Commission for Unity and Racial Equality (Registration and Returns) Regulations 2000

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/2000/Statutory%20Instruments/Commission%20for%20Unity%20and%20Racial%20Equality%20%28Registration%20and%20Returns%29%20Regulations%202000.pdf

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Commission for Unity and Racial Equality (Registration and Returns) Regulations 2000
COMMISSION FOR UNITY AND RACIAL EQUALITY
(REGISTRATION AND RETURNS) REGULATIONS 2000

1

BR 52/2000

COMMISSION FOR UNITY AND RACIAL EQUALITY ACT 1994

1994 : 47

COMMISSION FOR UNITY AND RACIAL EQUALITY
(REGISTRATION AND RETURNS) REGULATIONS 2000

ARRANGEMENT OF REGULATIONS

1 Citation
2 Interpretation
3 Application for

registration
4 Removal from register
5 Change of employer
6 Alteration of register
7 Annual returns

8 First returns
9 Obtaining information

from employees
10 Retention of records
11 Confidentiality

SCHEDULE
Forms

The Minister of Development and Opportunity, in exercise of the
powers conferred on him by section 9A of the Commission for Unity and
Racial Equality Act 1994, makes the following Regulations:

Citation
1 These Regulations may be cited as the Commission for Unity and
Racial Equality (Registration and Returns) Regulations 2000.

Interpretation
2 (1) In these Regulations—

COMMISSION FOR UNITY AND RACIAL EQUALITY
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"the Act" means the Commission for Unity and Racial
Equality Act 1994, and any reference to a section is a
reference to a section of the Act;

"condition for registration" means the employment of ten or
more employees;

"employee" shall have the meaning assigned by the Act, but
shall not include a student;

"employer" shall have the meaning assigned by the Act;

"form" means a form set out in the Schedule;

"register" means the register maintained under section 6A;

"registered employer" means an employer whose name is on
the register;

"return" means completed Forms 3 and 4;

"student" means a person who is, by virtue of section 1(3) of
the Contributory Pensions Act 1970 (students employed
in vacation etc), deemed not to be an employed person
for the purposes of that Act;

(2) For the purposes of the forms, the categories of employment
listed in column 1 of the Table below correspond with the classifications
listed in column 2, which derive from "The Bermuda Standard
Classification of Occupations" produced by the Statistics Department of
the Ministry of Finance.

Column 1 Column 2

Executive Management - 2.11 General Manager/Managing
Director

Senior Management - 2.12 Manager

Middle Management - 2.13 Sub-Manager

Non-managerial
Professional/Technical - 0/1 Professional, Technical &

Related Workers

Non-Professional/
Technical - 3 Clerical & Related Workers

4 Sales Workers
5 Service Workers

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6 Agricultural/Animal Husbandry
Workers & Fisherman

7/8/9 Production & Related Workers,
Transport Equipment Operators
& Labourers

Application for registration
3 An application for registration under section 6A shall be
submitted in Form 1 to the Commission no later than one month after
the date on which an employer satisfies the condition for registration.

Removal from register
4 (1) A registered employer who no longer satisfies the condition
for registration may make a request in writing to the Commission to have
his name removed from the register, and shall supply such evidence as
the Commission may reasonably require.

(2) The Commission shall, pursuant to a request under
paragraph (1), cancel the employer's registration if satisfied that the
employer has not, at any time during the period of twenty-six weeks
immediately preceding the request, satisfied the condition for
registration.

Change of employer
5 (1) Where the undertaking of a registered employer is
transferred to another person (whether by reason of sale or otherwise),
that person shall submit an application to the Commission in Form 2 for
the entry of his name on the register in place of the registered employer.

(2) An application under this regulation shall be made within
the period of one month beginning with the date on which the person
becomes the employer.

Alteration of register
6 The Commission shall make whatever alterations to the register
may be necessary to reflect the addition or removal of employers
pursuant to regulations 3 to 5.

Annual returns
7 (1) Subject to these Regulations, registered employers shall, in
accordance with section 6C, furnish annual returns to the Commission
containing such information about employees and applicants for
employment as is set out in Forms 3 and 4.

(2) Information in Form 3 shall be information as at 31st
August of each year.

COMMISSION FOR UNITY AND RACIAL EQUALITY
(REGISTRATION AND RETURNS) REGULATIONS 2000

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(3) Information in Form 4 shall relate to the period from 1st
September of one year to 31st August of the following year ("the return
period").

(4) Returns shall be submitted to the Commission no later than
six weeks following the end of the return period.

(5) Where the Commission considers it necessary to do so, it
may direct an employer to submit separate returns in relation to different
aspects of his undertaking (including, in particular, different companies,
locations or types of business) and an employer shall comply with such a
direction.

(6) The Commission may, by notice published in the Gazette,
determine that employers need not submit returns for any particular
return period.

First returns
8 (1) The information about employees which an employer
submits in Form 3 of his first return under these Regulations shall be
information as at—

(a) 31st August 2000, in the case of an employer who
satisfied the condition for registration immediately before
21st January 2000; and

(b) the date of registration, in any other case;

and shall be submitted to the Commission no later than six weeks after
the date in question.

(2) The information which an employer submits in Form 4 of
his first return under these Regulations shall relate to the period—

(a) 1st September 2000 to 31st August 2001, in the case of
an employer falling within paragraph (1)(a); and

(b) from the date of registration to the following 31st
August, in any other case;

and shall be submitted to the Commission no later than six weeks after
the end of the period in question.

Obtaining information from employees and applicants
9 (1) Employers shall use Forms 5 and 6 to obtain information
from their employees and applicants for employment for the purposes of
section 6C.

(2) Where an employee or applicant for employment refuses to
answer question 2 of the relevant form (racial group), the employer shall

COMMISSION FOR UNITY AND RACIAL EQUALITY
(REGISTRATION AND RETURNS) REGULATIONS 2000

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make a determination accordingly, and shall state in the annual return
that such a determination has been made.

Retention of records
10 An employer shall maintain records of all information obtained
by him under these Regulations—

(a) about every employee, until the expiration of three years
from the date on which the employee ceases to be
employed by him; and

(b) about every applicant for employment, until the
expiration of one year from the date of that person's
application.

Confidentiality
11 Section 8 (secrecy) shall apply to persons obtaining information
for the purposes of the Act or of these Regulations as it applies to
members, officers and servants of the Commission.

SCHEDULE

FORM NO. 1
APPLICATION FOR REGISTRATION OF EMPLOYER

1. Provide the following information:
Name of employer ..............................................................................
Name of business ...............................................................................
Name and job title of contact person ..................................................
Mailing address..................................................................................
Telephone number.............................Fax number .............................
E-mail address...................................................................................

2. What is the primary nature of your business? ....................................

..........................................................................................................

3. Total number of employees.................................................................

DECLARATION

I,...........................................(name of employer/authorised signing
officer) apply for registration of................................................ (employer)
in accordance with the Commission for Unity and Racial Equality Act

COMMISSION FOR UNITY AND RACIAL EQUALITY
(REGISTRATION AND RETURNS) REGULATIONS 2000

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1994 and the Regulations made under that Act. I declare that the
information submitted in this form is true to the best of my knowledge
and belief.

Signed................................................ Date..............................................

Name (please print)..........................................................................................

Title/position ...........................................................................................

FORM NO. 2
APPLICATION FOR REGISTRATION

ON CHANGE OF EMPLOYER
1. Provide the following information about the registered employer:

Registration number ..........................................................................
Name of registered employer ..............................................................

2. The effective date of the change of employer is....................................

3. Provide the following information about the new employer:
Name of employer ..............................................................................
Name of business ...............................................................................
Name and job title of contact person ..................................................
Mailing address..................................................................................
Telephone number.............................Fax number .............................
E-mail address...................................................................................

4. What is the primary nature of your business? ....................................

..........................................................................................................

5. Total number of employees.................................................................

DECLARATION

I,...........................................(name of new employer/authorised signing
officer) apply for registration of...................................................... (new
employer) in accordance with the Commission for Unity and Racial
Equality Act 1994 and the Regulations made under that Act. I declare
that the information submitted in this form is true to the best of my
knowledge and belief.

Signed................................................Date...............................................

COMMISSION FOR UNITY AND RACIAL EQUALITY
(REGISTRATION AND RETURNS) REGULATIONS 2000

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Name (please print)..........................................................................................

Title/position ...........................................................................................

FORM NO. 3
ANNUAL RETURN

RACIAL COMPOSITION OF WORKFORCE

CURE Registration number ......................................................................
Date at which information is given ...........................................................

1. Total number of employees ..........................................................

2. Specify the number of employees who fall within each of the
following racial groups according to information provided by the
employee or, where necessary, according to a determination made under
regulation 9(2):

Black White Asian Black &
White

Black &
Other

White
&
Other

Other

Information

Determination

TOTAL

3. Complete the following tables so as to indicate the number of
employees falling within the different racial groups—

(a) by reference to their employment level:

EMPLOYMENT
LEVEL

Black White Asian Black
&
White

Black
&
Other

White
&
Other

Other Total

Executive
Management
Senior
Management
Middle
Management
Non-
managerial
Professional/
Technical
Non-
Professional

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(b) by reference to their gross annual income:

GROSS ANNUAL
INCOME IN $

Black White Asian Black
&
White

Black
&
Other

White
&
Other

Other Total

15,000 or less

15,001 - 25,000

25,001 - 35,000

35,001 - 45,000

45,001 - 55,000

55,001 - 65,000

65,001 - 75,000

75,001 - 100,000

100,001 -125,000

125,001 -150,000

150,001 -175,000

175,001- 200,000

Over 200,000

(c) by reference to their receipt of benefits:

BENEFITS Black White Asian Black
&
White

Black
&
Other

White
&
Other

Other Total

Annual bonus

Car allowance

Housing
allowance
Mortgage
subsidy
Stock options

Travel
allowance
Other (specify
below)

DECLARATION

I,...........................................(name of employer/authorised signing
officer) submit this information in accordance with the Commission for
Unity and Racial Equality Act 1994 and the Regulations made under

COMMISSION FOR UNITY AND RACIAL EQUALITY
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that Act and I declare that it is true to the best of my knowledge and
belief.

Signed................................................ Date..............................................

Name (please print)..........................................................................................

Title/position ...........................................................................................

FORM NO. 4
ANNUAL RETURN

REVIEW OF WORKFORCE FLOW

CURE Registration number ......................................................................

This return is submitted for the review period...........................................

A - RECRUITMENT

1. Specify, by reference to the following racial groups, the number
of persons who were interviewed or appointed in respect of the following
categories of employment during the review period, where the jobs were
advertised externally:

Black White Asian Black
&

White

Black
&

Other

White
&

Other

Other Total

Executive Management

Interviewed

Appointed

Senior Management

Interviewed

Appointed

Middle Management

Interviewed

Appointed

Non-managerial
Professional/Technical

Interviewed

Appointed

Non-professional

Interviewed

COMMISSION FOR UNITY AND RACIAL EQUALITY
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Appointed

B - PROMOTIONS

2. Specify, by reference to the following racial groups, the number
of employees who were shortlisted for promotion or promoted during the
review period:

Black White Asian Black
&

White

Black
&

Other

White
&

Other

Other Total

Executive Management

Shortlisted

Promoted

Senior Management

Shortlisted

Promoted

Middle Management

Shortlisted

Promoted

Non-managerial
Professional/Technical

Shortlisted

Promoted

Non-professional

Shortlisted

Promoted

C - FORMER EMPLOYEES

3. Specify, by reference to the following racial groups, the number
of persons who ceased to be employed during the review period and the
reason for their leaving:

Black White Asian Black
&

White

Black
&

Other

White
&

Other

Other Total

Executive Management

Voluntary

Retired/Died

Redundant

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Dismissed

Non-renewal of
work permit

Senior Management

Voluntary

Retired/Died

Redundant

Dismissed

Non-renewal of
work permit

Middle Management

Voluntary

Retired/Died

Redundant

Dismissed

Non-renewal of
work permit

Non-managerial
Professional/Technical

Voluntary

Retired/Died

Redundant

Dismissed

Non-renewal
of work permit

Non-professional

Voluntary

Retired/Died

Redundant

Dismissed

Non-renewal
of work permit

TOTAL

4. In relation to all employees who have left during the review
period, please rank the following five reasons for leaving (i.e. most
common reason number as 1, second most common as 2 etc):

Voluntary Retired/
Died

Redundant Dismissed Non-renewal
of work
permit

DECLARATION

COMMISSION FOR UNITY AND RACIAL EQUALITY
(REGISTRATION AND RETURNS) REGULATIONS 2000

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I,...........................................(name of employer/authorised signing
officer) submit this information in accordance with the Commission for
Unity and Racial Equality Act 1994 and the Regulations made under
that Act and I declare that it is true to the best of my knowledge and
belief.

Signed................................................ Date..............................................

Name (please print)..........................................................................................

Title/position ...........................................................................................

FORM NO. 5
INFORMATION TO BE PROVIDED BY EMPLOYEES

1. Full name.............................................................................................

2. Which of the following best describes you? (tick one)

Black White Asian Black
&
White

Black
&
Other

White
&
Other

Other

Signed............................................ Dated................................................

FORM NO. 6
INFORMATION TO BE PROVIDED BY

APPLICANTS FOR EMPLOYMENT

1. Full name.............................................................................................

2. Which of the following best describes you? (tick one)

Black White Asian Black
&
White

Black
&
Other

White
&
Other

Other

Signed............................................ Dated................................................

COMMISSION FOR UNITY AND RACIAL EQUALITY
(REGISTRATION AND RETURNS) REGULATIONS 2000

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Made this 28th day of July, 2000

Minister of Development and Opportunity