Employment Act


Published: 2002-01-01

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Employment Act
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CHAPTER 321A

EMPLOYMENT

LIST OF AUTHORISED PAGES

1 – 37 LRO 1/2006


ARRANGEMENT OF SECTIONS
PART I

PRELIMINARY

SECTION
1. Short title.
2. Interpretation.
3. Application of Act.
4. Saving of more favourable terms of employment.
5. Conditions of employment.
6. Non-discrimination and equal pay for equal work.
7. Disabled employees.

PART II
STANDARD HOURS OF WORK


8. Standard hours.
9. Day off.
10. Overtime pay.

PART III
SICK LEAVE


11. Sick leave.

PART IV
VACATION LEAVE


12. Annual vacation.
13. Vacation pay.
14. Commencement of vacation with pay.
15. Termination of employment during year.

PART V
MATERNITY AND FAMILY LEAVE


16. Definitions for Part V.
17. Grant of maternity leave.

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18. Duration of maternity leave.
19. Additional leave.
20. Family leave.
21. Protection of employment.
22. Protection of seniority.
23. Contravention of sections 21 and 22.
24. Power to order payment.
25. Application.

PART VI
REDUNDANCY PAYMENTS


26. Right to redundancy payment.
27. Meaning of redundancy.
28. Recovery of redundancy payments.

PART VII
TERMINATION OF EMPLOYMENT WITH

NOTICE

29. Period of notice.
30. Provisions as to notices.

PART VIII
SUMMARY DISMISSAL


31. Summary dismissal.
32. Grounds for summary dismissal.
33. Proof of misconduct.

PART IX
UNFAIR DISMISSAL


34. Right of employee.
35. Fairness of dismissal.
36. Dismissal relating to trade union membership.
37. Dismissal on ground of redundancy.
38. Dismissal on ground of pregnancy.
39. Dismissal of replacement employee.
40. Dismissal in connection with a lock-out, strike or other industrial action.
41. Complaint.
42. Remedies for unfair dismissal.
43. Order for reinstatement or re-engagement.
44. Enforcement of order made under section 43 and compensation award.
45. Compensation for unfair dismissal.

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46. Calculation of basic award.
47. Calculation of compensatory awards.
48. Limit on compensation.

PART X
CHILDREN AND YOUNG PERSONS


49. Definitions for Part X.
50. Prohibition of employment of a child.
51. Prohibition of employment during school hours.
52. Penalty for employment.
53. Liability of agent or employer.
54. False certificate or representation as to age.
55. Presumption of age.
56. Prohibition of employment on ships.
57. General prohibition of night work.
58. Exceptional circumstances.
59. Conditions in respect of young persons.

PART XI
WAGES


60. Wages to be paid in the currency of The Bahamas.
61. Register of wages.
62. Order for goods as a deduction from wages illegal.
63. Requirements relating to payment of wages.
64. Restrictions on deductions from wages of employees.
65. No contracts with employees as to spending wages at any particular shop, etc.
66. Penalty.

PART XII
FINGERPRINTING AND LIE DETECTOR TEST


67. Prohibition.
68. Exception.
69. Offence.
70. Return of records.

PART XIII
GENERAL PROVISIONS


71. Information and returns.
72. Change of ownership of business.
73. Pay statements.

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74. Notice to furnish information.
75. Offences.
76. Additional powers of convicting court.
77. Savings.
78. Annual report.
79. Regulations.
80. Repeals and amendments.

FIRST SCHEDULE — Employment of Children.

SECOND SCHEDULE — Employment of Young Persons in Night
Work.

THIRD SCHEDULE — Repeals.


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CHAPTER 321A

EMPLOYMENT
An Act to establish minimum standard hours of

working and vacation with pay for employees; to
provide for the grant of maternity and family leave; to
provide for redundancy payments to employees; to
make provisions relating to notices to terminate
contracts of employment; to make provisions relating to
summary dismissal and unfair dismissal; to make
provisions in respect of the employment of children and
young persons; to make provisions in respect of the
wages of employees; to make provisions relating to
fingerprinting and lie detector tests; and for connected
purposes.

[Assent 31st December, 2001]
[Commencement 1st January, 2002]

PART I
PRELIMINARY

1. This Act may be cited as the Employment Act.
2. (1) In this Act —
“basic pay” means the rate of pay of an employee

exclusive of all bonuses, overtime payments
and allowances;

“business” includes a trade or profession and any
activity carried on by a body of persons,
whether corporate or unincorporate;

“contract of employment” means a contract of
service or apprenticeship, whether express or
implied, and (if it is express) whether it is oral
or in writing;

“day” means a period of twenty-four hours;
“employee” means any person who has entered into

or works under (or, in the case of a contract
which has been terminated, worked under) a
contract of employment, whether the contract is
for manual labour, clerical work or otherwise
and whether it is a contract of service or

27 of 2001
S.I. 96/2003



Short title.

Interpretation.

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apprenticeship, and any reference to
employment shall be construed accordingly;

“employer”, in relation to an employee, means any
person or undertaking, corporation, company,
public authority or body of persons including —
(a) the owner of a business in which the

employee is employed:
(b) any managing agent of an employer;
(c) in relation to a person engaged in plying

for hire with any vehicle or vessel the use
of which is obtained from the owner
thereof under a contract of bailment (other
than a hire-purchase agreement), the said
owner;

(d) in relation to a person employed for the
purposes of any game or recreation and
engaged or paid through a club, the
manager, or, where the club is managed by
a committee, the members of the managing
committee, of the club,

who or which employs any person to work
under a contract of employment or uses the
services of a commission agent or contract
worker; and includes the heirs, successors and
assigns of an employer;

“Minister” means the Minister responsible for La-
bour;

“redundancy” has the meaning assigned thereto by
section 27;

“regulations” means regulations made under this Act
and in the manner provided by this Act;

“remuneration” includes wages, benefits in kind and
allowances;

“standard hours of work” means the hours of work
described in subsection (1) of section 8;

“the Tribunal” means the Industrial Tribunal estab-
lished under the Industrial Relations Act;

“wages” includes every form of remuneration for
work performed, but does not include tips,
bonuses, or other gratuities;

Ch. 321

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“week” means a period of seven days;
“work” means work in the course of employment;
“year” means a period of fifty-two weeks.
(2) For the purposes of this Act, any two or more

employers are to be treated as associated if they are
“affiliated” as defined in section 2 of the Companies Act.

3. (1) Subject to this Act, the provisions of this Act
shall apply in relation to any employee employed in any
form of employment in The Bahamas including any such
employment by or under the Crown in right of the
Government of The Bahamas or by a local government
authority or by any body corporate established by law for
public purposes:

Provided that this Act shall not apply to service or
employment, or to persons serving or employed, in a
disciplined force and for this purpose “disciplined force”
has the meaning given to that expression in paragraph (1)
of Article 31 of the Constitution.

(2) The Minister may by Order after consultation
with a confederation, being, in the opinion of the Minister,
a confederation representative of a majority of employers
and associations of employers generally and after
consultation with an association of registered trade unions
being an association in the opinion of the Minister
representative of employees provide that any provision of
this Act as are mentioned in the Order shall or shall not
apply in relation to persons or employments of such classes
as may be specified in the Order subject to such exceptions
or modifications as may be so specified.

4. The provisions of this Act shall have effect
notwithstanding any other law and notwithstanding any
contract of employment, arrangement or custom (being a
contract of employment, arrangement or custom made or in
being whether before or after the commencement of this
Act) so, however, that nothing in this Act shall be
construed as limiting or restricting —

(a) any greater rights or better benefits of any
employee under any law, contract of employ-
ment, arrangement or custom;

(b) the right of any employee or trade union to
negotiate on behalf of any such employee, any
greater rights or better benefit; or




Ch. 308.

Application of
Act.

Saving of more
favourable terms
of employment.

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(c) an employer from conferring upon any employee
rights or benefits, that are more favourable to an
employee than the rights or benefits conferred by
this Act.

5. (1) A person employed after the commencement
of this Act shall be informed by his employer as soon as
practicable of the following particulars —

(a) the name of the employer or group of employers
and where practicable of the undertaking and of
the place of employment;

(b) the name of the employee, the place of
engagement and where practicable the place of
origin of the employee, and any other particulars
necessary for his identification;

(c) the nature of the employment;
(d) where a person is engaged for a fixed period or

in appropriate circumstances, the duration of the
employment and the method of calculating the
duration;

(e) the rate of wages and other benefits and method
of calculation thereof, the manner and period of
payment of wages and other benefits, the
advances of wages and other benefits, if any,
and the manner of repayment of any such
advances;

(f) where any work is to be performed not by the
piece but by time, the number of hours of daily
work, and the hours of the day at which such
work is to commence and to terminate.

6. No employer or person acting on behalf of an
employer shall discriminate against an employee or
applicant for employment on the basis of race, creed, sex,
marital status, political opinion, age or HIV/Aids by —

(a) refusing to offer employment to an applicant for
employment or not affording the employee access
to opportunities for promotion, training or other
benefits, or by dismissing or subjecting the
employee to other detriment solely because of his
or her race, creed, sex, marital status, political
opinion, age or HIV/Aids;

(b) paying him at a rate of pay less than the rate of
pay of another employee, for substantially the
same kind of work or for work of equal value
performed in the same establishment, the

Conditions of
employment.

Non-
discrimination
and equal pay for
equal work.

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performance of which requires substantially the
same skill, effort and responsibility and which is
performed under similar working conditions
except where such payment is made pursuant to
seniority, merit, earnings by quantity or quality
of production or a differential based on any
factor other than race, creed, sex, marital status,
political opinion, age or HIV/Aids;

(c) pre-screening for HIV status:
Provided that this section does not affect any other

law or contract term which stipulates a retirement age.
7. Section 6 shall apply mutatis mutandis to disabled

employees unless the employer can show that the job
requirements relied on as grounds for hiring the disabled
person at a lesser rate of pay are reasonable or the disabled
person cannot be accommodated without undue hardship.

PART II
STANDARD HOURS OF WORK

8. (1) Except as otherwise provided by or under
this Act, no employer shall cause or permit any employee
to work in excess of eight hours in any day or forty hours
in any week (in this Part referred to as the “standard hours
of work”) without the payment of overtime pay in respect
of any such excess in accordance with section 10:

Provided that the standard hours of work shall be —
(a) forty-four hours in any week for the period

February 1, 2002 to February 1, 2003;
(b) forty hours in any week after February 1, 2003.
(2) Notwithstanding subsection (1), where by reason

of the nature of any employment the hours of any
employee for the purposes of such employment are
required to be irregular, the standard hours of work in a
day or week of any such employee may be calculated as an
average over a period not exceeding four weeks.

(3) Notwithstanding subsection (1), in any
industrial, construction, manufacturing or transshipment
enterprise or in any essential service within the meaning of
section 72(2) of the Industrial Relations Act or law
enforcement service the hours of employment of an
employee for the purposes of such employment may
exceed the standard hours of work in a day up to a
maximum of twelve hours and the Minister may by Order

Disabled
employees.

Standard hours.

Ch. 321.

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include other enterprises or services within this subsection
as he deems fit.

(4) This section shall not apply to a person who
holds a supervisory or managerial position.

9. In every seven-day period, an employer shall
allow each employee at least forty-eight hours of rest with
not less than twenty-four of such hours being consecutive
and a period of twenty-four hours rest is in this Act
referred to as a day off.

10. Where an employee is required or permitted to
work in excess of the standard hours of work, he shall be paid
in respect of such work at a rate of wages not less than —

(a) in the case of overtime work performed on any
public holiday or day off, twice his regular rate
of wages;

(b) in any other case, one and one-half times his
regular rate of wages:
Provided that an employee in a tipped category
in the tourism and hospitality industry shall be
paid at his regular rate of pay other than in
respect of his second day off in any week,

and any wages paid or to be paid as required by this section
are in this Act referred to as overtime pay.

PART III
SICK LEAVE

11. (1) An employee who has been employed for at
least six months is entitled to one week sick leave with pay
in any year where he is prevented by illness from
performing his duties at his place of work:

Provided that no employee shall be entitled to receive
payment in respect of periods of sick leave which is only
one day long nor to accumulate such leave from year to
year.

(2) Every employee shall be required to produce to
his employer a medical certificate except in respect of the
first day’s sick leave for any period of sick leave:

Provided that notwithstanding the proviso in
subsection (1) an employee shall be entitled to receive
payment in respect of the first day’s sick leave where he
presents a medical certificate to his employer.

Day off.

Overtime pay.

Sick leave.

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(3) An employer may, on processing a claim for
sick leave by an employee, require such employee to be
examined by an independent physician and may refuse
such leave if the physician is of the opinion that the
employee is fit for work.

PART IV
VACATION LEAVE

12. (1) Every employer shall give a vacation of at
least two weeks to each employee upon the completion of
each twelve months of employment.

(2) The vacation given under subsection (1) shall be
extended by one day for every public holiday that occurs
during the vacation.

13. (1) An employer shall pay vacation pay to an
employee entitled to a vacation under section 12.

(2) The vacation pay —
(a) in respect of an employee who has been

employed for six months or more but under one
year, shall be one week basic pay earned by the
employee during the year of employment in
respect of which he is entitled to the vacation;

(b) in respect of an employee who has been
employed for one year or more but under seven
years, shall be two weeks basic pay earned by
the employee during the year of employment in
respect of which he is entitled to the vacation;

(c) in respect of an employee who has been
employed for seven years or more shall be three
weeks basic pay earned by the employee during
the year of employment in respect of which he is
entitled to the vacation.

14. The employer shall at least one day before the
beginning of the vacation, or such earlier time as may be
prescribed, pay to the employee the vacation pay to which
he is entitled in respect of that vacation.

15. (1) Where the employment of any employee
ends before the completion of a year of employment, the
employer shall forthwith pay to the employee —

(a) vacation pay then owing to such employee under
this Part in respect of any completed year of
such employment; and

Annual vacation.

Vacation pay.

Commencement
of vacation with
pay.

Termination of
employment
during year.

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(b) subject to subsection (2), on a pro rata basis of
the basic pay earned by the employee during the
incompleted year.

(2) Notwithstanding paragraph (b) of subsection (1),
an employer is not required to pay to an employee any
amount under that paragraph unless the employee has been
continuously employed by him for a period of ninety days
or more.

PART V
MATERNITY AND FAMILY LEAVE

16. In this Part —
“confinement” means labour resulting in the issue of

a living child or labour after twenty-four weeks
of pregnancy resulting in the issue of a child
whether alive or dead;

“family leave” means a leave of absence under
section 20.

“female employee” means any female employed for
remuneration under a contract of employment;

“maternity leave” means leave granted to a female
employee arising from or in contemplation of
her confinement and includes additional leave
granted under section 19;

“midwife” means a person who is registered as a
midwife under the Nurses and Midwives Act;

“parent” includes a person with whom a child is
placed for adoption or a person who is in a
relationship of some permanence with a parent
of a child and who intends to treat the child as
his or her own.

17. (1) Every female employee is, in addition to her
annual holiday arising under this Act or under any other
law or agreement pertaining to the conditions of her
employment, entitled to maternity leave upon delivering to
her employer —

(a) a certificate issued by a medical practitioner
setting forth the expected date of her
confinement; or

(b) a certificate issued by a medical practitioner or a
midwife setting forth the actual date of her
confinement,

Definitions for
Part V.

Ch. 225.

Grant of
maternity leave.

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and without prejudice to section 4 in addition to the grant
of maternity leave the payment to her by the employer
during such leave once in every three years of a minimum
sum equivalent to thirty-three and one-third per cent of that
portion of her wages which does not exceed the National
Insurance ceiling on insurable wage:

Provided that where the employee is not entitled to
any benefit under the National Insurance Act during such
leave by reason of the neglect of or conduct on the part of
her employer the minimum sum payable under this
subsection shall be equivalent to the aggregate of the
amount of benefit which would have been payable to her
under that Act and the foregoing provisions of this
subsection but for such neglect or conduct.

(2) Where an employee by reason of geographical
or other circumstances beyond her control is unable to
produce such certificates as are mentioned in subsection
(1) an employer shall accept such other evidence as is
produced by her in reasonable proof of her entitlement to
maternity leave.

(3) A female employee —
(a) must in order to qualify for a grant of maternity

leave, be employed for at least twelve months by
the employer from whom she requests such
leave; and

(b) is not entitled to maternity pay by the same
employer more than once in every three years.

18. (1) Except where an employee otherwise desires,
maternity leave shall be for a period of not less than twelve
weeks and shall be so arranged that the employee is
allowed —

(a) such period, not less than one week, as she
desires before the expected date of confinement;
and

(b) a period of not less than eight weeks from the
date of confinement.

(2) Where —
(a) a confinement takes place without an employee

having been granted maternity leave; or
(b) the period of maternity leave before her confine-

ment amounts to less than four weeks,

Ch. 350.

Duration of
maternity leave.

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the period of leave after confinement shall, if the employee
so desires, be extended so that the total period of leave
does not amount to less than twelve weeks.

(3) Where an employee has been granted maternity
leave and the date of confinement is a later date than the
date stated in the certificate issued pursuant to subsection
(1) of section 17 as being the date on which confinement
was expected, her maternity leave shall be extended to
include the period that elapsed between those dates.

(4) Where an employee has been granted maternity
leave and the employee dies during such leave, the
guardian of the child shall be entitled to any unpaid
maternity benefits due to the mother from her employer
and the National Insurance Board.

19. An employee who, after confinement, suffers any
illness arising out of such confinement shall be granted, in
addition to the maternity leave to which she is entitled
under section 17, such additional unpaid leave not
exceeding six weeks as a medical practitioner recommends.

20. (1) An employee who has been employed for at
least six months is entitled to family leave without pay for
a period not exceeding one week per annum following —

(a) the birth of a child; or
(b) the death or illness of a child, spouse or parent.
(2) Every employee shall be required to provide to

the satisfaction of his employer evidence of birth, death or
illness, as the case may be.

21. (1) Subject to subsection (2), no employer shall —
(a) dismiss or give notice of dismissal to a female

employee at any time between the date of her
delivery to him of a medical certificate under
section 17 and the date of the expiration of her
maternity leave or additional leave granted
under section 19;

(b) give notice of dismissal to an employee so that it
would expire during her maternity leave or
additional leave granted under section 19 or
dismiss her during such leave;

(c) dismiss an employee or require an employee to
resign on the ground that she is pregnant; or

Additional leave.

Family leave.

Protection of
employment.

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(d) require an employee to resign during any of the
times referred to in paragraph (a) or (b) and
which paragraphs then apply to that employee.

(2) Subsection (1) does not apply where —
(a) there has been serious default, or gross negli-

gence amounting to abandonment of duty, on the
part of the female employee; or

(b) there has been an express contract of service for
a fixed term between an employer and the
female employee which has expired.

(3) Subject to subsection (2), it shall be presumed for
the purposes of any proceedings unless the contrary is
shown that the dismissal of a female employee, who was at
the time of her dismissal not less than six months in her
pregnancy, was in breach of subsection (1)(c) or (d).

22. Where a female employee has been granted
maternity leave she is, on her resumption of work after
such leave, entitled to —

(a) her seniority rights;
(b) reinstatement in her former position or equiva-

lent position,
and she shall not by reason only of the fact that she went
on maternity leave, be paid a smaller remuneration than
she received before she went on maternity leave.

23. Any employer who contravenes or fails to
comply with any of the provisions of section 21 or 22 shall
be liable to a fine of five thousand dollars.

24. An employer may in addition to the fine
imposed on him be liable to pay to the female employee
any payment due to such employee under this Act.

25. Sections 21 to 24 shall apply mutatis mutandis
to family leave.

PART VI
REDUNDANCY PAYMENTS

26. (1) Where an employee who has been continuously
employed for one year or more is dismissed by his
employer because of redundancy, his employer is, subject
to the provisions of this Part, liable to pay to him a sum (in
this Act referred to as a “redundancy payment” or
“redundancy pay”) calculated in accordance with subsec-
tion (2).

Protection of
seniority.

Contravention of
sections 21 and
22.

Power to order
payment.

Application.

Right to
redundancy
payment.

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(2) Subject to subsection (3), the amount of the
redundancy payment shall be calculated by reference to the
date of the employee’s redundancy by starting on that date
and reckoning backwards the number of complete years of
employment and allowing —

(a) where the employee has been employed for
twelve months or more —
(i) two weeks’ notice or two weeks’ basic pay

in lieu of notice; and
(ii) two weeks’ basic pay (or a part thereof on a

pro rata basis) for each year up to twenty-
four weeks;

(b) where the employee holds a supervisory or
managerial position —
(i) one month’s notice or one month’ s basic

pay in lieu of notice; and
(ii) one month’s basic pay (or a part thereof on

a pro rata basis) for each year up to forty-
eight weeks.

(3) Notwithstanding subsection (1), the employer
shall have the right to appropriate any monies owing to
him by the employee from any monies payable under
subsection (1).

(4) Where an employer provides a gratuity or non-
contributory pension for an employee, the employee is not
entitled to both redundancy pay and the gratuity or non-
contributory pension but the employee shall select the one
which he prefers.

27. For the purposes of this Part, an employee shall
be deemed to be dismissed because of redundancy if his
dismissal is wholly or mainly attributable to —

(a) the fact that his employer has ceased, or intends
to cease, to carry on the business for the
purposes of which the employee was employed
by him, or has ceased, or intends to cease, to
carry on that business in the place where the
employee was so employed; or

(b) the fact that the requirements of that business for
employees to carry out work of a particular kind,
or for employees to carry out work of a
particular kind in the place where he was so
employed, have ceased or diminished or are
expected to cease or diminish:

Meaning of
redundancy.

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Provided that an employee shall not be deemed to be
dismissed because of redundancy where such employee is
required to carry out work for a fixed term of less than two
years in respect of a specific construction project and such
term has come to an end.

28. (1) Payment of redundancy pay shall be made on
or before the date of the employee’s redundancy.

(2) A redundancy payment may be recovered as a
debt due to the employee in proceedings before the
Tribunal.

(3) A redundancy payment shall be a preferred debt
in all cases involving bankruptcy or liquidation.

PART VII
TERMINATION OF EMPLOYMENT WITH

NOTICE
29. (1) For the purposes of this Act, the minimum

period of notice required to be given by an employer to
terminate the contract of employment of an employee shall
be —

(a) where the employee has been employed for six
months or more but less than twelve months —
(i) one week’s notice or one week’s basic pay

in lieu of notice; and
(ii) one week’s basic pay (or a part thereof on a

pro rata basis) for the said period between
six months and twelve months;

(b) where the employee has been employed for
twelve months or more —
(i) two weeks’ notice or two weeks’ basic pay

in lieu of notice; and
(ii) two weeks’ basic pay (or a part thereof on a

pro rata basis) for each year up to twenty-
four weeks;

(c) where the employee holds a supervisory or
managerial position —
(i) one month’s notice or one month’s basic

pay in lieu of notice; and
(ii) one month’s basic pay (or a part thereof on

a pro rata basis) for each year up to forty-
eight weeks.

Recovery of
redundancy
payments.

Period of notice.

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(2) An employee shall not terminate his employment
until after the expiry of —

(a) two week’s notice to the employer if the period
of employment is one year or more but less than
two years; or

(b) four weeks notice to the employer if the period
of employment is two years or more,

unless the employer has been guilty of a breach of the
terms and conditions of employment.

(3) Notwithstanding subsection (1), the employer
shall have the right to appropriate any monies owing to
him by the employee from any monies payable under
subsection (1).

30. (1) Any notice which under this Part is required
or authorised to be given by an employer to an employee
may be given orally or in writing by being delivered to the
employee, or left for him at his usual or last-known place
of residence, or sent by prepaid registered post addressed
to him at that place.

(2) Any notice which under this Part is required or
authorised to be given by an employee to an employer may
be given either by the employee himself or by a person
authorised by him to act on his behalf, and, whether given
by or on behalf of the employee —

(a) may be given orally or in writing by being
delivered to the employer, or sent by prepaid
registered post addressed to him at the place
where the employee is or was employed by him;
or

(b) if arrangements in that behalf have been made
by the employer, may be given by being
delivered to a person designated by the
employer in pursuance of the arrangements, or
left for such a person at a place so designated, or
sent by prepaid registered post to such a person
at an address so designated.

Provisions as to
notices.

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PART VIII
SUMMARY DISMISSAL

31. An employer may summarily dismiss an
employee without pay or notice when the employee has
committed a fundamental breach of his contract of
employment or has acted in a manner repugnant to the
fundamental interests of the employer:

Provided that such employee shall be entitled to
receive previously earned pay.

32. Subject to provisions in the relevant contract of
employment, misconduct which may constitute a
fundamental breach of a contract of employment or may be
repugnant to the fundamental interests of the employer
shall include (but shall not be limited to) the following —

(a) theft;
(b) fraudulent offences;
(c) dishonesty;
(d) gross insubordination or insolence;
(e) gross indecency:
(f) breach of confidentiality, provided that this

ground shall not include a report made to a law
enforcement agency or to a government
regulatory department or agency;

(g) gross negligence;
(h) incompetence;
(i) gross misconduct.
33. An employer shall prove for the purposes of any

proceedings before the Tribunal that he honestly and
reasonably believed on a balance of probability that the
employee had committed the misconduct in question at the
time of the dismissal and that he had conducted a
reasonable investigation of such misconduct except where
such an investigation was otherwise unwarranted.

Summary
dismissal.

Grounds for
summary
dismissal.

Proof of
misconduct.

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PART IX
UNFAIR DISMISSAL

34. Every employee shall have the right not to be
unfairly dismissed, as provided in sections 35 to 40, by his
employer.

35. Subject to sections 36 to 40, for the purposes of
this Part, the question whether the dismissal of the
employee was fair or unfair shall be determined in
accordance with the substantial merits of the case.

36. (1) For the purposes of this Part, the dismissal of
an employee by an employer shall be regarded as having
been unfair if the reason for it (or, if more than one, the
principal reason) was that the employee —

(a) was, or proposed to become, a member of an
independent trade union;

(b) had taken, or proposed to take, part at any
appropriate time in the activities of an
independent trade union; or

(c) was not a member of any trade union, or of a
particular trade union, or of one of a number of
particular trade unions, or had refused or
proposed to refuse to become or remain a
member.

(2) Any reason by virtue of which a dismissal is to
be regarded as unfair in consequence of subsection (1) is in
this Part referred to as an “inadmissible reason”.

(3) In subsection (1) “appropriate time” in relation
to an employee taking part in the activities of a trade union,
means time which either —

(a) is outside his working hours; or
(b) is a time within his working hours at which, in

accordance with prior arrangements agreed with
or consent given by his employer, it is permissible
for him to take part in those activities,

and in this subsection “working hours”, in relation to an
employee, means any time when, in accordance with his
contract of employment, he is required to be at work.

Right of
employee.

Fairness of
dismissal.

Dismissal
relating to trade
union
membership.

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(4) In this section, unless the context otherwise
requires, references to a trade union include references to a
branch or section of a trade union.

37. Where the reason or principal reason for the
dismissal of an employee was redundancy but it is shown
that the circumstances constituting the redundancy applied
equally to one or more other employees in the same
undertaking who held positions similar to that held by him
and who have not been dismissed by the employer and
either —

(a) that the reason (or, if more than one, the
principal reason) for which he was selected for
dismissal was an inadmissible reason; or

(b) that he was selected for dismissal in contra-
vention of a customary arrangement or agreed
procedure relating to redundancy and there were
no special reasons justifying a departure from
that arrangement or procedure in his case,

then for the purposes of this Part the dismissal shall be
regarded as unfair.

38. An employee shall be treated for the purposes of
this Part as unfairly dismissed if the reason or principal
reason for her dismissal is that she is pregnant or is for any
other reason connected with her pregnancy.

39. Where an employer —
(a) on engaging an employee informs the employee

in writing that his employment will be
terminated on the return to work of another
employee who is, or will be, absent wholly or
partly for any reason; and

(b) dismisses the first-mentioned employee on the
return to work of that other employee,

then, for the purposes of this Part, the dismissal of the first-
mentioned employee shall not be regarded as having been
unfair.

40. (1) The provisions of this section shall have effect
in relation to an employee (in this section referred to as
“the complainant”) who claims that he has been unfairly
dismissed by his employer where at the date of dismissal —

(a) the employer was conducting or instituting a
lockout; or

Dismissal on
ground of
redundancy.

Dismissal on
ground of
pregnancy.

Dismissal of
replacement
employee.

Dismissal in
connection with a
lock-out, strike
or other
industrial action.

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STATUTE LAW OF THE BAHAMAS LRO 1/2006

(b) the complainant was taking part in a lawful
industrial action.

(2) In any case mentioned in subsection (1), the
Tribunal shall not determine whether the dismissal was fair
or unfair unless it is shown —

(a) that a relevant employee of the same employer
has not been dismissed; or

(b) that any such relevant employee has, before the
expiry of the period of three months beginning
with the date of dismissal of the complainant,
been offered re-engagement and that the com-
plainant has not been offered re-engagement.

(3) Where it is shown that the condition referred to in
subsection (2)(b) is fulfilled, the provisions of sections 35 to
39 shall have effect as if in those sections for any reference
to the reason or principal reason for which the complai-
nant was dismissed there were substituted a reference to
the reason or principal reason for which he has not been
offered re-engagement.

(4) In this section —
“date of dismissal” means —

(a) where the complainant’s contract of
employment was terminated by notice, the
date on which the notice was given by the
employer; and

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

“relevant employee” means —
(a) in relation to a lock-out, an employee who

was directly interested in the dispute in
contemplation or furtherance of which the
lock-out occurred; and

(b) in relation to a strike or other industrial
action, an employee at the establishment of
the employer at or from which the complai-
nant works who was taking part in it at the
date of dismissal of the complainant,

and, in this section, any reference to an offer of re-
engagement is a reference to an offer (made either by the
original employer or by a successor of that employer or an
associated employer) to re-engage an employee, either in
the job which he held immediately before the date of

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dismissal or in a different job which would be reasonably
suitable in his case.

41. Where, under the Industrial Relations Act, a
trade dispute relating to unfair dismissal is referred to the
Tribunal such dispute shall be dealt with by the Tribunal
as a complaint in accordance with the provisions of this
Part.

42. (1) Where on a complaint made under section 41
the Tribunal finds that the grounds of the complaint are
proved it shall explain to the complainant what orders for
reinstatement or re-engagement may be made under
section 43 and in what circumstances they may be made,
and shall ask him whether he wishes the Tribunal to make
such an order, and if he does express such a wish the
Tribunal may make an order under section 43.

(2) If on a complaint made under section 41 the
Tribunal finds that the grounds of the complaint are
proved and no order is made under section 43, the
Tribunal shall make an award of compensation for unfair
dismissal, calculated in accordance with sections 46 to 48,
to be paid by the employer to the employee.

43. (1) An order made under this section may be an
order for reinstatement (in accordance with subsections (2)
and (3)) or an order for re-engagement (in accordance with
subsection (4)), as the Tribunal may decide.

(2) An order for reinstatement is an order that the
employer shall treat the complainant in all respects as if he
had not been dismissed, and on making such an order the
Tribunal shall specify —

(a) any amount payable by the employer in respect
of any benefit which the complainant might
reasonably be expected to have had but for the
dismissal;

(b) any rights and privileges, including seniority and
pensions rights, which must be restored to the
employee; and

(c) the date by which the order must be complied
with.

(3) Without prejudice to the generality of subsection
(2), if the complainant would have benefited from an
improvement in his terms and conditions of employment
had he not been dismissed, an order for reinstatement shall
require him to be treated as if he had benefited from that

Complaint.
Ch. 321.

Remedies for
unfair dismissal.

Order for
reinstatement or
re-engagement.

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STATUTE LAW OF THE BAHAMAS LRO 1/2006

improvement from the date on which he would have done
so but for being dismissed.

(4) An order for re-engagement is an order that the
complainant be engaged by the employer, or by a successor
of the employer or by an associated employer, in employ-
ment comparable to that from which he was dismissed or
other suitable employment, and on making such an order
the Tribunal shall specify the terms on which re-engage-
ment is to take place.

44. (1) If an order under section 43 is made and the
complainant is reinstated or, as the case may be, re-
engaged but the terms of the order are not fully complied
with, then, subject to section 48, the Tribunal shall make an
award of compensation, to be paid by the employer to the
employee, of such amount as the Tribunal thinks fit having
regard to the loss sustained by the complainant in
consequence of the failure to comply fully with the terms
of the order.

(2) Subject to subsection (1), if an order under section
43 is made but the complainant is not reinstated or, as the
case may be, re-engaged in accordance with the order —

(a) the Tribunal shall make an award of compen-
sation for unfair dismissal, calculated in accor-
dance with sections 45 to 47 to be paid by the
employer to the employee; and

(b) unless the employer satisfies the Tribunal that it
was not practicable to comply with the order, the
Tribunal shall make an additional award of
compensation to be paid by the employer to the
employee of an amount of not more than twenty-
six weeks’ pay.

45. Where the Tribunal makes an award of compen-
sation for unfair dismissal under subsection (2) of section
42 or subsection (2)(a) of section 44 the award shall consist
of a basic award calculated in accordance with section 46
and a compensatory award calculated in accordance with
section 47.

46. (1) Subject to the following provisions of this
section, the amount of the basic award shall be the amount
calculated by reference to the date the employee was
dismissed by starting on that date and reckoning back-
wards the number of complete years of employment falling
within that period, and allowing three weeks’ pay for each
year of employment.

Enforcement of
order made
under section 43
and
compensation
award.

Compensation
for unfair
dismissal.

Calculation of
basic award.

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(2) Where the Tribunal finds that the dismissal was to
any extent caused or contributed to by any action of the
complainant it shall, except in a case where the dismissal
was by reason of redundancy, reduce the amount of the
basic award by such proportion as it considers just and
equitable having regard to that finding.

(3) Where the Tribunal finds that the complainant has
refused an offer by the employer which if accepted would
have the effect of reinstating or re-engaging the complai-
nant in his employment in all respects as if he had not been
dismissed, the Tribunal shall not make an award.

(4) Where the Tribunal considers that any conduct
of the complainant before the dismissal (or, where the
dismissal was with notice, before the notice was given),
other than conduct taken into account by virtue of
subsection (3), was such that it would be just and equitable
to reduce or further reduce the amount of the basic award
to any extent, the Tribunal shall reduce or further reduce
that amount accordingly.

(5) The amount of the basic award shall be reduced
or, as the case may be, be further reduced, by the amount
of any payment, made by the employer to the employee on
the ground that the dismissal was by reason of redun-
dancy, whether in pursuance of Part VI or otherwise.

47. (1) Subject to section 48, the amount of the
compensatory award shall be such amount as the Tribunal
considers just and equitable in all the circumstances having
regard to the loss sustained by the complainant in
consequence of the dismissal in so far as that loss is
attributable to action taken by the employer.

(2) Such loss shall be taken to include —
(a) any expenses reasonably incurred by the com-

plainant in consequence of the dismissal; and
(b) subject to subsection (3), loss of any benefit

which he might reasonably be expected to have
had but for the dismissal.

(3) In determining, for the purposes of subsection
(1), how far any loss sustained by the complainant was
attributable to action taken by the employer no account
shall be taken of any pressure which, by calling, organis-
ing, procuring or financing a strike or other industrial
action, or threatening to so do, was exercised on the

Calculation of
compensatory
awards.

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STATUTE LAW OF THE BAHAMAS LRO 1/2006

employer to dismiss the employee, and that question shall
be determined as if no such pressure had been exercised.

(4) Where the Tribunal finds that the dismissal was
to any extent caused or contributed to by any action of the
complainant it shall reduce the amount of the compensa-
tory award by such proportion as it considers just and
equitable having regard to that finding.

(5) If the amount of any payment made by the
employer to the employee on the ground that the dismissal
was by reason of redundancy, whether in pursuance of Part
VI or otherwise, exceeds the amount of the basic award
which would be payable but for subsection (4) of section
46 that excess shall go to reduce the amount of the
compensatory award.

48. (1) The amount of compensation awarded to a
person calculated in accordance with section 46 and of a
compensatory award to a person calculated in accordance
with section 47, shall not exceed eighteen months pay:

Provided that where the employee holds a supervisory
or managerial position the award shall not exceed twenty-four
months pay.

(2) It is hereby declared for the avoidance of doubt
that the limit imposed by this section applies to the amount
which the Tribunal would, apart from this section
otherwise award in respect of the subject matter of the
complaint after taking into account any payment made by
the respondent to the complainant in respect of that matter
and any reduction in the amount of the award required by
any written law.

(3) Where the Tribunal considers that any conduct
of the complainant after the dismissal was such that it
would be just and equitable to reduce the amount of the
award to any extent, the Tribunal shall reduce that amount
accordingly.

PART X
CHILDREN AND YOUNG PERSONS

49. In this Part —
“child” means any person under the age of fourteen

years;
“industrial undertaking” includes —

Limit on
compensation.

Definitions for
Part X.

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(a) a mine, quarry, or distillery, or a sugar,
spirit compound, match, soap, cigar or
cigarette factory, or any undertaking 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 transmission of electri-
city and motive power of any kind, or any
agricultural undertaking;

(b) 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, tele-
graphic or telephonic installation, electrical
undertaking, gas work, water work, or
other work of construction, as well as the
preparation for or laying the foundation of
any such work or structures;

(c) transport of passengers or goods by road or
rail or inland waterway including the hand-
ling of goods at docks, quays, wharves and
warehouses but excluding transport by
hand;

“night work” means work in an industrial
undertaking during any time between the hours
of eight o’clock in the evening and six o’clock
in the morning;

“parent” includes guardian or other such person who
is liable to maintain or has actual custody of a
child or young person;

“ship” means any sea-going ship or boat of any
description registered in The Bahamas as a
Bahamian ship and includes sea-going fishing
boats;

“young person” means a person who is fourteen
years of age and upwards and under the age of
eighteen years.

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50. (1) A child shall not be employed in any

undertaking except as expressly provided in the First
Schedule.

(2) The Minister may by Order after consultation with
a confederation, being, in the opinion of the Minister, a
confederation representative of a majority of employers
and associations of employers generally and after con-
sultation with an association of registered trade unions
being an association in the opinion of the Minister
representative of a majority of employees subject to
affirmative resolution of the House of Assembly, amend
the First Schedule.

51. A child or young person shall not be employed in
any work to be performed during any hours during which
any school at which such person is a pupil is ordinarily in
session, or during such other periods as may prejudice his
attendance at such school or render him unfit to obtain the
full benefit of the education provided for him.

52. (1) If any person employs a child or young person
contrary to any of the provisions of this Part, he shall be
liable to a fine of one thousand dollars.

(2) If any parent or guardian of a child or young
person has consented to the commission of the alleged
offence by wilful default, or by habitually neglecting to
exercise due care, he shall be liable to the like fine.

53. Where the offence of taking a child or young
person into employment contrary to any of the provisions
of this Part is committed by an agent or employee of the
employer, such agent or employee shall be liable to a fine
as if he were the employer.

54. Where a child or young person is taken into
employment in contravention of this Part, on the produc-
tion, by or with the consent of the parent or guardian, of a
false or forged certificate, or on the false representation of
his parent or guardian that the child or young person is of
an age at which employment is not in contravention of this
Part, that parent or guardian shall be liable to a fine of one
thousand five hundred dollars.

55. If in a charge for an offence under this Part it is
alleged that the child or young person in respect of whom
the offence was committed was under the age of fourteen

Prohibition of
employment of a
child.

First Schedule.

Prohibition of
employment
during school
hours.

Penalty for
employment.

Liability of agent
or employer.

False certificate
or representation
as to age.

Presumption of
age.

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or eighteen years, as the case may be, at the date of the
commission of the alleged offence he shall, unless the
contrary is proved, for the purposes of this Part be
presumed at that date to have been under the age of
fourteen or eighteen years, as the case may be.

56. It shall not be lawful to employ any young person
under the age of sixteen upon any ship other than a ship —

(a) upon which only members of the same family
are employed; or

(b) within the waters of The Bahamas.
57. (1) It shall not be lawful to employ a child in night

work.
(2) It shall not be lawful, except as expressly provided

in this Part and the Second Schedule to employ young
persons in night work.

(3) The Minister may by Order after consultation
with a confederation, being, in the opinion of the Minister,
a confederation representative of a majority of employers
and associations of employers generally and after con-
sultation with an association of registered trade unions
being an association in the opinion of the Minister
representative of a majority of employees subject to
affirmative resolution of the House of Assembly, amend
the Second Schedule.

58. In all industrial undertakings in the case of
exceptional circumstances demanding it, the Minister may,
by Order, after consultation with a confederation, being, in
the opinion of the Minister, a confederation representative
of employers and associations of employers generally and
after consultation with an association of registered trade
unions being an association in the opinion of the Minister
representative of employees subject to affirmative resolu-
tion of the House of Assembly, suspend the prohibition of
night work for such period as he may deem necessary.

59. A young person may work outside school hours
under the following conditions —

(a) in a school day, for not more than three hours;
(b) in a school week, for not more than twenty-four

hours;
(c) in a non-school day, for not more than eight

hours;

Prohibition of
employment on
ships.

General
prohibition of
night work.

Second Schedule.

Exceptional
circumstances.

Conditions in
respect of young
persons.

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(d) in a non-school week, for not more than forty
hours.

PART XI
WAGES

60. (1) In any contract of service hereafter to be made
for the employment of any employee for the performance
of any work within The Bahamas the wages of such
employee shall be made payable and be paid at regular
intervals of not more than one month to the individual
employee in the currency of The Bahamas and not
otherwise.

(2) Subsection (1) shall not be construed so as to
prevent or render invalid any contract for the payment, or
any actual payment, to such employee as aforesaid of the
whole or any part of his wages, in drafts or orders for the
payment of money to the bearer on demand, drawn upon
any person lawfully carrying on the business of a banker in
The Bahamas, if such employee freely consents, to receive
such drafts or orders and all such payments shall for the
purposes of this Act be as valid and effectual as if such
payments had been made in the currency of The Bahamas.

(3) If any draft or order as mentioned in subsection
(2) shall be dishonoured or not paid on presentation to
such person lawfully carrying on the business of a banker
the employer to whom such draft or order has been
delivered in such part payment or payment of wages shall
in addition to any other liability which such employer may
incur by reason of such dishonour or non-payment pay to
such employee or to a holder in due course of any such
draft or order so dishonoured or unpaid as aforesaid a sum
of money equal to fifteen per cent of the amount specified
in such draft or order and such sum shall be recoverable
before the magistrate of the district in which any such
employee resides.

61. (1) Every employer shall keep a register of wage
payments and accounts in respect of each employee for a
period of three years.

(2) This section shall not apply in the case of
domestic employees.

62. (1) In any action brought by an employee for the
recovery of his wages, the employer shall not be entitled to
any set-off or counter-claim in respect of any goods
supplied to the employee by the employer or by any person

Wages to be paid
in the currency of
The Bahamas.

Register of
wages.

Order for goods
as a deduction
from wages
illegal.

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under any order or direction of the employer, or any agent
of the employer, and the employer or any agent of the
employer, or any person supplying goods to the employee,
under any order or direction of such employer or agent,
shall not be entitled to sue the employee for or in respect of
any goods supplied by such employer or agent, or under
such order or direction, as the case may be.

(2) Nothing in subsection (1) shall be deemed to apply
to any tools or implements supplied to any such employee
employed as aforesaid, or to goods not exceeding the value
of fifty dollars supplied to any such employee at the
request of such employee when there shall not be within
five miles of such employment any store at which such
employee could have purchased the goods so supplied.

63. (1) Payment of wages shall be made on working
days only and shall be made by cash, cheque or by deposit
in the employee’s bank account.

(2) Except in the case of an employee who is
ordinarily employed therein, wages shall not be paid to any
employee on any premises licensed for the sale of
intoxicating liquor under the provisions of the Liquor
Licences Act or in any shop or store.

64. (1) An employer may make deductions from
wages payable to an employee in accordance with the
terms of any agreement made with such employee for the
repayment of money advanced to him by way of loan from
the employer, but the total amount of all such deductions
made in any one period for which any payment of wages is
made shall not exceed one-fifth of the amount of the wages
payable to such employee in respect of such period.

(2) This section shall not affect any arrangements
for deductions entered into before the commencement of
this section.

65. No employer shall directly or indirectly by himself
or his agent impose as a condition, express or implied, in or
for the employment of any employee any terms as to the
place or the manner in which, or the person with whom,
any wages or portion of wages paid to the employee are or
is to be expended, and no employer shall by himself or his
agent dismiss any employee from his employment for or on
account of the place at which, or the manner in which, or
the person with whom, any wages or portion of wages paid
by the employer to such employee are or is expected or fail
to be expended.

Requirements
relating to
payment of
wages.

Restrictions on
deductions from
wages of
employees.

No contracts
with employees
as to spending
wages at any
particular shop,
etc.

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66. If any employer or his agent contravenes any of
the provisions of this Part the employer or agent, as the
case may be, is guilty of an offence and shall be liable on
summary conviction to a fine of five hundred dollars for
the first offence and to a fine of one thousand dollars for a
second or subsequent offence.

PART XII
FINGERPRINTING AND LIE DETECTOR TEST

67. No employer shall, as a requirement for employ-
ment or continued employment, require any person to
furnish a set of his fingerprints or take a lie detector test.

68. The provisions of sections 67 shall not apply to
an employer who employs a person on any premises in
respect of which licences are issued under the Lotteries and
Gaming Act.

69. Any person who contravenes section 67 is guilty
of an offence and shall be liable to a fine of five thousand
dollars.

70. (1) Where the fingerprints of any person have
been furnished to an employer prior to the commencement
of this Act, such fingerprints and all copies and records
thereof shall be returned to that person within fourteen
days after the commencement of this Act.

(2) An employer who fails to comply with
subsection (1) is guilty of an offence and shall be liable to
a fine of five thousand dollars.

PART XIII
GENERAL PROVISIONS

71. Every employer shall —
(a) make and keep for such period as may be

prescribed after the work is performed, such
records of the names, addresses, ages, wages,
hours worked, annual vacations and other
conditions of work of each of his employees as
may be prescribed; and

(b) if requested by the Minister, furnish to the
Minister such information in respect of his
employees relating to the matters mentioned in
paragraph (a), and make such returns thereon in
such manner as may be prescribed.

Penalty.

Prohibition.

Exception.

Ch. 387.

Offence.

Return of
records.

Information and
returns.

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72. (1) Where a change occurs (whether by virtue of
a sale or other disposition or by operation of law) in the
ownership of any business for the purposes of which an
employee is employed, and after such change of ownership
such employee continues to be so employed without
interruption, the person who immediately after the change
occurs is the owner of the business shall be deemed to be
the employer (“the new employer”) of that employee, and
the employment shall be deemed to be continuous,
notwithstanding the change.

(2) Any change in the ownership of a business shall
be binding upon any successor, administrator, transferee,
executor and assign of the company, or surviving entity in
the control of the company regardless of the nature of
transfer or control including but not limited to purchase,
sale, merger, consolidation, acquisition, leasing of opera-
tion, reorganisation, arrangement for the benefit of
creditors, or bankruptcy.

(3) Any dispute filed with the Tribunal and subsisting
at the time of the change between the employee or his trade
union and the former employer shall be deemed to be
transferred to the new employer, notwithstanding the
change and notwithstanding any agreement to the contrary
between the former employer and the new employer.

73. (1) An employer shall, at the time of making any
payment of wages to an employee, furnish to the employee
a statement in writing setting out —

(a) the period for which the payment of wages is
made;

(b) the number of hours for which payment is made;
(c) the rates of wages;
(d) details of any deductions made from the wages;

and
(e) the actual sum being paid to the employee.
(2) The Minister may, by Order, exempt any class of

employer from any or all of the requirements of subsection
(1).

(3) This section shall not apply in the case of domestic
workers.

74. (1) Where the Minister or any person is authorised
to require a person to furnish information under this Act or
the regulations, he may require the information to be
furnished by a notice to that effect served personally or

Change of
ownership of
business.

Pay statements.

Notice to furnish
information.

CH.321A – 34] EMPLOYMENT





STATUTE LAW OF THE BAHAMAS LRO 1/2006

sent by registered mail addressed to the last known address
of the person for whom the notice is intended, and such
person shall furnish the information within such reason-
able time as is specified in the notice.

(2) A certificate of the Minister or other person as
aforesaid certifying —

(a) that a notice was sent by registered mail to the
person to whom it was addressed, accompanied
by a true copy of the notice and by an identifying
certificate of such registration issued by or on
behalf of the Postmaster-General; or

(b) where the Minister or other person is authorised
to require a person to furnish information under
this Act or the regulations, that the information
has not been furnished,

shall be prima facie evidence in any proceedings of the
facts stated in the certificate.

(3) A certificate of the Minister or other person
aforesaid certifying that a document was made by or on
behalf of the Minister shall be admissible in any proceed-
ings as prima facie evidence of that fact.

(4) A certificate under this section signed or purport-
ing to be signed by the Minister or other person aforesaid
shall be admissible in evidence in any proceedings without
proof of his appointment or signature.

75. Any person who —
(a) contravenes any provision of this Act or the

regulations or any order made thereunder for the
contravention of which no penalty is prescribed
elsewhere in this Act or in the regulations or
order; or

(b) dismisses or threatens to dismiss any employee or
reduces his wages or alters the terms or condi-
tions of his employment to terms or conditions
less favourable to him, or alters his position
relatively to other employees employed by that
person, because such employee —
(i) has testified or is about to testify in any

proceedings had or taken under this or any
other Act; or

(ii) has given any information to the Minister or
an inspector as required under any law
regarding the wages, hours of work, annual

Offences.

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vacations or other conditions of work of the
employee or any of his fellow employees,

is guilty of an offence and shall be liable, to a fine of five
thousand dollars.

76. Where an employer is found guilty of an offence
under this Act in respect of any employee, the court may,
in addition to any other penalty, order the employer to pay
to the employee any overtime pay, vacation pay, or other
wages to which the employee is entitled under this Act, the
non-payment or insufficient payment of which constituted
the offence.

77. (1) No civil remedy of any employee against his
employer for arrears of wages or for breach made under
this Act shall be suspended or otherwise be affected by this
Act.

(2) This Act shall not apply to any industrial
agreement registered with the Tribunal on the coming into
operation of this Act but shall apply on the expiration of
such an agreement.

78. The Minister shall, within six months from the
end of every year, prepare an annual report on the adminis-
tration of this Act and cause such report to be laid before
both Houses of Parliament.

79. The Minister may make regulations for carrying
out the purposes of this Act and, without prejudice to the
generality of the foregoing, may make regulations —

(a) for calculating and determining, otherwise than
for the purposes of this Act, wages received by
an employee in respect of his employment;

(b) Providing for the payment of any wages of an
employee to the Minister or to some other
person in the event that the employee cannot be
found, or in any other case;

(c) Providing for the establishment of committees to
advise the Minister on any matters arising in
relation to the administration of this Act; and

(d) for any other matter required or authorised by
this Act to be prescribed.

80. The Acts mentioned in the Third Schedule are
repealed or amended to the extent specified therein.

Additional
powers of
convicting court.

Savings.

Annual report.

Regulations.

Repeals and
amendments.
Third Schedule.

CH.321A – 36] EMPLOYMENT





STATUTE LAW OF THE BAHAMAS LRO 1/2006

FIRST SCHEDULE (Section 50)

EMPLOYMENT OF CHILDREN
For a period of five years from the coming into operation of

this Act, a child may be employed in the following undertakings —
(a) grocery packers;
(b) gift wrappers;
(c) peanut vendors;
(d) newspaper vendors;
(e) any film as may be approved by the Minister.

SECOND SCHEDULE (Section 57)

EMPLOYMENT OF YOUNG PERSONS IN NIGHT WORK
A young person may be employed in the following undertakings —
(a) hotels;
(b) restaurants;
(c) food stores;
(d) general merchandise stores;
(e) gas stations.

THIRD SCHEDULE (Section 80)

REPEALS

Chapter Acts Extent of Repeal
Ch. 2881 Truck Act The whole Act
Ch. 2892 Contracts of Service Act The whole Act
Ch. 2913 Employment of Children

Prohibition Act The whole Act
Ch. 2924 Employment of Young Persons

Act The whole Act
Ch. 2955 Fair Labour Standards Act The whole Act


1 Rev. Ed., 1987
2 Rev. Ed., 1987
3 Rev. Ed., 1987
4 Rev. Ed., 1987
5 Rev. Ed., 1987

S.I. 96/2003

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Ch. 2966 Industrial Relations Act Section 53E (3), (4)
and (5)7

Act No. 8
of 1988 Female Employees (Grant of

Maternity Leave) Act The whole Act




6 Chapter 321 in the Rev. Ed., 2000
7 Section 58 in the Rev. Ed., 2000