court so much of his

wages exclusive of sums lawfully deducted in accordance with this Part as shall

not have been actually paid to him in legal tender.

100.-(1) Wages shall be paid at regular intervals and shall be due to be paid-

(a) not less often than once a week in the case of workers whose

wages are fixed by the hour or day or week;

(b) not less often than once a fortnight in the case of workers whose

wages are calculated solely on a piecework or output basis;

(c) not less often than once a month in the case of workers whose

wages are fixed on a monthly or annual basis;

(d) in the case of workers employed to perform a task the comple-

tion of which requires two weeks or more, not less often than

once a fortnight in proportion to the amount of work com-

pleted; or

(e) in the case of workers whose wages consist of a share of prof-

its, or of a commission on sales or payments made or received

by the employer, not less often than once a month in such pro-

Wages to be paid

directly to

worker.

Worker’s right to

recover.

Periodicity of

wage payments.

portions as may be determined by agreement between such

workers and the employer:

Provided that paragraphs (a) to (e) of this subsection shall not apply

where an agreement is entered into between an employer or employers or

organisations of employers, on the one hand, and trade unions representative

of the workers concerned, on the other, fixing other intervals for the payment

of wages; and provided further that on the application in writing of any em-

ployer, the Commissioner may if he sees fit and subject to any conditions he

may lay down, exempt such employer from paragraphs (a) and (b) of this

subsection.

(2) A settlement of accounts shall be made at least once a year by

the employer in respect of workers whose wages consist of a share of profits

or of a commission on sales or payments made or received by the employer.

(3) Any employer who contravenes or fails to comply with this

section commits an offence.

101.-(1) Where a contract of service is terminated not less than one week

before wages in respect of that contract of service become due to be paid,

such wages shall be paid within one week of the termination of the contract.

(2) In the case of casual workers employed for short periods,

wages shall be paid immediately on completion of the work.

102.-(1) Where a contract which is required by this Act to be in writing is

entered into or where any worker is recruited under Part VIII the employer or

recruiter may-

(a) make a cash advance on account of unearned wages pro-

vided that such advance shall not be made earlier than one

week before the agreed date of commencement of the ser-

vice and shall not exceed such sum as may be prescribed by

Payment of wages

on termination of

contract.

Limitation of

advances.

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Labour [CAP. 297

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the Commissioner with the approval of the Minister, and dif-

ferent sums may be prescribed for different types of employ-

ment;

(b) supply foodstuffs, clothing, tools or implements to the worker

in consideration of his entering into the contract, provided that

such articles shall not be supplied earlier than one week before

the agreed date of commencement of the service and shall not

exceed in value such sum as may be prescribed by the Com-

missioner with the approval of the Minister, and different sums

may be prescribed for different types of employment.

(2) Any employer or recruiter who contravenes this section com-

mits an offence.

103. No employer shall make any deductions by way of discount, interest

or any similar charge on account of any advance of wages made to any worker

in anticipation of the regular period of payment of such wages.

104. All advances made otherwise than in accordance with this Part or any

regulations made thereunder shall be unlawful and shall be irrecoverable in a

court of law whether by way of counterclaim, set-off or otherwise.

105.-(1) Except where otherwise expressly permitted by this Act or any other

Act no employer shall make any deduction or make any agreement or contract

with a worker for any deduction from the wages to be paid by the employer to

the worker, or for any payment to the employer by the worker, for or in respect

of any fine, or for bad or negligent work or for injury to the materials or to other

property of the employer.

(2) Any employer who contravenes this section commits an of-

fence.

Interest on

advances

prohibited.

Illegal advances

to be irrecover-

able.

Deductions

restricted.

40 of 1963.

106.-(1) Subject to subsection (2) any employer may deduct or stop from the

wages payable to a worker under any contract of service-

(a) the actual or estimated cost to the employer of any materials,

tools and implements supplied by the employer to the worker

at the latter’s request to be used by him in his occupation; or

(b) any cash advance previously lawfully made to the worker on

account of unearned wages; or

(c) the value of any foodstuffs or clothing previously lawfully sup-

plied to the worker in consideration of his entering into the

contract; or

(d) the amount of any contribution to a provident fund, sickness

benefit fund, credit union or trade union if such deduction has

been previously authorised in writing by the worker; or

(e) the value of goods previously purchased by the worker from

any shop or commissary lawfully operated by the employer;

or

(f) income tax notified in accordance with the provisions of the

Income Tax (Deduction from Emoluments) Regulations, to the

employer to be due and payable by the worker.

(2) The total amount which may be stopped or deducted from

the wages of a worker in any pay period under this section shall not exceed

one-third of the wages of the worker in that pay period.

(3) Any employer who makes a deduction from the wages of a

worker otherwise than in keeping with this section commits an offence.

(4) Subject to subsection (1), the Commissioner, at the request in

20 of 1964.

Certain deductions

authorised.

29 of 1957.

20 of 1964.

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writing of a worker, may by permit in writing authorise on such conditions as he

may think fit the deduction of such other amounts as may be specified in the

permit if he is satisfied that it would be to the advantage of such worker.

107.-(1) Nothing in this Act shall render illegal any agreement or contract with

an employee for the partial payment of his wages in the form of allowances in

kind, other than in the form of intoxicating liquor or noxious drugs:

Provided that-

(a) such allowances are appropriate for the personal use and be-

nefit of the worker and his family;

(b) the value attributed to such allowances is fair and reasonable;

and

(c) the partial payment of wages in the form of such allowances is

customary or desirable because of the nature of the industry or

occupation concerned.

(2) Any employer who makes any payment of an employee’s wages

in whole or part in the form of intoxicating liquor or noxious drugs commits an

offence.

108.-(1) Deductions in the form of direct or indirect payments for the purpose

of obtaining or retaining employment shall not be made from the wages of a

worker by an employer, or by any intermediary or labour contractor or re-

cruiter.

(2) Any person who contravenes this section commits an offence.

109. During the period of his contract, a worker receiving an advance under

this Act shall not by reason only of such advance be deemed to have or to have

had means and ability to pay any sum due by him under any judgment of a

Deductions for

obtaining or

retaining

employment

prohibited.

Saving as to

judgment debts.

Remuneration

other than

wages.

4 of 1969.

court.

110.-(1) Notwithstanding any other law, the remuneration of a worker shall

be liable to attachment or seizure in execution only within the following limits-

(a) up to one-half in respect of maintenance payments;

(b) up to one-third in respect of all other debts of any kind and

however contracted.

(2) The proportions prescribed in subsection (1) shall not be ap-

plicable cumulatively on the ground that there are several debts or several

creditors, the maximum proportion in all cases remaining fifty per centum of

the remuneration. The sums attached or seized shall be divided among the

claimants in proportion to their established claims.

111. Where an employer offers any work to a worker, he shall inform him,

either at the time of the offer or as soon thereafter on the same day as may be

practicable, whether he is to be paid for his services by time or by the piece or

by the task and at what rate for the time, piece or task, as the case may be.

112. The Minister may, after consultation with organisations of employers

and workers directly concerned (if such exist), by order, exempt any category

or categories of non-manual workers, from all or any of the provisions of this

Part.

113. No prosecution for any offence under this Part shall be instituted after

the expiration of one year from the date of the commission of the offence.

114. The Minister may make regulations for the purpose of giving effect to

this Part, and without prejudice to the generality of the foregoing power may

by regulation provide for-

(a) the establishment, control and regulation of commissaries or

Rates of wages to

be notified by

employer to

worker.

Exemptions.

40 of 1963.

Prosecutions to

be instituted

within one year.

Power to make

regulations.

40 of 1963.

Limitations on

attachment or

seizure of wages.

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shops conducted by employers or any specified class of em-

ployer at places remote from towns and villages, including the

control or prohibition of the sale of liquors to workers of such

employers and the fixing and control of prices for goods sold

thereat to workers of such employers;

(b) the particulars and quantities of rations to be supplied to work-

ers either generally or to workers of a specified class and to

members of their families permitted by their employer to ac-

company them.

PART XI

Hours of Work, Overtime and Holidays

115. No worker shall be obliged to work on any public holiday or on any

Sunday, if Sunday is the agreed rest day, or other agreed rest day substituted

for a Sunday by agreement between an employer or an organisation of em-

ployers, on the one hand, and a worker or organisation of workers, on the

other hand, entered into not less than seven days before such rest day is taken.

116.-(1) No worker shall be obliged to work on more than six days in any

week or for more than nine hours of actual work in any day or forty-five hours

of actual work in any week.

(2) The gross weekly wages of workers shall not be reduced as a

result of the reduction of the maximum weekly working hours and any overtime

hours shall be calculated by using the gross weekly wages for a forty-five hour

week as the ordinary rate of pay.

117.-(1) No deduction shall be made from the wages of a worker paid by the

month or the week for time not worked on a public holiday.

(2) Workers paid by the hour, by the day or on a piece work or

task work basis shall be paid at single time rate the wages of a normal working

Working days.

Working hours.

11 of 1986.

17 of 1986.

No deduction

from wages for

public holidays.

11 of 1965.

11 of 1986.

17 of 1986.

day for a public holiday which falls on a scheduled workday, that is to say a

day on which he would have worked were it not a public holiday, if he is at

work on the scheduled workday immediately preceding and that immediately

following the public holiday or, where he has been laid off within six days

before the public holiday, he is re-employed within six days after the holiday:

Provided that this shall not apply to workers who are remunerated by

the piece or by the task and are not subject to continuous supervision.

(3) All work done on public holidays other than Christmas Day,

Good Friday and Easter Monday shall be paid for at half as much again is

ordinary rates in addition to any payment to which the worker may be entitled

under subsection (1) and (2).

(4) All work done on Christmas Day, Good Friday and Easter

Monday shall be paid for at double rates in addition to any payment to which

the worker may be entitled under subsections (1) and (2).

(5) For the purpose of subsection (2), “wages for a normal work-

ing day” shall not be less than the acknowledged basic day’s wages paid by

the industry in which the worker is employed and which in any event shall not

be less than eight times the hourly wage:

Provided that this section shall not apply to any industry where a wage

council is established providing effective machinery for fixing of remuneration

and the provision of paid public holidays for workers in that industry.

118.-(1) If any worker works for and at the request of his employer on a

public holiday or a Sunday or other agreed rest day or for more than nine

hours in any day or forty-five hours in any week, he shall be paid wages for

such extra work at the following rates-

(a) on Christmas Day, Good Friday, and Easter Monday - at a

rate of not less than double his ordinary rate of pay;

Overtime.

11 of 1986.

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Labour [CAP. 297

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(b) on public holidays other than those set out in paragraph (a)

hereof - at a rate of not less than one and one-half times his

ordinary rate of pay;

(c) on Sundays or other agreed rest days - at a rate of not less

than one and one-half times his ordinary rate of pay; and

(d) for hours worked in excess of nine hours in any day or forty-

five hours in any week - at a rate of not less than one and one-

half times his ordinary rate of pay.

(2) In the case of workers remunerated by the piece or by the task

and who are subject to continuous supervision, the expression ordinary rate of

pay shall for the purposes of this section be deemed to be the piece-rate or the

task-rate.

119.-(1) Sections 115 to 118 shall not apply to-

(a) persons holding positions of supervision or management or

employed in a confidential capacity;

(b) persons who are shop assistants for the purposes of the Shops

Act;

(c) workers who are employed wholly or mainly to watch over

agricultural property and who reside on such property pro-

vided that in each case the property does not exceed one hun-

dred acres and is not used for industrial processing or manu-

facture of any kind whatsoever;

(d) workers who are remunerated by the piece or by the task and

are not subject to continuous supervision.

(2) The Minister may by Order exempt from the provisions of sec-

20 of 1964.

40 of 1963.

CAP. 287.

Exemptions.

tions 115, 116 and 118, subject to such conditions as may be specified in such

Order, any undertaking, business or establishment or any part thereof or any

class of workers, on application being made to the Commissioner by any

employer or worker or organisation of employers or workers.

120. The time during which the worker is at the disposal of the employer

shall be deemed to be hours of actual work.

121. Wherever the daily hours of work exceed six hours, the employer

shall grant workers employed by him a break of not less than one hour in the

middle of the working day, and the said break shall not be included in the

computation of the hours of actual work:

Provided that under conditions of continuous shift working in which

the Commissioner is satisfied it would not be practicable to grant workers a

break of one hour’s duration, he may approve some other basis of working

which seems to him fair and reasonable m the special circumstances.

122. The night rest period shall in no case be less than nine consecutive

hours. For persons working during the night, the rest period during the day

shall likewise in no case be less than nine consecutive hours.

123. Where workers are employed in shifts, it shall be permissible to

employ them without payment of overtime in excess of the daily or weekly

number of hours specified in this Part, if the average number of hours

over a period of three weeks or less does not exceed the daily or weekly

number of hours so specified.

124. Unless otherwise agreed or prescribed, workers whose wages are

calculated on a daily basis shall be paid only for the number of days actually

worked by them.

125. The provisions of the subsequent sections of this Part shall not apply

to outworkers as defined in this Act nor to members of an employer’s family

Break in working

day.

20 of 1964.

Night rest.

Shifts.

Payment of daily

workers.

Application of fol-

lowing sections.

Hours of actual

work.

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who work exclusively on his behalf and who live in his house, or to shop assis-

tants to whom the provisions of the Shops Act apply.

126. In the subsequent sections of this Part-

“average pay” in respect of any period of employment, means one twenty-sixth

of the worker’s total remuneration for that period of employment except that

where a worker by virtue of his contract of service, by custom or by collective

agreement is entitled to a longer period of annual holiday with pay then one

week, “average pay” in respect of that worker shall mean the fraction of the

worker’s total remuneration corresponding to the proportion that the period of

holiday calculated in weeks to which he is entitled bears to fifty-two weeks;

“total remuneration” in respect of any period of employment, means all basic

wages which the worker is paid or is entitled to be paid by his employer in

respect of the labour or services which he has performed for his employer

during that period of employment and includes the cash value of any board or

lodging provided by his employer, but shall not include any overtime payments,

commissions or bonuses: for the purposes of this definition the cash value of

any board or lodging shall be deemed to be the amount fixed as such by or

under the terms of the worker’s contract of service or, if it is not so fixed, shall

be computed at the rate of twenty dollars a month for board and ten dollars a

month for lodging;

“year of employment” in relation to a worker, means any period of twelve

months during which the worker has actually performed labour or rendered

services for the same employer for an aggregate of at least two hundred and

fifty days in the case of a worker employed on a weekly, fortnightly, monthly or

yearly basis, and at least one hundred and fifty days in the case of any other

worker.

127.-(1) Every worker being employed on such date as shall be specified by

Order of the Minister (hereinafter referred to as the specified date) shall, at the

end of the first year of his employment, computed as though his employment

Specified date,

annual holiday

and terms and

Interpretation.

20 of 1964.

17 of 1986.

CAP. 287.

commenced on the specified date, and at the end of each succeeding year of

his employment, be entitled to an annual holiday of at least two working weeks.

(2) Every worker not being employed on the specified date but

thereafter being in employment shall, at the end of each year of his employ-

ment, be entitled to an annual holiday of at least two working weeks.

(3) The annual holiday shall be given and taken in one period, or

if the employer and worker so agree, in two separate periods and not other-

wise.

(4) If the employer and worker so agree, the annual holiday or

either of such separate periods may be taken wholly or partly in advance

before the worker has become entitled to such holiday.

(5) The annual holiday shall be given by the employer and shall be

taken by the worker before the expiration of six months after the date upon

which the right to such holiday accrued:

Provided that the giving and taking of the whole or any separate pe-

riod of such holiday may, with the consent in writing of the Commissioner, be

further postponed for a period to be specified by him in any case where he is

of opinion that circumstances render such postponement necessary or desir-

able.

(6) The employer shall determine the date on which the annual

holiday shall commence and shall give to the worker not less than seven days’

notice of such date.

(7) Where the annual holiday or any part thereof has been taken

before the right to such annual holiday has accrued, the right to a further annual

holiday shall not commence to accrue until after the expiration of the period of

twelve months in respect of which the annual holiday or part thereof has been

so taken.

conditions thereof.

S. I. 17 of 1964.

17 of 1986.

17 of 1986.

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(8) Where any public holiday, Sunday or other agreed rest day

occurs during any period of annual holiday taken by a worker under this sec-

tion, the period of the holiday shall be increased by one day in respect of such

public holiday, Sunday or other agreed rest day.

128.-(1) Every worker who takes an annual holiday in conformity with section

127 shall be paid by his employer in respect of such annual holiday his average

pay in respect of the period of his employment with such employer during the

period of twelve months to which such annual holiday relates.

(2) Where the worker takes his annual holiday in one period, the

average pay referred to in submission (1) shall be paid to him not later than the

day immediately preceding the commencement of such annual holiday.

(3) Where the worker takes his annual holiday in two separate

periods of equal duration, one-half of the average pay referred to in subsection

(1) shall be paid to him not later than the day immediately preceding the com-

mencement of each of the two periods.

(4) No deduction shall be made in respect of public holidays, Sun-

days, or other agreed rest days from the wages of a worker which are to be

paid to him as holiday pay.

129.-(1) Where the employment of a worker who has become entitled to an

annual holiday under section 127 is terminated, and the worker has not taken

any part of such holiday, the employer shall be deemed to have given such

annual holiday to the worker from the date of the termination of the employ-

ment, and shall forthwith pay to the worker, in addition to all other amounts due

to him, his average pay in respect of the period of his employment with such

employer during the period of twelve months to which such annual holiday

related.

(2) Where the employment of a worker who has become entitled

to an annual holiday is terminated and the worker has taken a period of holiday

Where employ-

ment terminated,

employer

deemed to have

granted holiday

on payment of

average pay.

Payment in

respect of

holiday.

20 of 1964.

20 of 1964.

equal to one-half of the total holiday period to which he is entitled, the em-

ployer shall be deemed to have given the remaining period of such annual

holiday to the worker from the date of termination of the employment and shall

forthwith pay to the worker in addition to all other amounts due to him, one-

half of the average pay referred to in subsection (1).

(3) Where the annual holiday or part thereof has been taken by a

worker under section 127 (4) and-

(a) the employment of the worker is terminated before he has

completed the year of employment in respect of which such

annual holiday or part thereof was taken; and

(b) the sum paid by the employer to the worker in respect of such

annual holiday or part thereof exceeds the sum which the

employer would have been required to pay to that worker

under subsection (1),

the employer shall not be liable to make any payment to the worker under that

subsection, and shall be entitled to deduct the amount of such excess from any

remuneration payable to the worker upon the termination of his employment.

130.-(1) Where any worker has been employed by the same employer for a

period of not less than three months and such employment is terminated be-

fore the worker becomes entitled under section 127 to an annual holiday in

respect of that period of employment, the employer shall forthwith pay to the

worker, in addition to all other amounts due to him, his average pay for the

period of his employment with such employer:

Provided that if the worker has at any time taken an annual holiday

under this Part while in the employment of any employer, the aforesaid em-

ployer shall be deemed to have complied with this section if he pays forthwith

to the worker, in addition to all other amounts due to him, his average pay for

the period of his employment between the date on which he became entitled

Provision for

holiday pay where

worker is em-

ployed for more

than three months

and less than a

period of one year.

20 of 1964.

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to his last annual holiday and the date of the termination of his employment.

(2) The termination of employment by the employer for cause with-

out notice shall not exempt the employer from the duty of making any payments

due under subsection (1).

131.-(1) Where any worker who has been employed by the same employer

for an aggregate period of not less than sixty days in the preceding twelve

months falls ill while in the employment of the said employer, and the illness was

not caused by his own default or misconduct, the employer shall grant to the

said worker, at his request, sick leave with pay for a period of up to sixteen

working days in any twelve months and the employer shall pay the worker in

respect of any such period of sick leave at the rate corresponding to his total

remuneration over the last sixteen days of his employment with him.

(2) Where the worker, if required to do so by the employer, fails

within forty-eight hours of such written request to produce a certificate from a

registered medical practitioner certifying to his illness and the duration thereof,

he shall not be entitled to sick leave with pay.

(3) In the absence of agreement, no worker shall be entitled to

claim sick leave with pay for more than sixteen days in any period of twelve

months.

(4) In the case of a worker who is entitled to sickness benefits

under this section as well as under the Social Security Act such worker shall

receive payment under the Social Security Act, and in addition be entitled to -

be paid by his employer the following payments: -

(a) in respect of the first three days of illness payment equivalent

to three days’ basic wages;

(b) in respect of the next thirteen days of illness payment of the

difference between such percentage of the worker’s insurable

Sick leave with

pay.

19 of 1975.

CAP. 44.

CAP. 44.

earnings as may be fixed from time to time and his basic rate

of pay for the corresponding period; and

(c) payment thereafter in accordance with the Social Security

(Sickness Benefits) provisions unless more favourable condi-

tions are provided for in any contract of employment or col-

lective agreement.

132. Any agreement between an employer and the worker which purports

to exclude the operation of any of the provisions of this Part shall be null and

void:

Provided that this Part may be varied in respect of any particular in-

dustry or undertaking by a Wages Regulation Order made under the Wages

Councils Act, and relating to the said industry or undertaking.

133. Any employer who-

(a) refuses to allow any worker to take a holiday to which he is

entitled under this Part; or

(b) fails to pay any worker the average or other pay to which he

is entitled under this Part,

commits an offence, and is liable on summary conviction to a fine not exceed-

ing five hundred dollars or to imprisonment for a term not exceeding twelve

months, or to both such fine and term of imprisonment.

134. Where proceedings are brought under section 133 in respect of an

offence consisting of a failure to make any payments under this Part then if

notice of intention to do so has been served with a summons, warrant or

complaint, on proof of the failure the court may order the employer to make

any payments which ought to have been made in respect of the period of

employment concerned. Any such order shall be enforced in accordance with

Offences.

CAP. 302.

19 of 1975.

Procedure.

No power to

contract out

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the Summary Jurisdiction (Procedure) Act.

135. No prosecution for any offence under this Part shall be instituted after

the expiration of one year from the date of the commission of the offence.

PART XII

Labour Clauses in Public Contracts

136. In this Part-

“Government” means the Government of Belize and includes town councils

and city councils;

“public contract” means any contract which fulfils the following conditions-

(a) that one party to the contract is the Government or has entered

into the contract with assistance from the Government by way

of grant, loan, subsidy, licence, guarantee or other similar form

of assistance;

(b) that the execution of the contract involves-

(i) the expenditure of Government funds; and

(ii) the employment of workers by the other party to the

contract;

(c) that the contract is a contract for-

(i) the construction, alteration, repair or demolition of pub-

lic works; or

(ii) the manufacture, assembly, handling or shipment of

Interpretation.

CAP. 99.

Prosecutions to

be instituted

within one year

of offence.

CAP. 87.

29 of 1999.

materials, supplies or equipment; or

(iii) the performance or supply of services;

(d) that the contract is awarded by a duly authorised officer of the

Government; and

(e) that the contract involves the expenditure of Government funds

of an amount of not less than one thousand dollars.

137. Every public contract shall be deemed to include and to incorporate

the provisions, conditions or stipulations set forth in this Part to all intents and

purposes as if the same were expressly set out as conditions or covenants

therein to be observed and performed on the part of either or both of the-

parties to the contract.

138. The contractor shall pay rates of wages and observe hours and condi-

tions of labour not less favourable than those established, in the trade or indus-

try in the district where the work is carried out, by agreement, machinery of

negotiation or arbitration to which the parties are organisations of employers

and trade unions representative respectively of substantial proportions of em-

ployers and workers engaged in the trade or industry in the district (hereinafter

referred to as established rates and conditions) or, failing such established

rates and conditions in the trade or industry in the district, established rates

and conditions in other districts where the trade or industry is carried on under

similar general circumstances.

139. In the absence of any such agreement or established rates and condi-

tions as defined in section 138, the contractor shall pay rates and wages and

observe hours and other conditions of labour not less favourable than those

which are or would be paid and observed by Government in the trade in the

district where the work is carried out.

Rates of wages

and hours and

conditions of

work to be

applied.

Contractor to pay

fair rates and

observe reason-

able conditions.

11 of 1965.

Provisions, etc.,

deemed to be

included in public

contracts.

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140. Before being placed on any list of Government contractors or being

allowed to tender for Government contracts, the contractor shall certify that to

the best of his knowledge and belief the wages, hours of work and conditions

of labour of all workers employed by him in the trade or industry in which he is

offering himself as a contractor are fair and reasonable having regard to the

provisions of section 138.

141. In the event of any difference or dispute arising as to what wages ought

to be paid, or what hours or other working conditions ought to be observed in

accordance with the requirements of section 138 it shall, if not otherwise dis-

posed of, be referred by the Commissioner to the Minister who may, if he

thinks fit, refer the matter to an arbitration tribunal in accordance with the pro-

visions of the Trade Disputes (Arbitration and Inquiry) Act. In arriving at its

decision the tribunal, in the absence of any established rates and conditions in

the trade or industry concerned as specified, in section 138 shall have regard to

any agreement, custom, practice or award that may be brought to its notice

relating to the wages, hours or conditions of labour of persons employed in a

capacity similar to that of the person to whom the difference or dispute relates

in trade or industries carried on under similar general circumstances.

142.-(1) The contractor shall keep proper wages books and time sheets showing

the wages paid to and time worked by the workers in and about the execution

of the contract, and he shall be bound, whenever required, to produce such

wages books and time sheets for the inspection of any labour officer.

(2) The contractor shall keep posted in a conspicuous place at

each of his establishments and work places a notice in a form to be prescribed

by the Commissioner informing workers of their conditions of employment.

143.-(1) A subcontractor shall be bound in all cases to conform to the condi-

tions of the main contract and the main contractor shall be responsible for the

observance of all contract conditions on the part of the subcontractors.

(2) The contractor shall not transfer or assign a contract or any

CAP. 299.

Keeping of

records.

Prohibitions.

Preliminary

declaration of

contractor.

Arbitration.

40 of 1963.

portion thereof without the written permission of the Commissioner.

144. Contractors and subcontractors shall recognise the freedom of their

workers to be members of registered trade unions.

145. A contractor shall not be entitled to payment of any money which

would otherwise be payable under the terms of contract in respect of the

work and labour performed in the execution of the contract unless and until he

shall have filed together with his claim for payment a certificate-

(a) showing the rates of wages and hours of labour of the various

classes of workmen employed in the execution of the con-

tract;

(b) whether any wages in respect of the said work and labour

remains in arrears; and

(c) that all the labour conditions of the contract have been duly

complied with.

146. The contractor shall also from time to time furnish to the Commis-

sioner such further detailed information and evidence as the Commissioner

may think necessary in order to satisfy him that the conditions of this Part have

been complied with.

147. In the event of default being made for the payment of any money in

respect of wages to any workman employed on the contract and if a claim

thereafter is filed in the office of the Commissioner and proof thereof satisfac-

tory to the Commissioner is furnished the Commissioner may, failing payment

by the contractor arrange for the payment of such claim out of the moneys at

any time payable under the said contract and the amount so paid shall be

deemed payments to the contractor.

Contractor to

provide informa-

tion required by

Commissioner.

Commissioner

may deduct

workmen’s wages

from payment due

to contractor.

11 of 1965.

Freedom of

workers to join

trade unions.

Certificates to

accompany claims

for payment.

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148. Any contractor or subcontractor who fails to comply with any of the

provisions of this Part shall cease to be approved as a contractor or subcon-

tractor for such period as the Commissioner may determine.

PART XIII

Safety, Health and Housing

149.-(1) Every employer who provides or arranges accommodation for workers

to reside at or in the vicinity of a place of employment shall provide and main-

tain-

(a) sufficient and hygienic house accommodation;

(b) a sufficient supply of wholesome water; and

(c) sufficient and proper sanitary arrangements, for every worker

who resides at the place of employment. Such house accom-

modation, water supply and sanitary arrangements shall con-

form to such requirements and standards of health and hygiene

as may be prescribed.

(2) No employer shall house any worker or other person in a

building the state of which or the surroundings of which are, in the opinion of the

Commissioner or health officer, such as to endanger the health of such worker

or other person and should it appear to the Commissioner or health officer that

the accommodation provided is likely, by reason of its site, construction, size,

or otherwise, to endanger the health of any worker or of any person, the Com-

missioner may serve the employer with an order in writing requiring him to

remove, alter, enlarge or reconstruct such accommodation within a reasonable

time to be stated in such order; and such order may also, if necessary, declare

that no worker or other person shall be permitted to occupy any building the

subject of such order pending removal, alteration, enlargement or reconstruc-

tion.

Housing, water

supply and

sanitation.

Consequences

of failure to

comply with

requirements.

20 of 1964.

(3) Should it appear to the Commissioner that accommodation

ought to be provided for non-resident workers by reason of the distance of

their houses or other suitable accommodation from the place of employment

he may forbid the employment of such workers until such accommodation has

been provided.

150. A space of not less than one hundred feet around any housing area

shall be kept clear of bush and secondary growth and the employer shall cause

such space to be kept in a clean and sanitary condition and all refuse in or near

the housing area to be collected and buried or burned and shall detail a suffi-

cient number of workers daily to carry out these duties.

151.-(1) Every person intending-

(a) to employ resident workers at a place of employment where

workers have not hitherto been employed within the preceding

twelve months; or

(b) to increase the number of workers already employed on a

place of employment so that the existing arrangements will be

inadequate and insufficient for such increase,

shall give notice in writing of such intention to the Commissioner.

(2) If the Commissioner at any time has reason to believe that the

arrangements made for the residence and employment of workers on any

place of employment where it is intended that workers shall live or be em-

ployed or where workers are living or employed are from any cause inad-

equate for the residence and employment of such workers or of additional

workers or that the health or conditions of workers living or employed on any

place of employment is from any cause unsatisfactory, he may by order served

on the employer prohibit the residence or employment, or both, of workers or

of additional workers on such place and it shall thereupon be unlawful for any

person to employ or permit to reside on such place any workers or depen-

Surrounding of

housing to be

kept clean.

Approval of place

of employment

and prohibition of

employment of

workers where

arrangements are

inadequate.

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Labour [CAP. 297

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87

dents, or any workers or dependents other than those who were residing or

employed thereon before the issue of such order, as the case may be.

(3) The Commissioner may, upon being satisfied that adequate ar-

rangements have been made for the residence and employment of the workers

or of additional workers on such place of employment or that the health and

condition of the workers living or employed thereon have become satisfactory,

rescind the order made under subsection (2) and thereupon it shall be lawful for

the employer to employ workers or additional workers, as the case may be, on

such place of employment.

152.-(1) The Commissioner or health officer may by order in writing require

any employer to take within such reasonable time as he may determine such

steps as he considers necessary with a view to remedying defects observed in

plant, lay-out, working methods, supervision, medical or sanitary provision or

other matters at any place of employment which he may have reasonable cause

to believe constitute a threat to the health or safety of workers.

(2) If any employer is dissatisfied with any order made or given by

the Commissioner or health officer under subsection (1) he may appeal from

such order to the Minister within fourteen days of the date of such order being

communicated to him.

(3) The Minister on considering such appeal may confirm or re-

scind such order, or may confirm such order subject to such variations as he

may think fit.

153. Every employer who employs a worker wholly or mainly to watch over

property shall provide the worker with adequate shelter from inclement weather

to the satisfaction of the Commissioner.

154. An employer shall provide decent internment for any deceased worker

who was resident at the place of employment at the time of death or for any

deceased dependent of a worker who was resident at the place of employment

Power to make

orders.

Provision of shel-

ter from inclement

weather.

4 of 1969.

40 of 1963.

40 of 1963.

Burial of

deceased worker

or dependent.

at the date of death unless in the case of a deceased worker a relative or friend

undertakes the duty and in the case of a deceased dependent of a worker the

worker undertakes such duty.

155. The Minister may make regulations to give effect to this Part and with-

out prejudice to the generality of the foregoing may by regulation provide for-

(a) the provision and maintenance by employers of house accom-

modation, water supply and sanitary arrangements;

(b) the care and transport of sick or injured workers and the pro-

vision and maintenance of first-aid equipment.

156. Every employer who-

(a) contravenes or fails to comply with any of the provisions of

sections 149, 150 or 151 commits an offence and is liable

on summary conviction, to a fine not exceeding two hundred

and fifty dollars or to imprisonment for a term not exceeding

six months, or to both such fine and term of imprisonment;

(b) contravenes or fails to comply with any Order of the Minister

or requirement of the Commissioner or the health officer or

any regulations made under this Part commits an offence

and is liable, on summary conviction, to a fine not exceeding

two hundred and fifty dollars or to imprisonment for a term

not exceeding six months, or to both such fine and term of

imprisonment.

Regulations.

40 of 1963.

Offences.

40 of 1963.

11 of 1965.

10 of 1960.

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PART XIV

Forced Labour

157. In this Part-

“forced labour” means all work or service which is exacted from any person

under the menace of any penalty and for which the said person has not offered

himself voluntarily, provided that the term “forced labour” shall not include-

(a) any work of a purely military character or service exacted by

virtue of compulsory military service laws;

(b) any work or service which forms part of the normal civic obli-

gations of the citizens of a fully self-governing country;

(c) any work or service exacted from any person as a consequence

of a conviction in a court of law, provided that the said work or

service is carried out under the supervision and control of a

public authority and that the said person is not hired to or placed

at the disposal of private individuals, companies or associa-

tions;

(d) any work or service exacted in cases of emergency, that is to

say, in the event of war or of a calamity or threatened calamity,

such as fire, flood, famine, hurricane, earthquake, violent epi

demic or epizootic diseases, invasion by animal, insect or vege-

table pests, and in general any circumstance that would endan-

ger the existence or the well-being of the whole or part of the

population;

(e) minor communal services of a kind which, being performed by

the members of the community in the direct interest of the said

community, can therefore be considered as normal civic obli-

Interpretation.

gations incumbent upon the members of the community pro-

vided that the members of the community or their direct repre-

sentatives shall have the right to be consulted in regard to the

need for such services.

158.-(1) No person shall impose or permit the imposition of forced labour.

(2) Notwithstanding anything contained in paragraphs (b) and (c)

of the proviso to section 157 no person shall impose or permit the imposition

of forced or compulsory labour-

(a) as a means of political coercion or as a punishment for holding

or expressing political views or views ideologically opposed

to the established political, social or economic system;

(b) as a method of mobilising and using labour for purposes of

economic developments;

(c) as a means of labour discipline;

(d) as a punishment for having participated in strikes;

(e) as a means of racial, social, national or religious discrimination.

(3) Any person who imposes or permits the imposition of forced

labour is guilty of an offence.

159. This Part, with the exception of section 158 (3), shall apply to Gov-

ernment of Belize.

Application to

Government.

Prohibition of

forced labour.

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PART XV

Employment of Women and Children

160.- (1) In this Part-

“family” means the employer and the spouse and any children of the

employer;

“night”-

(a) with reference to the employment of women, means at least

eleven consecutive hours including the interval between 10

p.m. and 5. a.m. provided that in industrial undertakings which

are influenced by the seasons of the year the Commissioner

may by notice published in the Gazette declare that the pe-

riod may be reduced to ten hours instead of eleven hours for

sixty days in the year; and

(b) with reference to, the employment of persons who are under

the age of sixteen years means at least the twelve consecutive

hours from 6 p.m. to 6 a.m.; and

(c) with reference to the employment of persons who have attained

the age of sixteen years but are under the age of eighteen years

means at least twelve consecutive hours falling between 5 p.m.

and 6 a.m.;

“vessel” includes a ship or boat, of any nature whatsoever, engaged in maritime

navigation, whether publicly or privately owned, but does not include a ship of

war;

“woman” means a female person who has attained the age of eighteen years.

20 of 1964.

Interpretation.

(2) If, having regard to the nature of the work involved in any

occupation which forms part of an industrial undertaking, the Minister consid-

ers that such occupation should be excluded from all or any of the provisions

of this Part relating to industrial undertakings he may, by Order declare that

employment in such occupation shall be deemed not to be employed in an

industrial undertaking to the extent specified in such Order.

161.-(1) Subject to the other provisions of this Part, no person shall employ

during the night, in a public or private industrial undertaking-

(a) a woman; or

(b) a person under the age of eighteen years.

(2) If a person is employed in contravention of subsection (1),

the employer and any person (other than the person employed) to whose act

or default the contravention is attributable commits an offence and is liable on

summary conviction to a fine not exceeding two hundred and fifty dollars or to

imprisonment for a term not exceeding six months.

162.-(1) Section 161, with respect to the employment of women during the

night, shall not apply-

(a) to women holding responsible positions of a managerial or

technical character;

(b) to women employed in health and welfare services who are

not ordinarily engaged in manual work;

(c) to an industrial undertaking in which only members of the same

family are employed;

(d) in any case of force majeure when in an industrial undertaking

there occurs an interruption of work which it was impossible

Exceptions.

20 of 1964.

40 of 1963.

Prohibition of

night work.

20 of 1964.

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to foresee, and which is not of a recurring character, and which

is approved as such by the Commissioner; and

(e) in a case where the work has to do with raw materials or

materials in the course of treatment which are subject to rapid

deterioration and work during the night is necessary to pre-

serve such materials from loss and the permission of the Com-

missioner to perform such work during the night has been ob-

tained.

(2) The Minister after consultation with any workers’ or employ-

ers’ organisations concerned, may by Order authorise the employment during

the night of male persons who have attained the age of sixteen years but are

under the age of eighteen years for purposes of apprenticeship or vocational

training in such class of industrial undertakings as are specified in the Order.

(3) When in a case of serious emergency the public interest de-

mands it, the Minister, after consultation with any employers’ and workers’

organisation concerned, may by Order suspend the prohibition of employment

of male persons between the ages of sixteen and eighteen years during the night

in any industrial undertaking or any branch thereof.

(4) Where in an industrial undertaking there occurs an emergency

which could not have been controlled or foreseen, and which is not of a peri-

odical character and which is approved by the Commissioner and which inter-

feres with the normal working of that undertaking, then, during that emergency,

the provisions of section 161 with respect to the employment of persons under

the age of eighteen years during the night shall not apply to male persons be-

tween the ages of sixteen and eighteen years employed in that undertaking dur-

ing such emergency.

(5) Notwithstanding section 161, the Minister, if he considers “it

expedient to do so, may by order, permit women and male persons between

the ages of sixteen and eighteen years to be employed in any industrial under-

20 of 1964.

20 of 1964.

20 of 1964.

20 of 1964.

40 of 1963.

taking or in any branch thereof during that part of the night which falls between

7.00 p.m. and 11.00 p.m. on condition that the night-rest period of such women

and male persons is of not less than twelve consecutive hours duration.

(6) Where the Minister considers that the employment of persons

under eighteen years of age in a family undertaking wherein only parents and

their children are employed is not harmful, prejudicial or dangerous to them,

he may by Order exempt them from the application of this section relating to

the employment of persons under the age of eighteen years, subject to such

conditions as he may think fit.

163.-(1) The employer in a public or private industrial undertaking shall keep

a register of the names, dates of birth and hours of work of all women and of

all persons under the age of eighteen years employed in that undertaking.

(2) Any employer who fails to comply with this section commits

an offence and is liable on summary conviction to a fine not exceeding fifty

dollars or to imprisonment for a term not exceeding four months.

164.-(1) Subject to subsection (2), no person shall employ a child in a public

or private industrial undertaking or in a branch thereof.

(2) Subsection (1) shall not apply to work done by children in

technical schools if such work is approved and supervised by a public author-

ity.

165.-(1) Subject to subsections (2) and (3), no master of a vessel which is

registered in Belize as a British ship or which is owned by any person or body

of persons resident or carrying on business in Belize shall employ on such

vessel, and no master of any other vessel shall engage for employment on that

vessel, either-

(a) a person under the age of fifteen years; or

Employment of

children.

Employment at

sea.

20 of 1964.

Register.

40 of 1963.

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(b) any other young person unless the master has in his posses-

sion and available for inspection by a labour officer, a valid

certificate of a registered medical practitioner issued not more

than one year previously and certifying that he has examined

the young person and found him fit for the employment pro-

posed:

Provided that any certificate which expires in the course of a voyage

shall remain valid until the end of the said voyage.

(2) Subsection (1) shall not apply-

(a) to a vessel on which only members of the same family are

employed; and

(b) to work done by persons under the age of fifteen years on

school ships or training ships if such work is approved and

supervised by a public authority.

(3) The Minister may make regulations to provide that that author-

ity designated in that behalf by the regulations may issue a certificate permitting

a person who has attained the age of fourteen years and is under the age of

fifteen years to be employed on a vessel, if such authority is satisfied, after

having due regard to the health and physical condition of such person and to the

prospective as well as to the immediate benefit to him in the employment pro-

posed, that such employment will be beneficial to him.

166. The master of a vessel which is registered in Belize as a British ship or

which is owned by any person or body of persons resident or carrying on

business in Belize shall keep a register of the names and dates of birth of all

persons under the age of sixteen years employed on that vessel, or a list of such

names and dates of birth in the articles of agreement with the crew of that

vessel.

Register of

persons under

sixteen years of

age.

40 of 1963.

167.-(1) No young person shall be employed on any vessel as a trimmer or

stoker.

(2) In any case where a trimmer or stoker is required in a place

where young persons of less than eighteen years of age only are available to

satisfy such requirements then young persons who are of and over sixteen

years of age may be employed but so that two such young persons be en-

gaged and employed in the place of each trimmer or stoker required.

168.-(1) The employer of any young person employed on a vessel and the

parent or guardian of that young person shall, if required by a labour officer,

furnish to that officer such information regarding the employment of that young

person as that officer may require.

(2) If the master of a vessel fails to keep a register as required by

section 166 or refuses or neglects to produce it for inspection by a labour

officer or refuses or neglects to furnish any information regarding the employ-

ment of a young person as required by subsection (1), he commits an offence

and is liable on summary conviction to a fine not exceeding one hundred dol-

lars.

169. Subject to any regulations made under section 170 no child shall be

employed-

(a) so long as he is under the age of twelve years; or

(b) before the close of school hours on any day on which he is

required to attend school; or

(c) before six o’clock in the morning or after eight o’clock in the

evening on any day; or

(d) for more than two hours on any day on which he is required to

attend school; or

Restrictions on

employment of

children.

Trimmers and

stokers.

Employers, etc.,

to furnish

information.

20 of 1964.

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(e) for more than two hours on any Sunday; or

(f) to lift, carry or move anything so heavy as to be likely to cause

injury to him; or

(g) in any occupation likely to be injurious to his life, limb, health

or education, regard being had to his physical condition.

170.-(1) The Minister may make regulations with respect to the employment of

children, and any such regulations may distinguish between children of different

ages and sexes and between different localities, trades, occupations and cir-

cumstances, and may contain provisions-

(a) authorising the employment of children under the age of twelve

years, notwithstanding anything in section 169 (a), by their

parents or guardians in light agricultural or horticultural work

in their parents’ or guardians’ lands or gardens only;

(b) prohibiting absolutely the employment of children in any speci-

fied occupation;

(c) prescribing in relation to children-

(i) the age below which they are not to be employed;

(ii) the number of hours in each day, or in each week, for

which, and the times of day at which, they may be

employed;

(iii) the intervals to be allowed to them for meals and rest;

(iv) the holidays or half-holidays to be allowed to them;

(v) any other conditions to be observed in relation to their

Regulations.

40 of 1963.

employment.

(2) No such regulations shall modify the restrictions contained in

section 169 except in so far as is expressly permitted by paragraph (a), and

any restriction contained in any such regulations shall have effect in addition to

the said restrictions.

(3) All regulations made under this section shall be subject to nega-

tive resolution.

171. Nothing in section 170 (1) (c) or in section 169 (d) or in any regula-

tions shall prevent a child from taking part without fee or reward in an enter-

tainment, the net proceeds of which are devoted to any charitable or educa-

tional purpose or to any purpose other than the private profit of the promot-

ers.

172.-(1) If any person employs a child or young person in contravention of

this Part or any regulations or Order made thereunder he commits an offence

and is liable on summary conviction to a fine not exceeding twenty dollars or

to imprisonment for a term not exceeding two months, and in the case of a

second or subsequent offence, to a fine not exceeding fifty dollars or to im-

prisonment for a term not exceeding four months.

(2) If any parent or guardian of a child has conduced to the com-

mission of the alleged offence by wilful default, or by habitually neglecting to

exercise due care, he shall be liable to the like fine or imprisonment.

173. When an offence of employing a child in contravention of this Part or

of any regulations made thereunder is committed by an agent or workman of

the employer, such agent or workman shall on summary conviction be liable to

the like fine as if he were the employer.

174. Where a child is taken into employment on the production (by or with

the privity of the parent or guardian) of a false or forged birth certificate, or on

Liability of agent

of employer.

False certificate or

representation as

to age.

Saving where

employment is for

entertainment for

charitable or

educational

purposes.

Penalty for

employment.

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Labour [CAP. 297

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the false representation by his parent or guardian as to his age, such parent or

guardian commits an offence and is liable on summary conviction to a fine not

exceeding fifty dollars or to imprisonment for a term not exceeding four months.

175. Nothing in this Part shall apply to the exercise of manual labour by any

child detained under order of detention in a certified institution under the Certi-

fied Institutions (Children’s Reformation) Act, or in an orphanage, or by any

child receiving instruction in manual labour in any school.

176. This Part shall be in addition to and not in derogation of any of the

provisions of any other Act relating to the employment of women, young per-

sons or children.

PART XVI

Maternity Protection

177.-(1) In any public or private industrial or commercial undertaking or in any

branch thereof, or in any agricultural undertaking or any branch thereof a woman

shall-

(a) not be permitted to work during the six weeks following her

confinement;

(b) have the right to leave her work if she produces a medical

certificate given by a qualified medical practitioner stating that

her confinement will probably take place within six weeks;

(c) while she is absent from her work in pursuance of paragraphs

(a) and (b) be paid not less than fifty per cent of the wages

which she normally would have earned had she not been so

absent:

Provided that during the twelve months preceding her confinement

Permitted

absence from

work and

expenses.

10 of 1995.

Exception.

CAP. 121.

Saving.

she was employed by the same employer for a period of not less than one

hundred and fifty days.

(2) The provisions of paragraph (c) of subsection (1) and the pro-

vision thereto shall not apply to a woman in receipt of or entitled to receive

maternity allowance under the Social Security Act.

(3) No employer shall be liable to pay the medical expenses or

any part of such expenses which have been incurred by a woman during or

attributable for her pregnancy or confinement.

178. Where a woman is in receipt of maternity allowance under the Social

Security Act or is absent from her work in accordance with section 177 (1)

(a) and (b), or remains absent from her work for a longer period as a result of

illness certified by a qualified medical practitioner to arise out of her pregnancy

or confinement and rendering her unfit for work, no employer shall, unless her

absence has exceeded such maximum period as the Minister may by regula-

tion prescribe, give notice of dismissal during such absence or give her notice

of dismissal at such time that the notice would expire during such absence.

179. Payments made under section 177 shall be made for every day of the

period (including Sundays and public holidays) during which a woman is so

absent from work.

180. The payments to be made in accordance with sections 177 to 179

shall be paid in two instalments as follows-

(a) in respect of the period up to and including the day of con-

finement, within seven days after parturition;

(b) in respect of the period after confinement, within seven days

after the end of that period:

Provided that if a woman dies during the said periods payment shall

Prohibition on serv-

ing notice of dis-

missal during ab-

sence.

Payments to

include holidays.

CAP. 44.

20 of 1964.

6 of 1979.

Payment of

maternity

benefits.

6 of 1979.

CAP. 44.

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only be made up to and including the day of her death.

181. Any person who acts in contravention of or fails to comply with any of

the provisions of this Part commits an offence.

PART XVII

Domestic Servants

182. The Minister may from time to time make regulations applying all or

any of the provisions of this Act to domestic servants and may make regulations

not inconsistent with any of the provisions of this Act, to provide generally for

the engagement, repatriation and working conditions of domestic servants.

PART XVIII

Severance Pay Provisions

183.-(1) Where a worker who has been continuously employed by any em-

ployer for a period of ten years or more retires on or after attaining the age of

sixty years or on medical grounds he shall be paid a severance pay of one

week’s wages in respect of each year of service.

(2) Notwithstanding sections 40 and 44, where the employment of

a worker who has been continuously employed for a period of five years or

more is terminated on grounds of redundancy the worker shall be paid by such

employer a severance pay of one week’s wages in respect of each year of

service:

Provided that the maximum severance pay shall be limited to forty-two

weeks wages.

(3) For the purposes of subsection (2), an employment shall be

deemed to have been terminated on grounds of redundancy if the worker’s

Offence under

this Part.

Application to

domestic

servants.

40 of 1963.

Severance pay

to be paid.

4 of 1979.

10 of 1995.

contract is terminated by the employer for any reason which does not amount

to dismissal in accordance with section 46 (2).

(4) Subsection (2) shall apply where-

(a) a worker abandons the service of an employer and shows

good and sufficient cause for such abandonment of service;

or

(b) the contract is for a definite period and the employment is ter-

minated on the expiration of such period and the contract ei-

ther makes no provision for or makes less favourable provi-

sion for severance pay.

(5) A worker with a minimum of ten years’ continuous service

who resigns his employment shall be eligible for a gratuity equal to severance

pay computed in accordance with the foregoing provisions of this section.

184. A worker whose employment is of a casual nature but who

has worked for an aggregate of one hundred and eighty days within any calen-

dar year for at least the continuous period specified in section 183 (1) and (2)

with the same employer, shall be deemed to be continuously employed for the

purpose of this Part.

185. For the purposes of section 183 the weekly wages of a worker shall

be-

(a) where the worker is paid by the month or the week the total

basic wages earned for a continuous period of twelve months

immediately preceding the date of termination divided by fifty-

two;

(b) where the worker is paid by the day or hour, the average

basic weekly earnings paid by the employer within the cat-

Meaning of the

expression

“continuously

employed.”

4 of 1979.

Calculation of

weekly wages.

4 of 1979.

10 of 1995.

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egory at the date of termination;

(c) where the worker is paid by the unit of work, or by a share in

the profits, or by a commission on the sales or payments made

or received by the employer, the average weekly earnings of

the worker during the three months immediately preceding the

date on which the termination takes place.

186.-(1) A worker who seeks to terminate his employment on medical grounds

shall serve his employer with a notice in writing to that effect supported with a

medical certificate issued by a registered medical practitioner.

(2) If an employer, on whom a notice in writing of termination on

medical grounds is served, fails within twenty-one days to come to agreement

as to the worker’s condition of fitness for employment the matter shall be de-

termined, on application being made by the worker or employer, by a Medical

Board appointed by the Minister.

187. The Minister shall appoint a Medical Board which shall consist of such

number of medical practitioners as the Minister thinks fit and may revoke signed,

charged or attached nor shall any claim be set off against it.

188. If a worker who was qualified for payment under section 183 dies

while still in the employment of an employer, the employer shall, within one

month from the date of death, deposit any payment due under this Part with the

Registrar General to the account of the estate of the deceased worker. Where

any employer fails to do so, the Commissioner shall recover the amount due in

a civil suit and pay it to the Registrar General to be credited to the account of

the estate of the deceased worker.

189.-(1) Every employer other than an employer referred to in section 188

who is liable to make payment under this Part shall, unless such payment has

been made to the satisfaction of the worker concerned, within one month of the

termination of the services of the worker, deposit with the Commissioner the

Termination on

medical grounds.

4 of 1979.

Medical Board.

4 of 1979.

Payment in case

of death of

worker.

4 of 1979.

Payment in other

cases.

4 of 1979.

severance pay due to such worker, or shall enter into a bond with sufficient

sureties in such sum as may be fixed by the Commissioner to ensure the pay-

ment of any amount due under section 183.

(2) Every such bond shall be made in favour of the Commissioner

and deposited with the Registrar General.

(3) The Commissioner shall upon any employer failing to pay any

sum due under section 183 enforce the bond in relation thereto.

190. Any agreement between an employer and the worker which purports

to exclude the operation of any of the provisions of this Part shall be null and

void.

191. The Minister may, by regulations, determine the for m of and the terms

and conditions to be included in a bond to be entered into by an employer

under section 189 of this Act.

192. No payment due to a worker under this Part shall be capable of being

assigned, charged or attached nor shall any claim be set off against it.

193. Any person who acts in contravention or fails to comply with any of

the provisions of this Part commits an offence and is liable on summary con-

viction to a fine of two hundred and fifty dollars or to six months imprisonment

or to both such fine and term of imprisonment. Where the court hearing the

case convicts any employer for any offence under this Part, it shall in addition

to any punishment it may impose, order the payment of any sum due to the

worker.

194.-(1) A worker, who becomes entitled under any law to a pension, age

benefit, retirement benefit or benefit under a scheme to which his employer is

required to contribute, other than the contributions payable under the Social

Agreement to

exclude any

provisions of this

Part null and void.

4 of 1979.

Regulations.

4 of 1979.

Payment incapable

of being assigned,

etc.

4 of 1979.

Penalty of non-

payment.

4 of 1979.

Contributory retire-

ment schemes.

4 of 1979.

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Labour [CAP. 297

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Security Act and regulations made thereunder, shall nevertheless be entitled, if

he thereafter ceases work in the circumstances set out in section 183, to sever-

ance pay in respect of any period which was served by him prior to his becom-

ing entitled to such pension or benefit and which is not taken into consideration

in ascertaining such pension or benefit.

(2) A worker, who becomes entitled under any law to a pension,

age benefit, retirement benefit or benefit under a scheme to which his employer

is required to contribute, other than the contributions payable under the Social

Security Act and regulations made thereunder, shall nevertheless be entitled,

providing he fulfils any requirement therein contained, to any benefit he would

have been entitled to under any collective agreement or other contract of ser-

vice in respect of any period which was served by him prior to his becoming

entitled to such pension or benefit and which is not taken into consideration in

ascertaining such pension or benefit.

(3) For the avoidance of doubt it is hereby declared that the liabil-

ity of the employer to pay the severance pay arises on the date of the cessation

of work by the employee in the circumstances set out in section 183 or in any

collective agreement or contract of service.

PART XIX

Miscellaneous Provisions

195. The Minister may by regulation prescribe either generally or in respect

of any trade, industry or employment a code of practice which would constitute

fair labour practice and may in the regulations provide for the punishment of or

for other remedies for any violation of any such fair labour practices.

196. Where an employer is charged with a breach of any of the provisions

of this Act or any offence under this Act, 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 the hearing of the

Regulations

regarding fair

labour practices.

4 of 1979.

Employer

exempt where

third party

liable.

7 of 1984.

10 of 1995.

CAP. 44.

10 of 1995.

CAP. 44.

charge, and if, after the commission of the offence has been proved and such

other person has been an opportunity of defending himself, the court is satis-

fied that the employer had used due diligence to comply with the provisions of

this Act, and that the other person had committed the offence in question

without the employer’s knowledge, consent or connivance, such other person

shall be summarily convicted of the offence, and the employer shall be exempt

from any fine.

197. When it is made to appear to the satisfaction of the Commissioner that

the employer had used all due diligence to enforce compliance with the Act,

and that the offence had been committed by another person, and also that it

had been committed without the knowledge, consent or connivance of the

employer, then the Commissioner may proceed against the person whom he

believes to be the actual offender in the first instance without first proceedings

against the employer.

198. No worker shall be required in any proceedings under this Act, or any

regulations made thereunder to prove the authority of any agent of an em-

ployer.

199. Any person who commits an offence against this Act for which no

special penalty is otherwise provided shall be liable on summary conviction to

a fine not exceeding two hundred and fifty dollars or to a period of imprison-

ment not exceeding six months.

Proof of authority

of agent.

General penalty.

Third party may be

directly proceeded

against.