Labour MONTSERRAT
CHAPTER 15.17
LABOUR ACT
Revised Edition showing the law as at 1 January 2002
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
Page
LABOUR ACT 3 Act 5 of 1950 .. in force 1 January 1951
Amended by Acts: 5 of 1954
13 of 1963
27 of 1979
6 of 1989
MONTSERRAT
CHAPTER 15.17
LABOUR ACT
Revised Edition showing the law as at 1 January 2002
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
Page
LABOUR ACT 3 Act 5 of 1950 .. in force 1 January 1951
Amended by Acts: 5 of 1954
13 of 1963
27 of 1979
6 of 1989
Labour CAP. 15.17 3 Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
CHAPTER 15.17
LABOUR ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title 2. Interpretation 3. Appointment 4. Salaries 5. Duties of Labour Commissioner 6. Powers of Labour Commissioner, obstruction, etc. 7. Liability of attorney, agent, etc. 8. Offence by Labour Commissioner and authorised officer 9. Power of Labour Commissioner to issue improvement Orders
10. Regulations 11. Application
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CHAPTER 15.17
LABOUR ACT
(Acts 5 of 1950, 5 of 1954, 13 of 1963, 27 of 1979 and 6 of 1989)
Commencement
[1 January 1951]
Short title
1. This Act may be cited as the Labour Act.
Interpretation
2. In this Act—
“employer” means any person or body of persons, corporate or unincorporate, hiring or employing the labour or service of any workman;
“wages” means any money or other thing had or contracted to be paid, delivered or given as a recompense, reward or remuneration for any
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work or labour done or to be done, whether within a certain time or to a certain amount, or for a time or an amount uncertain;
“workman” means any person who has entered into or works under a contract with an employer whether the contract be by way of manual labour, clerical work or otherwise, be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour.
Appointment
3. (1) It shall be lawful for the Governor to appoint a Labour Commissioner, a Labour Officer and such other officers as may be necessary.
(2) The Labour Commissioner and the Labour Officer appointed under this Act shall be issued with identity cards by the Governor with a photograph of the officer indicating the name and designation of the officer.
(3) Before inspecting any premises or place for the purpose of safeguarding and promoting the general welfare of the workmen, either for the purpose of this Act or for the purpose of any other Act which empowers him to do so, the Labour Commissioner or the Labour Officer shall identify himself by the identity card issued to him by the Governor, unless he considers that such identification is prejudicial and affect the effectiveness of his inspection.
(Substituted by Act 6 of 1989)
Salaries
4. The Labour Commissioner and such officers and clerks as may be appointed shall receive such salaries as may be assigned to them by the Governor with the consent of the Legislative Council.
Duties of Labour Commissioner
5. (1) The Labour Commissioner shall, subject to the provisions of this Act, use his utmost endeavour to safeguard and promote the general welfare of workmen of Montserrat.
(2) Without prejudice to the generality of the foregoing provision he shall—
(a) regularly supervise and review the conditions of the various forms of employment of workmen which exist in Montserrat;
(b) ensure the due performance of such laws as he may from time to time be required to enforce, and may for that purpose institute, or cause to be instituted, any prosecution, and in any prosecution so instituted may be represented by an Officer of his department;
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(c) bring to the notice of the Governor with reasonable speed every matter or thing, including the alleged or suspected breach of any laws, which in his opinion is or is likely to be prejudicial to the welfare of any description or class of workmen or which is causing or is likely to cause disagreement between any such workmen and their employers;
(d) make recommendations to the Governor from time to time as occasion demands for safeguarding and promoting the general welfare of the workmen.
(Amended by Act 13 of 1963)
Powers of Labour Commissioner, obstruction, etc.
6. (1) The Labour Commissioner or any person authorised by him in writing (hereinafter referred to as an “authorised officer”) is empowered and authorised—
(a) to visit and inspect at any reasonable time by day or night any premises in which workmen other than domestic servants are employed, and to require from any employer information as to the number of such workmen employed and the wages, hours and conditions of work of such workmen;
(b) to require by notice in writing from employers, returns giving information as to the number of workmen employed and the wages, hours and conditions of work of such workmen;
(c) to require by a notice in writing from employers, reports giving information as to the causes and circumstances relating to accidents to workmen employed by them, involving loss of life or disability for more than three days;
(d) to inspect in any premises in which workmen other than domestic servants are employed, the state, condition and general treatment of the workmen therein or thereon and the state and condition of their dwelling houses or barracks;
(e) to require from any workman information on all or any of the matters referred to in the foregoing paragraphs of this subsection;
(f) to enquire informally, if the parties so consent, into any complaint which an employer may have to make against any workman or which may be otherwise brought to his notice and to use his good offices and influence to bring about a fair and reasonable settlement of such complaint without recourse being had to legal proceedings;
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(g) to enter at any reasonable time by day any premises which he may have reasonable cause to believe to be liable to inspection;
(h) to take or remove, for purposes of analysis, samples of materials and substances used or handled subject to the employer or his representative being notified of any samples or substances taken or removed for this purpose;
(i) to inspect the certificates of insurance or other contracts of indemnity required by section 24 of the Workmen’s Compensation Act.
(2) The occupier of any premises in which workmen are employed, his agents and servants, shall furnish all means reasonably required by the Labour Commissioner or an authorised officer and necessary for any inspection or enquiry into or in relation to any such premises, and without prejudice to the powers and discretions given to the Labour Commissioner or an authorised officer under subsection (1) of this section, the Labour Commissioner or an authorised officer shall, at least once in each calendar year, and so far as practicable, pay a visit of inspection to all premises on which manual labour is carried on.
(3) Any occupier, agent or servants as aforesaid who refuses or wilfully neglects to furnish such means shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding $500.
(4) Any person who assaults, hinders or obstructs the Labour Commissioner or an authorised officer acting in the execution of his duty under this section shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding three months.
(5) Any employer or workman who, without good and sufficient cause, fails, on being required so to do to furnish to the Labour Commissioner or an authorised officer any of the information or any returns specified in subsection (1), shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding $100.
(6) Any employer or workman who knowingly furnishes or allows to be furnished to the Labour Commissioner or an authorised officer any information or return which is false in any material particular, shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months.
(Substituted by Act 27 of 1979)
Liability of attorney, agent, etc.
7. Where any offence against this Act is proved to have been committed with the consent or connivance of, or to be attributable to any
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reckless neglect of duty on the part of the director, secretary, attorney, agent, foreman, manager or clerk of an employer, such person shall as well as the employer, be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Offence by Labour Commissioner and authorised officer
8. It shall be an offence, punishable on summary conviction by a fine not exceeding $1,000, for the Labour Commissioner or an authorised officer—
(a) to reveal, whether still holding the office of Labour Commissioner or an authorised officer or not, any manufacturing or commercial secret or working process which has come to his notice in the course of his duties; or
(b) to reveal to any person other than as is necessary in the course of his official duties, the source of any complaint bringing to his notice a breach of any legal provisions; or
(c) to reveal to an employer or his representative that a visit of inspection was made as a result of such a complaint.
Power of Labour Commissioner to issue improvement Orders
9. (1) In this section “Tribunal” means the Labour Tribunal established under section 36 of the Employment Act.
(2) Where the Labour Commissioner is of the opinion that the safety or health of any workman or any premises to which the Labour Commissioner has the right of access under section 6(1) of this Act is at hazard, he may serve an improvement order in writing on the employer.
(3) The improvement order shall specify—
(a) the nature of the hazard;
(b) the manner in which the hazard should be dealt with; and
(c) the time allowed for the rectification of the hazard.
(4) If the employer disagrees with the requirements of the improvement order he may appeal to the Tribunal.
(5) Where an employer appeals to the Tribunal under subsection (4) of this section, the Tribunal shall consider the improvement order and issue an Order either confirming, modifying or setting aside the improvement order.
(6) An Order by the Tribunal under subsection (5) of this section shall be deemed to be an Order within the meaning of section 43 of the Employment Act.
(Amended by Act 27 of 1979)
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Regulations
10. The Governor in Council may make regulations prescribing the form in which the information and the returns mentioned in paragraph (b) of subsection (1) of section 6 shall be furnished.
Application
11. This Act shall not apply to persons in the naval, military or air forces of the Crown or in the Police Force, but otherwise shall apply to all workmen.
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