Employment Act

Link to law: http://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1965/1965-0006/EmploymentAct_1.pdf
Published: 1966-04-22

Employment Act


2008 Revised Edition

CAP. 40.28






EMPLOYMENT ACT

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EMPLOYMENT ACT

Arrangement of Sections
Section

PART I- PRELIMINARY 7
1 Short title................................................................................................................ 7
2 Interpretation.......................................................................................................... 7
3 Term of contract..................................................................................................... 9

PART II - ADMINISTRATION 10
4 Commissioner of Labour and other officers ........................................................ 10
5 Powers of Commissioner and Health Officer to enter places of

employment, to interrogate, etc. .......................................................................... 11
6 Returns by employers, inspection of documents, etc........................................... 12
7 Power of summons and institution of proceedings .............................................. 12
8 Offences ............................................................................................................... 12

PART III - WAGES AND HOURS OF WORK 13
9 Liability of worker for advances and loans.......................................................... 13
10 Days and hours of work, and overtime rates, may be specified by

Commissioner etc. ............................................................................................... 13
11 Task work ............................................................................................................ 13
12 Records concerning workers................................................................................ 14
13 Period for which wages payable .......................................................................... 14
14 Payment of wages ................................................................................................ 14
15 Payment in stores, etc., prohibited ....................................................................... 15
16 Wages to be paid in legal tender .......................................................................... 15
17 Contracts to pay any wages otherwise than in legal tender, illegal ..................... 15
18 Stipulation as to place and manner of spending wages illegal............................. 16
19 Worker's right to recover ..................................................................................... 16
20 Interest on advances forbidden ............................................................................ 16
21 Certain deductions from wages may be made ..................................................... 16
22 Remuneration other than wages........................................................................... 16

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23 Employer's shops..................................................................................................17
24 Power of employer to exempt himself if other person proved actual

offender and proceedings against such a person in first instance.........................17
25 Penalties ...............................................................................................................18

PART IV - MINIMUM WAGE 18
26 Interpretation ........................................................................................................18
27 Fixing of minimum wage .....................................................................................18
28 Penalty for not paying wages in accordance with minimum rate.........................19
29 Miscellaneous provisions with regard to legal proceedings.................................19
30 Offence by agent ..................................................................................................20
31 Employers not to receive premium where minimum rates in force .....................20
32 Prevention of evasion ...........................................................................................20
33 Exemption ............................................................................................................20

PART V - RECRUITING OF WORKERS 21
34 Interpretation ........................................................................................................21
35 Recruiting of workers to be under licence............................................................21
36 Matters to be considered before granting licence.................................................22
37 Restriction on recruitment ....................................................................................22
38 Application for recruiting licence.........................................................................22
39 Conditions of recruiting licence ...........................................................................23
40 Term of licence.....................................................................................................23
41 Professional recruiters ..........................................................................................23
42 Cancellation of licence .........................................................................................24
43 Persons under the age of 18 not to be recruited ...................................................24
44 Provisions relating to the family of recruit...........................................................24
45 Chiefs and public officers not to recruit or assist recruiting ................................24
46 Licensees' assistants to obtain a permit ................................................................24
47 Remuneration of licensees' agents........................................................................25
48 Licensees to keep records.....................................................................................25
49 Examination of recruits ........................................................................................25
50 Recruiter to defray expenses of journey, etc. .......................................................25
51 Return to home of recruit and his family in certain circumstances ......................25
52 Advances against wages.......................................................................................26
53 Penalty..................................................................................................................26

PART VI - WRITTEN CONTRACTS OF EMPLOYMENT 26
54 Interpretation ........................................................................................................26
55 Certain contracts to be in writing .........................................................................27
56 Form and particulars of contract ..........................................................................27
57 Attestation of contracts.........................................................................................28
58 Disposal of copies of contract ..............................................................................29
59 Medical examination ............................................................................................29
60 Workers under 18 years may not enter into contract............................................29

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61 Maximum duration of contracts........................................................................... 30
62 Transfer to other employment.............................................................................. 30
63 General termination of contract ........................................................................... 31
64 Cancellation of contract by Commissioner.......................................................... 32
65 Dismissal by the employer without notice........................................................... 32
66 Contracts for service outside Tuvalu ................................................................... 32
67 Extraterritorial contracts for employment in Tuvalu ........................................... 33
68 Employment of immigrant workers ..................................................................... 34
69 Rights and obligations of worker and employer in respect of repatriation .......... 34
70 Exemption from obligation to repatriate.............................................................. 35
71 Employer to provide transport ............................................................................. 36
72 Summaries of law ................................................................................................ 37
73 Penalty ................................................................................................................. 37

PART VII - FORCED LABOUR 37
74 Interpretation........................................................................................................ 37
75 Prohibition of forced labour................................................................................. 38

PART VIII - EMPLOYMENT OF WOMEN 38
76 Interpretation........................................................................................................ 38
77 Prohibition of employment of women at night .................................................... 38
78 Suspension of prohibition .................................................................................... 38
79 Prohibition of employment of women in mines................................................... 39
80 Women employed to be permitted to be absent from work in certain

circumstances....................................................................................................... 39
81 Restriction on dismissal of woman employee...................................................... 39
82 Penalty ................................................................................................................. 39

PART IX - EMPLOYMENT OF CHILDREN AND OTHER YOUNG
PERSONS 40
83 Interpretation........................................................................................................ 40
84 Employment of children under 14 forbidden....................................................... 40
85 Employment of persons under 15 ........................................................................ 40
86 Employment underground of male persons under 16 .......................................... 40
87 Employment of persons under 18 ........................................................................ 40
88 Register of young persons.................................................................................... 41
89 Presumption of age .............................................................................................. 41
90 Penalty ................................................................................................................. 42

PART X - APPRENTICES 42
91 Interpretation........................................................................................................ 42
92 Contracts of apprenticeship of person over 14 and under 16............................... 42
93 The Commissioner may appoint person to execute contract of

apprenticeship ...................................................................................................... 42
94 Contracts of apprenticeship of persons over 16 years.......................................... 42

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95 Assignment of contracts of apprenticeship ..........................................................43
96 Attestation of contract of apprenticeship..............................................................43
97 Duties of Commissioner on attesting contract of apprenticeship .........................43
98 Retention of apprentices after expiry of contract .................................................43
99 Powers of Commissioner .....................................................................................44
100 Exemption of employer from provisions of this Part ...........................................44
101 Cancellation of exemption ...................................................................................44

PART XI - CARE OF WORKERS 44
102 Interpretation ........................................................................................................44
103 Rations..................................................................................................................44
104 Water ....................................................................................................................44
105 Sanitary arrangements ..........................................................................................44
106 Housing ................................................................................................................45
107 Medical care and treatment ..................................................................................45
108 Hospital maintained by employers .......................................................................45
109 Directions in regard to housing and sanitation .....................................................46
110 Reporting of deaths ..............................................................................................46
111 Conveying of workers by sea ...............................................................................46
112 Penalty..................................................................................................................46

PART XII - GENERAL 46
113 Application to Crown ...........................................................................................46
114 Priority for wages among debts of bankrupt or body corporate being

wound up..............................................................................................................46
115 Criminal proceedings ...........................................................................................47
116 Civil proceedings..................................................................................................47
117 Court fees .............................................................................................................47
118 Power to exempt persons from provisions of this Act .........................................47

PART XIII - REGULATIONS 47
119 Minister may make regulations ............................................................................47

PART XIV - SAVING 49
120 Saving...................................................................................................................49

Supporting Documents

ENDNOTES 50

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EMPLOYMENT ACT

AN ACT TO DECLARE THE LAW RELATING TO EMPLOYMENT1

Commencement [22nd April 1966]

PART I- PRELIMINARY

1 Short title
This Act may be cited as the Employment Act.

2 Interpretation
In this Act, unless the context otherwise requires —

“agricultural undertaking” includes processes conducted on the undertaking
for the preservation and despatch of the agricultural products of the
undertaking, unless any such processes are specifically declared by order
made by the Minister to be parts of any industrial undertaking;

“commercial undertaking” includes —
(1) commercial establishments and offices, including establishments

engaging wholly or mainly in the sale, purchase, distribution,
insurance, negotiation, loan, or administration of goods or
services of any kind;

(2) establishments for the treatment or care of the aged, infirm, sick,
destitute, or mentally unfit;

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

(4) theatres and places of public amusement; and

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(5) any establishment similar in character to those enumerated in
sub-paragraphs (1), (2), (3) and (4) above;

“Commissioner” means the Commissioner of Labour appointed under the
provisions of section 4;

“domestic servant” means any house, stable or garden servant or car driver
employed in, or in connection with, the domestic services of any private
dwelling-house;

“employer” means any person by whom a worker is employed and includes a
prospective employer and the Government;

“family” includes the wife of a worker and his children who are unmarried
and under the age of 14 years;

“Health Officer” means the person for the time being performing the duties
of the office of Senior Medical Officer and includes any officer to whom, by
writing under his hand, he delegates the exercise or performance of all or any
of the powers or duties conferred or imposed on the Health Officer by this Act
to the extent of the powers or duties so delegated;

“immigrant worker” means any worker whose passage to Tuvalu has been
provided in consideration of a promise to perform work in Tuvalu;

“industrial undertaking” includes —
(1) undertakings in which articles are manufactured, altered, cleaned,

repaired, ornamented, finished, adapted for sale, broken up or
demolished or in which materials are transformed including
undertakings engaged in shipbuilding, in the generation,
transformation, or transmission of electricity, in the production or
distribution of gas or motive power of any kind, in the
purification or distribution of water, or in heating or cooling;

(2) undertakings engaged in the construction, reconstruction,
maintenance, repair, alteration or demolition of any one or more
of the following —
buildings, railways, tramways, airports, harbours, docks, piers,
works of protection against floods or coast erosion, canals, works
for the purpose of inland; maritime or aerial navigation, roads,
tunnels, bridges, viaducts, sewers, drains, wells, irrigation or
drainage works, telecommunication installations, works for the
production or distribution of electricity or gas, pipelines,
waterworks, and undertakings engaged in other similar work or
in the preparation for or laying the foundation of any such work
or structure;

(3) mines, quarries or other works for the extraction of minerals
from the earth; and

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(4) undertakings engaged in the transport of passengers or goods,
including the handling of goods at docks, quays, wharves and
warehouses, but excluding transport by hand unless such
undertakings are regarded as part of the operation of an
agricultural or commercial undertaking;

“medical officer” means any person in the service of the Government who is
a medical practitioner;

“medical practitioner” includes any person registered as a medical officer
under the provisions of the Medical and Dental Practitioners Act;2

“month to month” in relation to a contract means a contract for 1 month
renewable from month to month;

“seaman” means any person employed as a member of the crew of any vessel
or boat whatsoever (other than a ship of war) engaged in maritime navigation
whether privately or publicly owned;

“undertaking” means an undertaking whether public or private;

“worker” means a clerical worker, labourer, servant in husbandry,
journeyman, boatman, artificer, handicraftsman, miner, mechanic,
agriculturalist, gardener, seaman, motor-driver, or other person engaged in
clerical or manual labour or in supervising such, who has entered into or
works under a contract with an employer and includes any immigrant worker
and any worker who is apprenticed, but does not include —

(1) any domestic servant, or
(2) in Part III of this Act, any clerical worker who is, for the time

being, entitled to receive for clerical work done by him under any
contract or contracts of employment any money or other
consideration, the rate of which exceeds in amount or value, or
both, $400 per annum.

3 Term of contract
In default of any agreement to the contrary whether express or implied every
contract of employment shall be deemed to be from month to month determinable
by either party on 1 month's notice or by the payment of 1 month's wages in lieu of
notice.

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PART II - ADMINISTRATION

4 Commissioner of Labour and other officers
(1) The Minister may appoint an officer to be the Commissioner of Labour, and

may appoint one or more officers to be Deputy Commissioners of Labour and
Assistant Commissioners of Labour and such other officers as may be
necessary for carrying out the provisions of this Act who, subject to such
limitations as the Minister may prescribe, may perform all duties imposed and
exercise all powers conferred on the Commissioner by this Act.

(2) If any employer is aggrieved by any decision or order of any of the officers
(other than the Commissioner) referred to in subsection (1) made or given by
virtue of the provisions of that subsection, he may require that such decision
or order be confirmed by the Commissioner, who may confirm or rescind
such decision or order or substitute therefor any decision or order which could
be lawfully given in accordance with the provisions of this Act.

(3) If any employer is aggrieved by any decision or order of the Commissioner
made or given either originally or pursuant to the preceding subsection, he
may require that such decision or order be confirmed by the Minister who
may confirm or rescind such decision or order or substitute therefor any
decision or order which could be lawfully given in accordance with the
provisions of this Act.

(4) Subject to such exceptions as may be prescribed, an officer appointed under
subsection (1) of this section —
(a) shall not have any direct or indirect interest in any undertaking under

his supervision;
(b) shall not reveal, either during the subsistence of his appointment or

subsequently, any manufacturing or commercial secrets or working
processes which may come to his knowledge in the course of his duties;
and

(c) shall treat as absolutely confidential the source of any complaint
bringing to his notice a defect or breach of legal provisions and shall
give no intimation to the employer or his representative that a visit of
inspection has been made in consequence of the receipt of such a
complaint.

(5) Any officer who contravenes any of the provisions of subsection (4) shall be
liable to a fine of $100 and to imprisonment for 3 months, and in the case of a
second or subsequent offence to a fine of $200 and to imprisonment for 6
months.

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5 Powers of Commissioner and Health Officer to enter places of
employment, to interrogate, etc.
(1) The Commissioner or Health Officer may enter at all times upon any place

which he has reasonable cause to believe is a place of employment and into
any house or accommodation provided by an employer for workers, and put
questions, either alone or in the presence of witnesses, concerning the workers
to the employer or to any person who may be in charge of the workers or to
the workers themselves and the employer of such person, or any such worker,
shall be equally bound to answer such questions truthfully to the best of his
ability:

Provided that —
(i) the Commissioner or Health Officer shall not enter or inspect a private

dwelling-house without the consent of the occupier thereof;
(ii) on the occasion of a visit or inspection the Commissioner or Health

Officer shall notify the employer or his representative of his presence,
unless he has reasonable grounds for believing that such notification
may be prejudicial to the performance of his duties.

(2) The Commissioner or Health Officer shall produce his written appointment as
such upon demand —
(a) by any person in charge of any place or premises in respect of which, or

wherein, any power conferred under the preceding subsection is, or is
about to be, exercised; and

(b) by any person required by him under any power conferred by the
preceding subsection to do, or to refrain from doing, any particular act
or thing.

(3) If the Commissioner or Health Officer has reasonable grounds for suspecting
that any offence has been committed against a worker, and whenever any
complaint of personal ill-usage or breach of any of the provisions of this Act
is made to the Commissioner or Health Officer, the Commissioner or Health
Officer, as the case may be, may forthwith remove, or cause to be removed,
such worker from the place of employment where he is employed for further
enquiry into the matter.

(4) The Commissioner or Health Officer may by order in writing require any
employer to take within such reasonable time as the Commissioner may
determine such steps as he considers necessary with a view to remedying
defects observed in plant, layout, working methods, supervision, medical or
sanitary provisions or other matters at any place of employment which he may
have reasonable cause to believe constitute a threat to the health or safety of
the worker.

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6 Returns by employers, inspection of documents, etc.
(1) Every employer shall furnish to the Commissioner such return or returns,

which shall be accurate and complete in every particular, in such form or
forms as shall be prescribed.

(2) The Commissioner or Health Officer may call for and examine all contracts,
registers, books of account and other documents concerning any workers or
relating to their employment.

(3) The Commissioner or Health Officer may take and remove for purpose of
analysis samples of materials and substances used or handled by any worker
in the course of his employment, subject to the employer of such worker, or
the representative of that employer, being notified of any samples or
substances taken or removed for such purpose.

7 Power of summons and institution of proceedings
(1) Whenever the Commissioner has reasonable grounds for suspicion that any

offence under this Act has been committed or wishes to enquire into any
matter concerning disputes as to wages, alleged wrongful termination of
agreement or contract, misconduct, food, medical attendance, death, mining
usage or mining complaint, inspection, sanitation or any other matter relating
to employer and worker dealt with under the provisions of this Act, the
Commissioner may summon any person whom he has reason to believe can
give information respecting the subject matter of the enquiry, and the person
so summoned shall be bound to attend at the time and place specified in the
summons and to answer all questions which the Commissioner may put to
him.

(2) If the Commissioner is of opinion that an offence has been committed or that
any complaint is well founded he may institute such proceedings, criminal or
civil, for and in the name of the worker as he shall deem necessary in the
circumstances.

8 Offences
Any person who hinders or obstructs the Commissioner or Health Officer acting in
the execution of his duty under this Act or who refuses to produce any document or
give any information lawfully required of him, or who produces a document or gives
information which he knows to be false, shall be liable to a fine of $100 or to
imprisonment for 6 months.

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PART III - WAGES AND HOURS OF WORK

9 Liability of worker for advances and loans
(1) The total amount of all loans or advances of wages or both made by an

employer to a worker or to a person in consideration of his taking up
employment as a worker shall not without the previous permission of the
Commissioner exceed an amount equivalent to the wages earned by the
worker during the previous month or if he has not been employed for that
period the wages he is likely to earn during 1 month.

(2) No worker shall be held to be liable for the amount of any loan or advance or
both made to him under the preceding subsection by his employer which
exceeds the amount authorised under subsection (1).

(3) Subject to the provisions of subsections (1) and (2), an employer may deduct
or stop from the wages payable to a worker —
(a) the actual or estimated cost to the employer of any materials, tools and

implements supplied by the employer to the worker at the latter's
request to be used by him in his occupation; and

(b) any sums advanced by the employer to the worker by way of loan or
advance of wages in anticipation of the regular period of payment of his
wages:

Provided that the total amount which may be stopped or deducted from the
wages of a worker in any pay period under the provisions of this subsection
shall not exceed one-third of the wages of the worker in that pay period.

10 Days and hours of work, and overtime rates, may be specified by
Commissioner etc.
After consultation with representatives of organisations of the workers in any
particular industry, occupation or area, and with representatives of organisations of
their employers, the Commissioner may by order specify the days and hours of work
for such workers and the rates at which they shall be paid for any work in excess of
that specified.

11 Task work
(1) Any employer and a worker may agree to the assignment of a task to be

performed by the worker as equivalent to work for a day of 8 hours and the
performance of such task shall, for the purposes of this Act, be equivalent to
working for a day.

(2) Nothing in this Part contained shall prevent any employer from agreeing with
any worker in his employment that the wages of such worker shall be paid at

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an agreed rate in accordance with the amount of work done and not by the
month or by the day.

12 Records concerning workers
Every employer shall keep records concerning his workers containing sufficient
information to form a full record of the workers and of the terms and conditions of
their employment and, in addition to any other record, shall keep a register or check
roll showing the names of the workers, place of recruitment, nature of employment,
rate of wages, amount and value of rations (if any), amount earned, advances,
deductions, net amount due, amount paid and any bonus due whether paid monthly
or at the end of the contract.

13 Period for which wages payable
In any contract it may be stipulated, subject to the provisions of section 10, that
wages shall only be payable for days actually worked, for public holidays, and for
days other than Sundays or other rest days on which through no fault of the worker
no work is provided by the employer.

14 Payment of wages
(1) Where the wages of a worker are payable monthly they shall be paid not later

than 1 day after the expiration of the period in respect of which they are due.

(2) All wages due to a worker whose contract is terminated by expiry of the
period for which it was made shall be paid to him on the day on which such
agreement or contract terminates.

(3) All wages due to a worker whose contract is terminated by his employer shall
be paid to him on the day on which such contract is terminated, or if this is
not possible, on the first day, not being a rest day or public holiday, after the
day on which such agreement or contract is terminated.

(4) All wages due to a worker who terminates his contract with his employer after
he has given due notice to such employer as required under section 3 or under
section 63 shall be paid to him on the day on which such agreement or
contract is terminated.

(5) If a worker terminates his contract without giving notice to his employer as
required by the terms of any contract or if the required notice having been
given the worker terminates his contract without waiting for the expiry of
such notice, all wages due shall be paid to him before the expiry of the tenth
day after the day on which he terminates his contract:

Provided that the employer may, subject to any order made by a court or the
Commissioner to the contrary, deduct from the wages due to the worker such

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sum as the worker is liable to pay in lieu of notice according to the terms of
his contract, if any.

(6) The Commissioner may in the case of any wages paid in any particular
industry, or by any particular employer, by order extend by any period not
exceeding 5 days any of the periods within which wages are required to be
paid by any of the preceding provisions of this section.

15 Payment in stores, etc., prohibited
No wages shall be paid to any worker —

(a) at or within any shop or store;
(b) at any place or premises where intoxicating liquors are sold; or
(c) at any place of amusement:

Provided that this section shall not apply to any worker who is normally employed
in any such shop, store, place or premises.

16 Wages to be paid in legal tender
(1) Except where otherwise expressly provided by this or any other Act the entire

amount of the wages earned by, or payable to, any worker in respect of any
work done by him shall be actually paid directly to him in legal tender and
every payment of, or on account of, any such wages made in any other form
shall be illegal, null and void.

(2) Nothing contained in this section or in section 17 of this Act shall be
construed to prevent or to render invalid any contract for the payment to the
credit of any bank account in the name of the worker any payment in
pursuance of such contract or any actual payment by cheque made payable to,
or the order of, any worker of the whole or any part of his wages if such
worker shall have consented in writing to such contract of payment, payment
in pursuance thereof or actual payment by cheque.

17 Contracts to pay any wages otherwise than in legal tender, illegal
In any contract for the employment of any worker or for the performance by any
worker of any work, the wages of such worker shall, subject to the provisions of
section 16(2), be made payable in legal tender and not otherwise and if in any
contract provision is made for the whole or any part of such wages to be made
payable in any other manner, such provision shall be null and void.

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18 Stipulation as to place and manner of spending wages illegal
No employer shall provide in any contractor the employment of any worker any
terms as to the place at which, or the manner in which, or the person with whom,
any wages paid to the worker are to be expended and any such provision in a
contract between an employer and a worker shall be illegal, null and void.

19 Worker's right to recover
Every worker shall be entitled to sue for and recover by legal process so much of his
wages exclusive of sums lawfully deducted in accordance with the provisions of this
Act as shall not have been paid to him in accordance with the provisions of section
16.

20 Interest on advances forbidden
No employer shall make any deductions by way of discount, interest or any similar
charge on account of any advance of wages made to any worker.

21 Certain deductions from wages may be made
(1) Notwithstanding anything to the contrary in this Act contained, an employer

may with the consent of the worker make deductions from the wages of that
worker and pay to the appropriate person or account any contributions to
provident or pension funds or schemes to which the worker has agreed to
contribute, and which the Commissioner has approved.

(2) Subject to the provisions of subsection (1) and except where otherwise
expressly permitted by the provisions of any law no employer shall make any
deduction or make any agreement or contract with a worker for any deduction
from wages to be paid by the employer to the worker or for any payment to
the employer by the worker for or in respect of any lost time, or of bad or
negligent work or of injury to the materials or other property of the employer.

(3) No worker shall be required to make a direct or indirect payment for the
purpose of obtaining or retaining employment and no deduction may be made
from the wages of a worker for this purpose by an employer or his
representative or a recruiter.

22 Remuneration other than wages
(1) No contract with any worker containing a provision that he shall receive food,

or a dwelling place in addition to a monetary wage as remuneration for his
services shall be illegal by reason only of such a provision, but the value of
any food or dwelling place so provided shall be expressed in monetary terms
in any such contract.

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(2) No employer shall give, or agree to give, any intoxicating liquor or any
noxious drug to any worker by way of remuneration.

23 Employer's shops
(1) Nothing in this Part shall prevent an employer from establishing a shop for the

sale of food and domestic goods to his workers at prices which are in the
opinion of the Commissioner fair and reasonable and which are marked or
exhibited in such manner as the Commissioner may require but such employer
shall not compel any worker to purchase food and domestic goods at such
shop.

(2) No employer shall trade with any worker or establish or keep a shop on any
place of employment otherwise than in accordance with the preceding
subsection.

(3) No person employed at any place of employment as a manager or an overseer
shall traffic on such place on his own account with any worker employed
under or together with him nor shall such person be either directly or
indirectly financially concerned in the management of any shop wheresoever
it be situated which is used or maintained for the purpose of supplying
commodities of any kind whatsoever to those employed under or together
with such person.

24 Power of employer to exempt himself if other person proved actual
offender and proceedings against such a person in first instance
(1) Where any employer is charged with an offence against this Part, he shall be

entitled, upon information duly laid by him and on giving to the prosecution
not less than 3 days' notice in writing of his intention, to have any other
person, whether or not employed by him, whom he charges as the actual
offender brought before the court at the time appointed for hearing the charge;
and if, after the commission of the offence has been proved, the employer
proves to the satisfaction of the court —
(a) that he has used all due diligence to enforce the provisions of this Part;

and
(b) that the said other person had committed the offence in question

without his consent, connivance or knowledge,

that other person shall be summarily convicted of the offence, and the
employer shall not be guilty of the offence, and the person so convicted shall,
in the discretion of the court, be also liable to pay any costs incidental to the
proceedings.

(2) Where an employer seeks to avail himself of the provisions of the preceding
subsection, the prosecution, as well as the person whom the employer charges
with the offence, shall have the right to cross-examine him, if he gives

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evidence, and any witnesses called by him in support of his pleas, and to call
rebutting evidence.

(3) Where it appears to the Commissioner that an offence has been committed in
respect of which proceedings might be taken under this Part against some
employer and the Commissioner is reasonably satisfied that the offence was
due to the act or default of some other person and that the employer could
establish a defence under subsection (1), then the Commissioner may cause
proceedings to be taken against the person who committed the offence
without first causing proceedings to be taken against the employer. In any
such proceedings the said person who committed the offence may be charged
with, and, on proof that the contravention was due to his act or default, be
convicted of, the offence with which the employer might have been charged.

25 Penalties
Any employer who —

(a) fails to pay wages in accordance with the provisions of this Part; or
(b) gives any remuneration for services contrary to the provisions of this

Part, or makes any deductions from the wages of any worker or
receives any payment from any worker contrary to the provisions of
this Part; or

(c) trades with his workers or keeps a shop otherwise than in accordance
with the provisions of this Part; or

(d) contravenes or fails to comply with any order of the Commissioner
made under this Part;

and any person employed at a place of employment, who contravenes the provisions
of section 23(3) shall be liable to a fine of $100 or in default of payment thereof to
imprisonment for 6 months.

PART IV - MINIMUM WAGE

26 Interpretation
In this Part, unless the context otherwise requires, the term “minimum wage” means
the minimum rate of wages fixed as in this Part provided in respect of the particular
occupation followed by the person concerned and applicable to that person.

27 Fixing of minimum wage
(1) The Minister may by order fix minimum rates of wages for workers in any

occupation or in any class or grade of any occupation in Tuvalu, either

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generally or in any specified area or district, in any case in which he is
satisfied that the minimum rate of wages being paid to any persons employed
in any such occupation is unreasonably low.

(2) Before making any order under this section fixing a minimum rate of wages
for any workers the Minister shall consult with the representatives of the
employers of such workers and with representatives of the workers.

28 Penalty for not paying wages in accordance with minimum rate
(1) Where any minimum rate of wages has been fixed under this Part, an

employer shall in cases to which the minimum rate is applicable pay wages to
the person employed at not less than the minimum rate, and if he fails to do so
shall be liable in respect of each offence to a fine of $40, and to a fine of $10
for each day on which the offence is continued after conviction therefore.

(2) On conviction of an employer under this section for failing to pay wages at
not less than the minimum rate to a person employed, the court may by the
conviction adjudge the employer convicted to pay in addition to any fine such
sum as appears to the court to be due to the person employed on account of
wages, the wages being calculated on the basis of the minimum rate, but the
power to order the payment of wages under this provision shall not be in
derogation of any right of the person employed to claim recovery of wages
due to him by civil proceedings.

29 Miscellaneous provisions with regard to legal proceedings
(1) Where any employer has been convicted for failing to pay wages at not less

than the minimum rate to any person employed by him, and notice of
intention so to do has been served with the summons, evidence may be given
of any failure on the part of the employer to pay wages at not less than the
minimum rate to such person at any time during the 2 years immediately
preceding the date on which the complaint was made, and on proof of the
failure the court may order the employer to pay to such person such sum as in
the opinion of the court represents the difference between the amount which
having regard to provisions in this Part ought properly to have been paid by
way of wages during those years and the amount actually so paid.

(2) Where it appears to the Commissioner that any sum is due by employer to any
person by reason of the fact that wages have been paid to him at less than the
minimum wage applicable, and that it is not possible to recover the sum so
appearing to be due or some part of that sum by means of proceedings under
this section, the Commissioner may, if it appears expedient so to do by reason
of the refusal or neglect of such person to take the necessary proceedings, on
behalf of and in the name of such person institute civil proceedings before any
court of competent jurisdiction for the recovery of the said sum.

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30 Offence by agent
Where an employer who is charged with an offence against this Part proves to the
satisfaction of the court that he has used due diligence to enforce the execution of
this Part and the offence was in fact committed by his agent or some other person
without his knowledge, consent or connivance, he shall in the event of the
conviction of that agent or other person for the offence be discharged in respect of
the offence, without prejudice however to the power of the court under this Part to
adjudge him to pay any sum which appears to the court to be due to the person
employed on account of wages.

31 Employers not to receive premium where minimum rates in force
(1) Where a person employed in any occupation being a person to whom a

minimum wage applies, is an apprentice or learner, it shall not be lawful for
his employer to receive directly or indirectly from him, or on his behalf, or on
his account any payment by way of premium:

Provided that nothing in the foregoing provisions shall apply to any such
payment duly made in pursuance of any instrument of apprenticeship
executed within 3 months of the commencement of the employment.

(2) If an employer acts in contravention of the provisions of this section he shall
be liable in respect of each offence to a fine of $40, and the court may upon
conviction in addition to imposing a fine adjudge him to repay to the person
by whom the payment was made the sum improperly received by way of
premium.

32 Prevention of evasion
Any shopkeeper, dealer or trader who by way of trade makes any arrangement,
express or implied, with any person in pursuance of which the person performs any
work for which a minimum wage has been fixed, shall be deemed for the purpose of
this Part to be the employer of such person, and the net remuneration obtainable by
such person in respect of the work, after allowing for his necessary expenditure in
connection with the work, shall be deemed to be wages.

33 Exemption
(1) The Commissioner may issue permits of exemption to infirm or disabled

persons authorising the employment of such persons at less than the minimum
wage fixed in respect of the occupation in which such persons are employed,
and such permits may specify the conditions under which such persons may
be so employed and the wage conditions specified in such permit shall, for the
purposes of this Part, be deemed to be the minimum wage.

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(2) Any minimum rate of wages may, with the written permit of the
Commissioner, be subject to abatement by collective agreement; and
thereupon during the continuance of such collective agreement the wage and
conditions specified in such permit shall be deemed to be the minimum wage
fixed in respect of the employed persons who are a party to such collective
agreement.

(3) Save as in this section provided, any agreement for the payment of wages at
less than the minimum rate fixed under this Part shall be void.

PART V - RECRUITING OF WORKERS

34 Interpretation
In this Part —

“licence” means a licence issued under this Part;

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

“professional recruiter” means a person who for remuneration recruits
workers;

“recruiting”, with its grammatical variations, includes all operations
undertaken with the object of obtaining or supplying the labour of workers
who do not spontaneously offer their services at the place of employment or at
a public emigration or employment office, or at an office conducted by an
employers' organisation and supervised by the Commissioner and the noun
“recruit” means a worker who has been recruited;

“worker-recruiter” means a person who, being a worker, is authorised in
writing by his employer to recruit workers on behalf of his employer, but who
does not receive any remuneration or other advantages for such recruiting.

35 Recruiting of workers to be under licence
(1) The Commissioner may in his discretion issue licences to fit and proper

persons to recruit workers.

(2) Save as in this section hereinafter provided it shall be an offence for any
person to recruit workers except in accordance with the terms of a licence
duly issued by the Commissioner under this Part.

(3) It shall be lawful for an employer, either in person or by some other person
acting on his behalf other than a professional recruiter, to recruit workers
without a licence where —
(a) the employer does not employ more than 25 workers at any one time; or

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(b) the workers are to be employed within the island of recruitment or
within 25 miles of the place of recruitment; or

(c) the workers are to be employed on personal or domestic service or upon
non-manual work.

36 Matters to be considered before granting licence
In the exercise of his discretion to grant or refuse a licence under this Part the
Commissioner shall take into consideration possible effects of the withdrawal of
adult males on the social life and organisation of the population and in particular
shall consider —

(a) the density of the population;
(b) the possible effects of the withdrawal of adult males on the health,

welfare and development of the population particularly in connection
with the food supply;

(c) the dangers to the family and morality generally arising from the
withdrawal of adult males.

37 Restriction on recruitment
The Commissioner may by order prohibit or restrict the recruiting of workers in any
area in Tuvalu if he considers it expedient to do so in the interests of the inhabitants
thereof; and any recruiting licence in force relating to such area shall be valid only
so far as it does not conflict with such order.

38 Application for recruiting licence
Before issuing any licence the Commissioner —

(a) may require the applicant to show to his satisfaction that adequate
provision has been made for safeguarding the health and welfare of the
workers to be recruited;

(b) shall, if the workers to be recruited are intended to be employed beyond
Tuvalu, satisfy himself that all necessary measures have been taken for
the protection of the recruits beyond the limits of Tuvalu;

(c) may require the applicant to furnish financial or other security for
proper conduct as a licensee;

(d) may require the licensee, if an employer, to furnish financial or other
security for the payment of wages due.

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39 Conditions of recruiting licence
(1) A licence shall be subject to such conditions as the Commissioner may think

necessary to impose and such conditions shall be endorsed upon the licence.

(2) Without prejudice to the generality of the provisions of the preceding
subsection the Commissioner may impose conditions relating to all or any of
the following matters —
(a) the period during which and the places from which workers may

be recruited;
(b) the number of workers who may be recruited during a specified period

or from a specified place;
(c) the manner in which recruited workers shall be transported from their

homes or from the place of engagement to the place of employment;
(d) the vessel or vessels which may be used in transporting

recruited workers;
(e) the reports or returns to be made by recruiters;
(f) the maintenance and welfare of the recruits from the time of

recruitment until the time their employment begins;
(g) the return of the workers to their homes upon conclusion of their

employment.

(3) The Commissioner may make it a condition of the licence that —
(a) the recruits shall be grouped at the place of employment under suitable

conditions;
(b) each recruit shall be issued with a document containing particulars of

the identity of the recruit, the prospective conditions of employment,
any advances of wages made to him and such other particulars as the
Commissioner may require.

40 Term of licence
A recruiter's licence shall be valid for a period of 12 months from the date of issue
and shall not be transferable and shall be produced on the demand of the
Commissioner or a police officer.

41 Professional recruiters
No professional recruiter shall be licensed unless he is recruiting for a department of
the Government of Tuvalu or for one or more specific employers or an organisation
of employers, and produces to the Commissioner the written authorisation of such
department of the Government of Tuvalu, or employer, or organisation of
employers.

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42 Cancellation of licence
The Commissioner may cancel any licence in any case where the licensee has been
convicted of an offence against the provisions of this Act or has not complied with
the conditions under which it was granted, or is guilty of conduct which in the
opinion of the Commissioner renders him no longer a fit and proper person to hold a
licence; and the Commissioner may suspend any licence pending the making of any
inquiry which he may consider necessary or where proceedings are taken against the
licensee pending the decision of the court.

43 Persons under the age of 18 not to be recruited
No person shall recruit a worker under the apparent age of 18:

Provided that the Commissioner may permit workers under that age, but of or above
the age of 15 years, to be recruited with the consent of their parents or guardians for
employment in Tuvalu upon light work subject to such conditions as he may impose.

44 Provisions relating to the family of recruit
(1) The recruiting of the head of a family shall not be deemed to involve the

recruiting of any member of his family.

(2) In default of an express agreement to the contrary there shall be implied in
any agreement for a member of his family to accompany a recruit a condition
that the said member may remain with him during the period of his contract.

45 Chiefs and public officers not to recruit or assist recruiting
(1) No chief or person holding any public office shall directly or indirectly

procure or assist in procuring recruits or receive from any source whatsoever
any consideration for so doing.

(2) No person shall give or promise to give a chief or public officer any
consideration as an inducement to such chief or public officer to procure or
assist in procuring recruits, or as a reward for having so procured or assisted
in procuring recruits.

46 Licensees' assistants to obtain a permit
(1) No person shall assist a licensee in the recruiting of workers unless he has

been approved by the Commissioner and has been furnished with a permit by
the licensee.

(2) Licensees shall be responsible for the proper conduct of such assistants.

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47 Remuneration of licensees' agents
A licensee who employs another licensee as his agent otherwise than on a fixed
salary shall not remunerate the agent at the rate of more than $4 per head of the
workers recruited, or at such other rate as may be prescribed.

48 Licensees to keep records
Every licensee shall keep in such form as the Commissioner may require records of
his recruiting operations.

49 Examination of recruits
(1) Workers recruited under licence shall, before their employment begins —

(a) be brought before the Commissioner; and
(b) be medically examined by a medical officer or, if such be not available,

a person approved for that purpose by the Health Officer as near as may
be convenient to the place of recruitment:

Provided that, where it has been impracticable for the worker to be medically
examined before his employment begins, the Commissioner may authorise the
departure prior to medical examination of a worker, if he considers that the
worker is fit for the journey and the prospective employment, and if he is
satisfied that the worker will be medically examined on arrival at the place of
employment or as soon as possible thereafter.

(2) The Commissioner when any such recruit is so brought before him shall
satisfy himself that the provisions of this Part, and of any regulations made
thereunder, have been observed, and that the recruit has not been subjected to
pressure or recruited by misrepresentation or mistake.

50 Recruiter to defray expenses of journey, etc.
(1) The recruiter shall defray all expenses connected with the journey of the

workers to the place of employment and shall ensure that whenever possible
suitable transport is provided and in all cases adequate accommodation, food,
water and medicines.

(2) In the event of the death of any recruited worker or of any dependant
occurring during any journey to the place of employment from the place of
recruitment the recruiter shall provide decent interment and pay the
reasonable expenses of burial.

51 Return to home of recruit and his family in certain circumstances
(1) A recruit who —

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(a) becomes incapacitated by sickness or accident during the journey to his
place of employment; or

(b) is found on medical examination to be unfit for employment; or
(c) is not engaged after being recruited, for a reason for which he is not

responsible; or
(d) is found by the Commissioner to have been recruited by pressure or by

misrepresentation or mistake,

and the family of such recruit and the family of a recruit who dies during the
journey to the place of employment shall be returned to their homes at the
expense of the recruiter or employer who shall be jointly and severally liable
for the same.

(2) Should a recruiter and employer fail to fulfil their obligations under this
section the said obligations may be discharged by the Commissioner and the
costs thereof met out of public moneys and recovered from the recruiter or
employer as the case may be as a civil debt.

(3) A recruit who without reasonable excuse fails to avail himself of any proper
and lawful facilities for repatriation afforded by a recruiter or employer shall
forfeit his right to repatriation under his section.

52 Advances against wages
(1) Any advance made to a recruit before he takes up his employment shall not

exceed an agreed month's wages, and not more than one-quarter of such
advance shall be recovered out of each month's wages; and no advance made
in excess of 1 month's wages shall be recoverable from the recruit.

(2) A worker-recruiter shall not make advances of wages to recruits.

53 Penalty
Any person who acts in contravention of, or fails to comply with, any of the
provisions of this Part, or who shall recruit any person by means of any fraud,
falsehood, intimidation, coercion or misrepresentation, shall be liable to a
fine of $50.

PART VI - WRITTEN CONTRACTS OF EMPLOYMENT

54 Interpretation
In this Part, unless the contrary intention appears, the term “contract” means a
contract which is required by section 55 to be made in writing.

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55 Certain contracts to be in writing
(1) Save as provided in subsection (2) a contract of employment by which a

worker enters the service of an employer as a manual worker for
remuneration, and which —
(a) is made for a period exceeding 1 month or for more than 30 working

days; or
(b) stipulates conditions of employment which differ materially from those

customary in the district of employment for similar work,

shall be made in writing, and shall be signed by the parties in the presence of
and be attested by the Commissioner.

(2) This section shall not apply —
(a) except as provided by section 99, to contracts of apprenticeship made in

accordance with Part X; or
(b) to contracts under which the only or principal remuneration granted to

the worker is the occupancy or use of land belonging to his employer.

(3) If a contract which is required to be made in writing and attested has not been
made in writing and attested as required by this section, it shall be deemed to
be a contract of employment from month to month determinable as provided
by the provisions of section 3.

(4) If an omission to make any contract in writing or to have any contract
attested, in breach of subsection (1), is due to the wilful act or negligence of
the employer, the worker shall be entitled to apply to the Commissioner for
the cancellation of such contract under section 64, and for an award of
compensation and order by the Commissioner under the said section.

(5) Except as provided in section 61(3), all the provisions of this Part relating to
contracts shall apply to contracts providing for the re-engagement of workers:

Provided however that it shall be lawful for the Commissioner acting in his
discretion to exempt any such contract from the provisions of section 59.

56 Form and particulars of contract
Every contract shall be in triplicate and shall contain in clear and unambiguous
terms all that may be necessary to define the rights and obligations of the parties
thereto and shall in all cases include the following particulars —

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

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

(c) where possible the names and addresses of the next of kin of
the worker;

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(d) the nature of the employment;
(e) the duration of the employment and the method of calculating this

duration;
(f) the appropriate period of notice to be given by the party wishing to

terminate the contract due regard being had to the provisions of section
63 and to the fact that such provisions refer to an equitable settlement
of monetary and other questions;

(g) the rate of wages and method of calculation thereof, the manner and
periodicity of payment of wages, the advances of wages, if any, and the
manner of repayment of any such advances;

(h) the measures to be taken to provide for the welfare of the worker and
any dependant who may accompany him under the terms of the
contract;

(i) the conditions of any repatriation; and
(j) any special conditions of the contract.

57 Attestation of contracts
(1) Every contract shall be presented to the Commissioner for attestation, and

before attesting any such contract the Commissioner shall —
(a) ascertain that the employee fully understood the terms of the contract

before signing it, has freely consented to the contract, and that his
consent has not been obtained by coercion or undue influence, or as the
result of misrepresentation or mistake; and

(b) satisfy himself that —
(i) the contract is in due legal form;
(ii) the terms of the contract are in accordance with the requirements

of this Act and any other Act for the time being in force;
(iii) that the provisions of the law relating to medical examination

have been complied with;
(iv) that the terms of the contract are not manifestly unfair to the

worker; and
(c) require the worker to declare himself not bound by any

previous engagement.

(2) The Commissioner may refuse to attest any contract in respect of which he is
not satisfied in regard to any of the matters set out in subsection (1) and any
contract the Commissioner has refused to attest shall have no further validity.

(3) If the omission to make any contract in writing or present any contract to the
Commissioner for attestation is due to the wilful act or the negligence of the
employer, the worker shall be entitled to apply to the Commissioner for the

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cancellation of such contract under section 64 and for an award of
compensation and order by the Commissioner under the said section.

(4) Any agreement not made in writing when required by this Part to be so made
and any contract not attested in accordance with the provisions of this Part
shall not be enforceable except during the period of 1 month from the making
thereof but either party shall be entitled to have any such agreement drawn up
in writing or any such contract presented for attestation, as the case may be, at
any time prior to the expiry of the period for which it was made.

58 Disposal of copies of contract
When the contract has been attested the Commissioner shall deliver 1 copy to the
employer, and 1 copy to the worker.

59 Medical examination
(1) The employer shall cause every worker who enters into a contract to be

medically examined by a medical officer or a person approved for that
purpose by the Health Officer.

(2) Such examination shall be made and a medical certificate of fitness for the
type of work upon which he is to be engaged issued before the attestation of
the contract:

Provided that, where it has been impracticable to have the worker so
medically examined before the attestation of the contract, the attesting officer
may dispense with the requirement but shall in such case endorse the contract
to this effect, and the worker shall be so examined at the earliest possible
opportunity thereafter.

(3) The Commissioner may exempt from the requirement of medical examination
workers entering into contracts for —
(a) employment in any agricultural undertaking not employing more than

25 workers; or
(b) employment in the vicinity of the worker's home on work which is not

of a dangerous character or likely to be injurious to the health of the
workers.

60 Workers under 18 years may not enter into contract
Workers whose age is, or appears to the Commissioner to be, less than 18 years shall
not be capable of entering into a contract.

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61 Maximum duration of contracts
(1) The maximum period of service which may be stipulated or implied in any

contract involving a journey within Tuvalu from the place of recruitment to
the place of employment or a journey from a place of recruitment in Tuvalu to
a place of employment in the Island of Nauru shall in no case exceed 12
months if the worker is not accompanied by his family or 2 years if he is so
accompanied.

(2) The maximum period of service which may be stipulated or implied in any
contract involving a journey from a place of recruitment in Tuvalu to a place
of employment (not being in the Island of Nauru) outside Tuvalu shall in no
case exceed 2 years if the worker is not accompanied by his family or 3 years
if the worker is accompanied by his family.

(3) The maximum period of service which may be stipulated or implied in any
contract providing for the re-engagement of any worker upon the expiration of
any contract made by him shall not, in any case in which the last-mentioned
contract is one to which subsection (1) applies, exceed 21 months if the
worker is accompanied by his family or 12 months if he is not, or, in any case
in which such last-mentioned contract is one to which subsection (2) applies,
exceed 33 months if such worker is accompanied by his family or 21 months
if he is not:

Provided however that if service for the period stipulated or implied in a
contract for the re-engagement of any worker upon the expiration of a
contract, together with the period served under such last-mentioned contract at
the time of its expiration, will involve the separation of such worker from his
family for any period in excess of 18 months, such worker shall not begin
service under the contract providing for his re-engagement until he has had
the opportunity to return to his home at his employer's expense:

Provided further that the Commissioner may grant an exemption from the
provisions of this section when he considers its application impracticable or
undesirable.

(4) The Commissioner may after consultation with any employers' and workers'
organisations representative of the interests concerned, exclude from the
application of this section contracts entered into between employers and
literate workers whose freedom of choice in employment in satisfactorily
safeguarded; such exclusion may apply generally, or to workers in any
specified industry or undertaking or to special groups of workers.

62 Transfer to other employment
(1) The transfer of any contract from one employer to another shall be subject to

the consent of the worker and the endorsement of the transfer upon the
contract by the Commissioner.

(2) Before endorsing the transfer upon the contract the Commissioner —

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(a) shall ascertain that the worker has freely consented to the transfer and
that his consent has not been obtained by coercion or undue influence
or as a result of misrepresentation or mistake; and

(b) in any case in which by such transfer the worker —
(i) will change his form of employment from one which is the

subject of an exemption made under the provisions of section
59(3); or

(ii) will be subject to such change in conditions as in the opinion of
the Commissioner renders such a course advisable,

may require the worker to be medically examined or re-examined as the
case may be by a medical officer or other person approved for that
purpose by the Health Officer.

63 General termination of contract
(1) A contract shall be terminated —

(a) by the expiry of the period for which it was made; or
(b) by the death of the employer or worker before the expiry of the term for

which it was made.

(2) The termination of a contract by the death of the worker shall be without
prejudice to the lawful claims of any person entitled to claim through or under
him.

(3) If the employer is unable to fulfil a contract or if owing to the sickness or
accident the worker is unable to fulfil the contract, the contract may be
terminated with the consent of the Commissioner subject to conditions
safeguarding the right of the worker to wages earned, any deferred pay due to
him, any compensation due to him in respect of accident or disease, and his
right to repatriation.

(4) A contract may be terminated by agreement between the parties with the
consent of the Commissioner subject to conditions safeguarding the worker
from the loss of his right to repatriation unless the agreement for the
termination of the contract otherwise provides and to the Commissioner being
satisfied —
(a) that the worker has freely consented to the termination and that his

consent has not been obtained by coercion or undue influence or as the
result of misrepresentation or mistake; and

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

(5) A contract other than a contract to perform some specific work without
reference to time, may be terminated by either party giving to the other notice
of such termination in accordance with the terms of the contract, the minimum
requirements of which shall be —

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(a) where the duration is for more than 1 month the period of notice shall
be not less than 14 days and may be given only after the expiry of the
first month of employment, or

(b) where the duration is for 1 month or less the period of notice shall be
not less than 7 days:

Provided that an equitable settlement of monetary and other conditions
including the question of repatriation shall be agreed upon between the
worker and the employer, and in default of such agreement either party may
refer the matter to the Commissioner who shall make such order, including
the award of any subsistence expenses reasonably incurred pending such
order, as may be just and equitable.

64 Cancellation of contract by Commissioner
(1) A contract may be cancelled by an order of the Commissioner if the worker is

subject to ill-usage in person or property or if in pursuance of the provisions
of this Act the worker applies to the Commissioner so to do and in such event
the Commissioner may award the worker reasonable compensation and order
it to be paid by the employer.

(2) It shall be a defence to any charge of failing to comply with an order for the
payment of compensation under this section that the amount of such
compensation was unreasonable but the onus of establishing such
unreasonableness shall be upon the defendant in the proceedings.

65 Dismissal by the employer without notice
An employer shall not dismiss a worker employed by him without notice except in
the following circumstances —

(a) where the worker is guilty of misconduct, whether in the course of his
duties or not, inconsistent with the fulfilment of the express or implied
conditions of his agreement;

(b) for wilful disobedience to lawful orders given by the employer;
(c) for lack of the skill which the worker expressly or implicitly warrants

himself to possess;
(d) for habitual or substantial neglect of his duties;
(e) for absence from work without leave from the employer or absence

without other reasonable cause.

66 Contracts for service outside Tuvalu
Where any contract made in Tuvalu relates to employment in any place
outside Tuvalu —

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(a) the attestation of the contract required by section 55 shall take place
before the Commissioner before the worker leaves Tuvalu;

(b) the medical examination required by section 59 shall take place at the
latest at the place of departure of the worker from Tuvalu;

(c) a person whose apparent age is less than either the minimum age
prescribed in section 60 or the minimum age of capacity for entering
into a contract allowed by the law of the place of employment if such
minimum age is higher than that prescribed in section 60 shall not be
capable of entering into a contract;

(d) the contract shall contain a provision that it is not transferable unless
such transfer is endorsed on the contract by a public officer of the place
of employment;

(e) the duration stipulated in the contract shall not exceed either the
maximum period prescribed in section 61 or the maximum period
prescribed by the law of the place of employment whichever is less;

(f) if the laws of the place of employment are substantially the same as this
Part the conditions under which the contract is subject to termination
and any question of exemption from liability for repatriation shall be
determined by the law of the place of employment;

(g) if the laws of the place of employment differ from the laws of Tuvalu in
respect to repatriation the Commissioner may require such deposit or
security from the employer as he deems necessary and such deposit or
security may be used to defray the costs of repatriation at the discretion
of the Commissioner;

(h) the Commissioner shall co-operate with the appropriate authority of the
place of employment to ensure the application of the provisions of
section 71(2);

(i) the Commissioner may require the employer to deposit cash or enter
into a bond as security for the cost of repatriation of the worker.

67 Extraterritorial contracts for employment in Tuvalu
When a contract made in any place outside Tuvalu (in this section referred to as the
place of origin) relates to employment in Tuvalu —

(a) If such place of origin has enacted laws substantially the same as this
Part and the parties to the contract have complied with all the
provisions of such laws prior to the worker leaving such place of origin,
then —
(i) the endorsement of a transfer on a contract shall be made by the

Commissioner as provided in section 62;
(ii) the conditions under which the contract is subject to termination

shall be determined by the provisions of this Act;

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(iii) if the employer fails to fulfil his obligations in respect of
repatriation the said obligations may be discharged by the
Commissioner as provided in section 69 and such expenses may
be recovered from the employer as a debt due to
the Government;

(iv) the authority which may exempt the employer from liability for
repatriation expenses and exercise any other powers conferred
upon a competent authority in the place of origin shall be the
Commissioner;

(v) the Commissioner shall co-operate with the appropriate authority
of the place of origin to ensure the application of the provisions
of section 71(2).

(b) If such place has not enacted laws substantially the same as this Part or
if it has enacted such laws and any party to the contract has not fully
complied with any provisions thereof in respect of such contract then
the whole of the provisions of this Part or such portion thereof as has
not been complied with shall be complied with immediately upon the
arrival of the worker in Tuvalu and thereafter the provisions of this Part
shall be deemed to apply mutatis mutandis as if such contract had been
entered into in Tuvalu.

68 Employment of immigrant workers
No person shall knowingly employ any immigrant worker unless he has obtained a
licence from the Commissioner to do so in such form and subject to such conditions
as may be prescribed:

Provided that, for the purposes of this section, if an immigrant worker has
terminated his contract in accordance with the provisions of section 63 he shall not
be regarded as an immigrant worker.

69 Rights and obligations of worker and employer in respect of
repatriation
(1) Every worker who is a party to a contract under this Act and who has been

brought to the place of employment by an employer or by any person acting
on behalf of the employer shall have the right to be repatriated at the expense
of the employer to his place of origin or to the place of engagement, if the
latter be nearer to the place of employment and the laws of the place of
engagement permit, in the following cases —
(a) on the termination of the contract by expiry of the period for which it

was made;
(b) on the termination of the contract by reason of the inability of the

employer to fulfil the contract;

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(c) on the termination of the contract by reason of inability of the worker to
fulfil the contract owing to sickness or accident;

(d) on the termination of the contract by notice subject to the provisions of
the particular contract and Part VI of this Act;

(e) on the cancellation of the contract under section 64;
(f) on the termination of the contract by agreement between the parties,

unless the Commissioner otherwise decides.

(2) Where any dependant of the worker has been brought to the place of
employment by the employer or by any person acting on behalf of the
employer such dependant shall be repatriated at the expense of the employer
whenever the worker is repatriated or in the event of his death.

(3) The expenses of repatriation shall include —
(a) travelling and subsistence expenses during the journey; and
(b) subsistence expenses during the period, if any, between the date of

termination of the agreement or contract and the date of repatriation;
and

(c) provision of decent interment and the payment of the reasonable
expenses of burial in the event of death of a worker occurring during
the course of, or pending, repatriation.

(4) The employer shall not be liable for subsistence expenses in respect of any
period during which the repatriation of the worker has been delayed —
(a) by the worker's own choice; or
(b) for the reasons of force majeure unless the employer has been able

during the said period to use the services of the worker at the rate of
wages stipulated in the expired contract.

(5) Every immigrant worker who is ordered to leave Tuvalu in accordance with
the provisions of any law for the time being in force in Tuvalu shall be
repatriated at the expense of the employer to his place of origin or to the place
of engagement, if the latter be nearer to the place of employment and the laws
of the place of engagement permit.

(6) If the employer fails to fulfil his obligation in respect of repatriation the said
obligation shall be discharged by or under directions of the Commissioner and
any sum expended may be covered from the employer or employers by civil
suit as a debt due to the Government.

70 Exemption from obligation to repatriate
The Commissioner may exempt the employer from liability for repatriation expenses
in the following cases —

(a) when the Commissioner is satisfied —

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(i) that the worker by a declaration before the Commissioner has
signified that he does not wish to exercise his right to
repatriation; and

(ii) that the worker has been settled at his request or with his consent
at or near the place of employment;

(b) when the Commissioner is satisfied that the worker by his own choice
has failed to exercise his right of repatriation before the expiry of 30
days from the date of termination of the agreement or contract;

(c) when the liability of the employer has been provided for under any of
the provisions of any fund established under the provisions of this Act
or any regulation thereunder;

(d) when the agreement or contract has been terminated otherwise than by
reason of the inability of the worker to fulfil the agreement or contract
owing to sickness or accident and the Commissioner is satisfied —
(i) that in fixing the rates of wages proper allowance has been made

for the payment of repatriation expenses by the worker; and
(ii) that suitable arrangements have been made by means of a system

of deferred pay or otherwise to ensure that the worker has funds
necessary for the payment of such expenses.

71 Employer to provide transport
(1) The employer shall whenever possible provide transport for workers who are

being repatriated.

(2) The Commissioner shall take all necessary measures to ensure and may give
such directions to the employer or to any person acting on behalf of the
employer as will ensure —
(a) that all vehicles or vessels used for transport of workers are suitable for

such transport, are in good sanitary condition and are not overcrowded;
(b) that when it is necessary to break the journey for the night suitable

accommodation is provided for the workers;
(c) that when the workers have to make long journeys on foot the length of

the daily journey is compatible with the maintenance of their health and
strength; and

(d) that in the case of long journeys suitable arrangements are made for
medical assistance and for the welfare of the workers.

(3) When the workers have to make long journeys in groups they shall be
conveyed by a responsible person to be approved by the Commissioner.

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72 Summaries of law
The Commissioner may cause to be printed in English or in any appropriate
language concise summaries of the provisions of this Part relating to contracts, and
every employer upon being directed so to do by the Commissioner and upon being
furnished by him with the aforesaid summaries shall exhibit the same in such
manner as the Commissioner may require.

73 Penalty
Any person who acts in contravention of, or fails to comply with, any of the
provisions of this Part, or an order made by the Commissioner pursuant thereto,
shall be liable to a fine of $100, and may, where the offence is under section 64, be
further ordered to pay such compensation as the Commissioner has awarded under
that section, which compensation shall be recovered as a fine.

PART VII - FORCED LABOUR

74 Interpretation
In this Part —

“forced or compulsory labour” means all work or service which is exacted
from any person under the menace of any penalty and for which the said
person has not offered himself voluntarily, but does not mean —
(a) any work or service exacted from any person as a consequence of a

conviction in a court of law:
Provided that the said work or service is carried out under the
supervision and control of a public authority and that the said person is
not hired or placed at the disposal of private individuals, companies, or
associations;

(b) any work or service exacted in case of emergency, that is to say, in the
event of war, or of a calamity or threatened calamity such as fire, flood,
famine, earthquake, violent epidemic or epizootic diseases, invasion by
animal, insect or vegetable pests, and in general any circumstances that
would endanger the existence or the well-being of the whole or part of
the population;

(c) unpaid labour on minor communal works lawfully required by a local
government council.

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75 Prohibition of forced labour
Any person who exacts, procures or employs forced or compulsory labour is guilty
of an offence and shall be liable to a fine of $100.

PART VIII - EMPLOYMENT OF WOMEN

76 Interpretation
For the purposes of this Part —

“night” means the interval between 6 o'clock in the evening and 6 o'clock the
next morning;

“women” includes all persons of the female sex.

77 Prohibition of employment of women at night
Women shall not be employed during the night in any undertaking, except where the
night work —

(a) has to do with raw materials or materials in course of treatment which
are subject to rapid deterioration; or

(b) is necessitated by an emergency which it was impossible to foresee and
which is not of a recurring character; or

(c) is that of a responsible position of management held by a woman who
is not ordinarily engaged in manual work; or

(d) is that of nursing and of caring for the sick, or other health or welfare
work; or

(e) is carried on in a cinematograph or other theatre while such theatre is
open to the public; or

(f) is carried on in connection with a hotel or guest house, or with a bar,
restaurant or club; or

(g) is carried on by a registered pharmacist; or
(h) is not prohibited by an international convention applying to Tuvalu and

is specifically declared by the Minister by order to be work upon which
women may be so employed.

78 Suspension of prohibition
The Minister may by order from time to time suspend the prohibition of the
employment of women during the night when in case of serious emergency the
public interest so demands.

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79 Prohibition of employment of women in mines
(1) No woman shall be employed on underground work in any mine:

Provided that this subsection shall not apply —
(a) to women holding positions of management who do not perform

manual work; or
(b) to women employed in health or welfare services.

(2) In this section the expression “mine” shall include any undertaking, whether
public or private, for the extraction of any substance from under the surface of
the earth.

80 Women employed to be permitted to be absent from work in certain
circumstances
(1) Notwithstanding any agreement to the contrary express or implied, an

employer shall allow a woman employee to leave her work upon production
by her of a medical certificate given by a medical practitioner stating that her
confinement will probably take place within 6 weeks, and shall not permit her
to work during the 6 weeks following her confinement.

(2) While absent from her work in pursuance of the provisions of subsection (1) a
woman employee shall be entitled to be paid not less than 25 per cent of the
wages she would have earned had she not been so absent.

(3) An employer shall allow a woman employee who is nursing a child half an
hour twice a day during her working hours for this purpose.

81 Restriction on dismissal of woman employee
No employer shall give notice of dismissal to a woman employee who is absent in
pursuance of the provisions of section 80, or who remains absent as a result of
illness certified by a medical practitioner to arise out of pregnancy or confinement
and rendering her unfit for work until such absence has exceeded in all a period of
12 weeks.

82 Penalty
Any person who acts in contravention of, or fails to comply with, any of the
provisions of this Part commits an offence and shall be liable to a fine of $50.

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PART IX - EMPLOYMENT OF CHILDREN AND OTHER
YOUNG PERSONS

83 Interpretation
(1) For the purposes of this Part —

“night” has the same meaning as in Part VIII; and

“ship” means any sea-going vessel or boat whatsoever (other than a ship of
war) engaged in maritime navigation, whether privately or publicly owned.

(2) The Minister for the purposes of this Part may by notice exclude from the
definition of “industrial undertaking” —
(a) processes conducted for the preservation and despatch of the

agricultural products of any particular undertaking or class of
undertaking; and

(b) undertakings in respect of which, from their nature and size, adequate
supervision may be impracticable.

84 Employment of children under 14 forbidden
A child under the age of 14 shall not be employed.

85 Employment of persons under 15
(1) A person under the age of 15 shall not be employed or work —

(a) in any industrial undertaking, or in any branch thereof except in
employment approved by the Minister; or

(b) on any ship.

(2) Nothing contained in the preceding subsection shall prevent the employment
of a person under the age of 15 years upon work upon a school-ship or a
training-ship when such work is approved and supervised by a public
authority.

86 Employment underground of male persons under 16
A male person under the age of 16 shall not be employed underground in any mine.

87 Employment of persons under 18
A male person under the age of 18 shall not be employed or work —

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(a) underground in any mine unless he has attained the age of 16 and
produces a medical certificate of a medical practitioner or a person
approved for that purpose by the Health Officer attesting his fitness for
such work;

(b) on any ship as a trimmer or stoker:
Provided that a male person between the ages of 16 and 18 may be
employed on a ship mainly propelled by means others than steam or as
a trimmer or stoker on a ship exclusively engaged in the coastal trade if
he is certified by a medical practitioner to be physically fit for such
work;

(c) on any kind of work on a ship unless certified by a medical practitioner
to be fit for such work:
Provided that in urgent cases the Commissioner may permit the
embarkation of a male person under the age of 18 without prior medical
examination, and in such case the employer shall at his own expense
have such person medically examined by a medical practitioner at the
first place of call at which there is a medical practitioner, and should
such practitioner not attest such person as fit for the work, the employer
shall at his own expense return such person as a passenger to the port or
place where he was engaged, or to his home, whichever is the nearer; or

(d) during the night in any industrial undertaking:
Provided that a male person over the age of 16 may be so employed
with the permission in writing of the Commissioner.

88 Register of young persons
Every employer in an industrial undertaking and every master of a ship shall keep a
register of all persons under the age of 18 years employed in such undertaking or on
such ship, and shall enter therein the names of such employed persons, the dates of
their birth and the dates when their employment begins and ceases; and such register
shall at all reasonable times be open to inspection by the Commissioner or other
officer authorised by him.

89 Presumption of age
(1) If in the case of proceedings in respect of an offence under the provisions of

this Part it is alleged by the person conducting the prosecution that the person
in respect of whom the offence was committed was under the age of 18, 16,
15 or 14, as the case may be, at the date of the commission of the alleged
offence the magistrate shall, after such inquiry as he may think necessary and
after hearing any evidence that may be tendered by either party to the
proceedings determine the age of the said person and such determination shall
be final.

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(2) It shall be a sufficient defence to any charge against an employer or master of
a ship for contravening or failing to comply with any provision of this Part if
it shall be made to appear to the court before which the charge is brought that
the person so charged had reasonable cause to believe that the child or other
young person employed was of an age at which the child or other young
person could be employed without contravening this Part.

90 Penalty
Any person who acts in contravention of, or fails to comply with, any of the
provisions of this Part, shall be liable to a fine of $50.

PART X - APPRENTICES

91 Interpretation
In this Part —

“guardian” includes any person lawfully having charge of a person under the
age of 16.

92 Contracts of apprenticeship of person over 14 and under 16
The parent or guardian of a person above the age of 14 and under the age of 16 years
may, with the consent of such person, apprentice him to an employer to train him or
have him trained systematically for a trade or employment in which art or skill is
required, for any term not exceeding 5 years.

93 The Commissioner may appoint person to execute contract of
apprenticeship
Whenever any person above the age of 14 years and under the age of 16 years is
without known parents or guardian, the Commissioner may, with the consent of such
person, appoint some fit and proper person to execute a contract of apprenticeship
on his behalf.

94 Contracts of apprenticeship of persons over 16 years
Any person of the age of 16 years or upwards, not being under any contract of
apprenticeship may apprentice himself for any term not exceeding 5 years, to any
trade or employment in which art or skill is required.

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95 Assignment of contracts of apprenticeship
A contract of apprenticeship may, with the consent of the parties endorsed thereon
and with the permission of the Commissioner, be assigned.

96 Attestation of contract of apprenticeship
A contract of apprenticeship shall not be valid unless it is in writing and is approved
and attested by the Commissioner.

97 Duties of Commissioner on attesting contract of apprenticeship
Before attesting any contract of apprenticeship the Commissioner shall
satisfy himself —

(a) that the apprentice has freely consented to the contract;
(b) that the apprentice has been medically examined and certified by a

medical practitioner to be physically and mentally fit to be employed
and trained in the trade or employment specified in the contract;

(c) that both parties to the contract have fully understood the terms of the
contract;

(d) that provision has been made in the contract as to how the apprentice's
remuneration is to be determined, and as to the scale of increments, if
any;

(e) that the provision has been made for payment of such remuneration
during illness and holidays, if any;

(f) that in any case where the apprentice is unable to return to his home at
the conclusion of each day, the contract contains adequate provision to
ensure that the apprentice is supplied with food, clothing,
accommodation and medical attention; and

(g) that the terms of the contract are in accordance with the provisions of
this Act.

98 Retention of apprentices after expiry of contract
If any person retains an apprentice in his service after the stipulated period of service
has expired without making any agreement for the payment of wages, the apprentice
shall be entitled to recover from such person wages at the current rate payable for
service similar to that performed by such apprentice.

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99 Powers of Commissioner
The provisions of section 63 of this Act relating to the powers of the Commissioner
in connection with the termination of contracts shall apply to contracts of
apprenticeship.

100 Exemption of employer from provisions of this Part
The Commissioner may by writing under his hand exempt from the provisions of
this Part contracts of apprenticeship made or to be made by any employer who
satisfies him that the terms and conditions of such contracts are not less favourable
to the apprentice than those provided for by this Part.

101 Cancellation of exemption
An exemption made under provisions of the preceding section may at any time be
revoked by the Commissioner.

PART XI - CARE OF WORKERS

102 Interpretation
In this Part the expression “dependant” means any person dependent upon the
worker who is living with him at the place of employment in pursuance of an
agreement between the parties to the contract of employment.

103 Rations
An employer shall, if required by the Commissioner, or may by agreement with the
worker, provide a worker with rations on the prescribed scale:

Provided that where rations are provided by the employer, the Commissioner shall,
notwithstanding the provisions of sections 16, 17 and 18, prescribing the cash
equivalent of the rations which may be deducted from the wages.

104 Water
Every employer shall provide a sufficient and proper supply of water for workers
and their dependants.

105 Sanitary arrangements
Every employer shall make or cause to be made sufficient and proper sanitary
arrangements for workers and their dependants.

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106 Housing
Every employer shall cause every worker who cannot return to his home at the
conclusion of his daily work and his dependants to be properly and
adequately housed.

107 Medical care and treatment
(1) At every place of employment the employer shall provide for all workers such

medical attention and treatment with medicines of good quality, first-aid
equipment and appliances for the transportation of sick or injured workers as
may be required by the Commissioner or Health Officer.

(2) Every employer shall take, or cause to be taken, for treatment with as little
delay as possible every worker injured or falling ill during the course of his
employment and every resident worker and resident dependant on a place of
employment requiring medical attention at a hospital or dispensary to the
hospital or dispensary maintained for the workers at such place of
employment, or, if there is no such hospital or dispensary, to the nearest
hospital or dispensary maintained by the Government or approved by the
Commissioner or the Health Officer and shall provide any transport necessary
therefore.

(3) The cost of maintenance and treatment in hospital of a worker and his
dependants residing on the place of employment shall be borne or paid by the
employer as long as the worker remains in his employment.

108 Hospital maintained by employers
(1) Any employer may be required in writing by the Commissioner or Health

Officer, having regard to the situation of any place of employment and the
number of workers employed and resident thereon, at his own expense to
provide and maintain —
(a) a room properly equipped as a sickroom with accommodation for not

less than 10 per cent of his workers; or
(b) a separate building properly equipped as a hospital with

accommodation for not less than 10 per cent of his workers; and
(c) the services of a medical practitioner or such other person as may be

approved by the Health Officer.

(2) Every employer who is required by the provisions of subsection (1) to
maintain a sickroom or hospital shall keep a register of all patients admitted
thereto and shall produce it for inspection on demand of the Commissioner or
the Health Officer.

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109 Directions in regard to housing and sanitation
Every employer shall observe all reasonable directions given to him by the
Commissioner or Health Officer in regard to the housing of workers and the
sanitation of the buildings and provision of medical facilities and attendance.

110 Reporting of deaths
An employer shall forthwith report the death of a person in his employment to the
Commissioner and such report shall whenever possible be accompanied by a
medical certificate stating the cause of death.

111 Conveying of workers by sea
A master or other person in charge of any vessel in which any worker is conveyed
from his place of engagement for employment or recruitment, to the place of
employment, or from such place of employment to his home upon repatriation, other
than a vessel in respect of which a valid and unexpired certificate of seaworthiness
under the Lagoon Shipping Act is in force and which is provided with sufficient
duly certificated officers in accordance with the provisions of that Act, shall be
guilty of an offence.

112 Penalty
Any person who contravenes or fails to comply with any provisions of this Part shall
be liable to a fine of $100 and to imprisonment for 6 months.

PART XII - GENERAL

113 Application to Crown
This Act shall bind the Crown save and except that nothing in this Act contained
shall apply or be construed to apply to or in relation to the following persons —

(a) persons in the naval, military or air services of the Crown (other than
locally engaged civilian employees); and

(b) police officers.

114 Priority for wages among debts of bankrupt or body corporate being
wound up
In the distribution of the property of a bankrupt upon his bankruptcy, and in the
distribution of the assets of any body corporate upon its winding up, there shall be

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paid in priority to all other debts all wages of any worker in respect of services
rendered —

(a) to the bankrupt within 2 months before the date of the order declaring
him bankrupt, or

(b) to the body corporate within 2 months of the resolution or order
winding it up or the appointment of a provisional liquidator,

as the case may be.

115 Criminal proceedings
The Commissioner may institute and conduct the prosecution in any proceedings for
an offence against the provisions of this Act.

116 Civil proceedings
In any civil proceedings between an employer and a worker in his employment the
Commissioner may appear on behalf of the worker.

117 Court fees
No fees of court shall be charged in any proceedings whether civil or criminal
arising out of the provisions of this Act.

118 Power to exempt persons from provisions of this Act
The Minister may by order exempt any person or class or group of persons from all
or any of the provisions of this Act.

PART XIII - REGULATIONS

119 Minister may make regulations
(1) The Minister may make regulations generally for the better carrying out of the

provisions of this Act and, without derogation from the generality of the
foregoing, for all or any of the following purposes —
(a) the appointment and regulation of advisory boards to advise on labour

matters generally and in particular to advise on fair minimum rates of
wages and size of tasks;

(b) prescribing registers of wage payments to be kept by employers,
requiring the issue to workers of statements of wage payments,

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prescribing the intervals at which wage payments shall be made and
generally to ensure the proper payment of all wages earned;

(c) prescribing the maximum size of tasks;
(d) prescribing the areas within which worker-recruiters, as defined in Part

V, may recruit and the manner in which the operations of such worker-
recruiters shall be supervised;

(e) the establishment of a fund or other method to make provision for
securing the expense of recruitment, transport or repatriation of workers
upon such terms and conditions and subject to such control as he deems
necessary, and for the administration of such a fund;

(f) prescribing conditions under which women may be employed during
the night in cases where such employment is permitted by this Act, and
providing for the health and safety of women employed;

(g) restricting or prohibiting the employment of women in any specified
class of undertaking;

(h) providing generally for the protection of workers and for the protection
of employed children and other employed young persons under the age
of 18;

(i) in the case of unhealthy, dangerous or onerous work, prescribing higher
minimum wages than those specified in sections 84 and 85;

(j) prescribing the form of contracts of apprenticeship and the terms and
conditions upon which such contracts may be lawfully entered into, and
the rights and obligations of apprentices and their masters;

(k) the registration of contracts of apprenticeship;
(l) the number of apprentices who may be apprenticed during a specified

period in any specified trade or employment;
(m) forbidding the taking of apprentices by persons not possessing specified

qualifications;
(n) the provision, by such means as he may deem expedient, of adequate

supervision over the employment and training of apprentices;
(o) the holding of examinations of apprentices and the issue of certificates

based on the results thereof;
(p) prescribing scales for rations where such are provided by the employer

under the provision of section 103;
(q) prescribe minimum standards of housing, furniture, sanitation and

water supply for workers;
(r) prescribing scales of medicine and sick room and hospital equipment;
(s) prescribing records to be kept by employers and forms to be used for

the purposes of this Act;

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(t) making provisions for persons employed in undertakings generally, or
in a particular undertaking, to be entitled to holidays with or without
pay;

(u) prescribing any fee, rate, matter or thing which is required, or appears
to be expedient, to be prescribed under or in connection with this Act
and to provide for the remission of fees;

(v) providing for the protection of persons, as regards their health and
safety, against exposure to ionizing radiations in the course of their
work;

(w) providing for indemnification of seamen against unemployment
resulting from the loss or foundering of any vessel on which they have
contracted for service.

(2) Regulations made under this Act may provide for the imposition of a penalty
for a breach thereof, not exceeding a fine of $40 or imprisonment for 3
months, or to both such fine and such imprisonment.

PART XIV - SAVING

120 Saving
All contracts entered into between any employer and any worker valid and in force
on 22nd April 1966 shall continue to be in force after such date and, subject to the
express provisions contained in any such contract, the parties thereto shall be subject
to and entitled to the benefits of this Act.

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ENDNOTES


1 1990 Revised Edition, Cap. 84 – Acts 6 of 1965, 9 of 1969, 8 of 1971, 3 of 1972, LN 33/69
2 Cap. 28.12
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