In SKN Labour Employment Law

STATE OF SAINT CHRISTOPHER, NEVIS AND ANGUILLA

THE HOLIDAYS WITH PAY ACT, 1968

No. 19 of 1968

Arrangement of Sections

Short title

  1. Interpretation

  2. Annual holiday terms and conditions

  3. Payment in respect of holiday

  4. On termination of employment, employer deemed to have granted paid holiday

  5. Proportionate holiday pay where employment terminated before worker is entitled to annual paid holiday

  6. Annual paid holiday may be accumulated

  7. Records to be kept.

  8. No power to contract ou

  9. Offences and penalties

  10. Burden of proof

  11. Prosecution for offences

  12. Procedure

  13. Limitation of prosecution

  14. Power to make regulations

  15. Repeat and Saving

  16. Commencement

AN ACT to repeal and replace the Holidays with Pay Ordinance, 1965 (No. 14 of 1965)-

Commencement: 1st September, 1965

Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the House of Assembly of Sint Christopher, Nevis and Anguilla, and by the authority of the same as follows:

Short title.

1.        This Act may be cited as the Holidays with Pay Act, 1968 –

Interpretation

2.        In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them –

“agricultural worker” includes any person employed on an hourly, daily, weekly or piece-work basis, in field work, planting, weeding, cutting, loading or transporting came or other crops, whether manually or mechanically, and any person employed on such basis who is engaged in or connected with the manufacture of sugar;

“average earnings” in relation to worker means the average earnings of the worker during the period of employment in respect of which he becomes entitled to holiday with pay, and shall be computed by dividing the total remuneration for that period of employment by the number of days during which a worker is actually employed during that period;

“employer” means any person, company, firm, corporation, local authority or other body of persons who or which has entered into a contract of employment, whether expressed or implied, with any worker, and includes an agent, foreman, manager or representative  of such employer and the master or masters of an apprentice, and, where the employer is the Crown, the officer of the Crown under whom a worker is working shall be deemed to be the employer of such worker for the purposes of this Act: Provided that no such officer of the Crown so deemed to be an employer shall be personally liable for anything done or omitted by him in good faith as an officer of the Crown”

“Minister” means the minister of government for the time being responsible for the subject or department of Labour;

“paid holiday” means holiday with pay for the period thereof;

“total remuneration” in respect of any period of employment means all wages which the worker is paid or is entitled to be paid by his employer in respect of the labour or services which he has performed for his employer during that period of employment, and includes overtime pay and the cash value of any board or lodging provided by his employer. For the purposes of this definition, the cash value of any board or lodging shall be such amount as may form time to time be prescribed by Regulations made by the Minister under this Act;

“worker” means any person who has entered into or works under a contract of employment with an employer, whether it be for manual labour, clerical work or otherwise be expressed or implied, orally or in writing, and whether it be a contract of service or apprenticeship, or a contract personally to execute any work or labour, and, where the context so admits or requires, includes

“agricultural workers”: Provided however that the expression “worker” shall not include clerical or other monthly paid employees of the Crown, independent contractors, out-workers, members of an employer’s family who work exclusively for an employer and live in his house, or persons whose employment is of a casual nature and who are employed otherwise than for the purposes of the employer’s trade or business, but shall include persons employed for the purposes of any game or recreation who are engaged or paid through a club;

“year of employment” in relation to a worker other than an “agricultural worker”, means any period of twelve months during which the worker has actually performed labour or rendered services for the same employer for an aggregate of at least two hundred and thirty-eight days in the case of workers employed on a weekly, fortnightly, monthly or yearly basis, and as aggregate of at least one hundred and fifty-four days in the case of workers employed on an hourly, daily or piece-work basis;  and in the case of “agricultural  worker”, the said expression means any period of twelve months  during which the “agricultural worker” has performed labour or rendered services for the same employer for an aggregate of at least one hundred and twenty – six days . For the purposes of this definition,

“day” means any day or part of a day during which a worker performs labour or renders services for an employer.

Annual holiday terms and conditions.

3. (1) Every worker being in employment at the date of commencement of this Act or subsequently being employed shall, at the end of his first year of employment (computed as though his employment commenced on the date of commencement of this Act), at the end of each succeeding year of his employment, be entitled to an annual paid holiday of not less than fourteen days, exclusive of Sundays and public holidays.

3. (2) Every worker not being in employment at the date of commencement of this Act but thereafter being in employment shall, at the end of each year of his employment, be entitled to an annual paid holiday of not less than fourteen days, exclusive of Sundays and public holidays.

3. (3) Notwithstanding the foregoing provisions of this section any employer may at any time with the approval in writing of the Labour Commissioner fix a common date of commencement for the year of employment of all workers employed by him either on the date of commencement of this Act or at any time thereafter, and the Labour Commissioner shall make a record of such date in a register to be kept by him for that purpose.

3. (4) The employer shall make paid holiday arrangements to the satisfaction of the Labour Commissioner in respect of any period elapsing between the end of the last year of employment and the commencement of the first year of employment fixed under the foregoing provisions of this section.

3. (5) The annual paid holiday shall be given and taken in one period or, where the employer and worker so agree, in two periods and not otherwise, every such agreement shall be in writing signed by both employer and worker.

3. (6) Where the employer and worker so agree, the annual paid holiday or either of such separate periods may be taken wholly or partly in advance before the worker has become entitled to such paid holiday.

3. (7) The annual paid holiday shall be given by the employer and taken by the worker before the expiration of three months after the date upon which the right to such paid holiday has accrued; provided that the giving and taking of the whole or any separate period of such paid holiday may, with the consent in writing of the Labour Commissioner,  be further postponed for a period to be specified by him in any case where he is of the opinion that circumstances render such postponement  necessary or desirable; provided further that the worker shall not be prejudiced in his right to be paid his holiday pay, on such postponement , not later than the day immediately preceding the date on which such annual paid holiday would have commenced but for the postponement permitted under the provisions of this section.

3.  (8) Subject to the provisions of this Act the employer shall decide upon the date on which the annual paid holiday shall commence in accordance with subsection (7) of this section and shall give to the worker not less than seven days notice of such date, provided that such notice may be waived by mutual consent in writing.

3. (9)  Where the annual paid holiday or any part thereof has been taken before the right to such holiday has accrued, the right to a further annual paid holiday shall not commence to accrue until after the expiration of the period of twelve months in respect of which the annual paid holiday or part thereof had been so taken.

3. (10) Sundays and public holidays shall not be included in fixing any period of annual paid holiday to be taken by a worker under this section but such period of annual paid holiday shall be increased by one day for each Sunday or public holiday occurring therein.

Payment in respect of holiday.

4. (1) Every worker who takes an annual paid holiday under the provisions of section 3 of this Act shall, in respect of such holiday, be paid holiday pay by his employer calculated by multiplying his average earnings in respect of the period of employment to which such holiday relates by the number of days holiday to which the worker is entitled.

4. (2) Every worker who takes his annual paid holiday in one period shall be paid the holidays pay referred to in subsection (1) of this section not later than the day immediately preceding the commencement of such holiday.

4. (3) Every worker who takes his annual paid holiday in two periods shall, not later than the day immediately preceding the commencement of each of the two periods of holiday, be paid that portion of his holiday pay which is in the same proportion to his holiday pay for fourteen days as the number of days holiday about to be taken by him is in proportion to fourteen days.

4. (4)        For the avoidance of doubt, and for the assistance of employers and workers in calculating the number of days paid holiday  per annum to which workers of each category shall become entitled, the following  formula is hereby prescribed:-

(a)    agricultural workers as defined in section 2 of this Act shall become entitled to fourteen days paid holiday after working for an aggregate of at least one hundred and twenty six days during a period of twelve months; such workers shall accordingly receive an annual paid holiday at the rate of one day’s holiday for every nine days during which such workers have been actually employed, up to a maximum of fourteen days paid holiday;

(b)    workers (other than agricultural workers) employed on a hourly, daily or piece work basis, shall become entitled to fourteen days paid holiday after working for an aggregate of at least one hundred and fifty-four days during a period of twelve months; such workers shall accordingly receive an annual paid holiday at the rate of one day’s holiday for every eleven days during which such workers have been actually employed, up to a maximum of fourteen days paid holiday;

(c)    workers (other than agricultural workers) employed on a weekly, fortnightly, monthly or yearly basis, shall become entitled to fourteen days paid holiday after working for an aggregate of at least two hundred and thirty-eight days during a period of twelve months; such works shall accordingly receive an annual paid holiday at the rate of one day’s holiday for every seventeen days during which such workers have been actually employed, up to a maximum of fourteen days paid holiday.

On termination of employment, employer deemed to have granted paid holiday.

5. (1)        Where the employment of a worker who has become entitled to an annual paid holiday under the provisions of section 3 of this Act is terminated for any cause whatsoever and the worker has not taken any part or all of such holiday, the employer shall be deemed to have given such holiday to the worker from the date of termination of the employment, and shall forthwith pay to the worker, in, addition to all other amounts due him, his holiday pay or the balance thereof to which he is entitled under the provisions of section 4 of this Act in respect of the period of his employment with such employer up to the date upon which the worker last became entitled to an annual paid holiday, and, in addition, shall pay to the worker his holiday pay for the period of his employment between the date on which he became entitled to his last annual paid holiday and the date of the termination of his employment.

5. (2)        Where the annual paid holiday of a worker or any part thereof has been taken in advance by the worker under the provisions of subsection (6) of section 3 of this Act, and –

(a)    the employment of the worker s terminated for any cause whatsoever before he has completed his year of employment is respect of which such annual paid holiday or part thereof was taken; and

(b)    the sum paid by the employer to the worker in respect of such annual paid holiday or part thereof exceeds the sum which the employer would have required to pay to that worker as holiday pay under the provisions of subsection (1) of this section,

the employer shall not be liable to make any further payment to the worker under that subsection in respect to holiday pay in connection with his last period of employment, but shall, notwithstanding the provisions of any other enactment to the contrary, be entitled to deduct the amount of such excess from any remuneration payable to the worker upon the termination of his employment.

Proportionate holiday pay where employment terminated before worker is entitled to annual paid holiday.

6. (1)        Where the employment of any worker is terminated for any cause whatsoever before the worker has performed labour or rendered services for the number of days necessary, according to his category, to entitle him to a full annual paid holiday under the provisions of section 3 of this Act, such worker shall, if he has performed labour or rendered for an aggregate of not less than twenty-six days during the period of employment at the end of which his employment is terminated, be nevertheless entitled to proportionate holiday pay in respect of his labour or services during that period of employment.

6. (2)        Such proportionate holiday pay shall forthwith be paid by the employer to the worker in addition to all other amounts due to the worker by the employer.

6. (3)        Such proportionate holiday pay when due shall be calculated as follows:

(a)    agricultural workers a defined in section 2 of this Act shall receive one day’s holiday pay for every nine days during which such workers have been actually employed;

(b)    workers (other than agricultural workers) employed on an hourly, daily or piece-work basis, shall receive one day’s holiday for every eleven days during which such workers have been actually employed; and

(c)    workers ((other than agricultural workers) employed on an weekly, fortnightly, monthly or annual basis, shall receive one day’s holiday for every seventeen days during which such workers have been actually employed.

6. (4)        For the purposes of this and the immediately preceding section, the employment of a worker by an employer shall be deemed to have been terminated if conditions are such that there is not sufficient employment available to that worker with that employer to enable the worker to complete a minimum period of actual employment with that employer which would qualify that worker, according to his category, to receive fourteen days paid holiday in respect of his period of employment.

Annual paid holiday may be accumulated.

7. (1)        Notwithstanding the foregoing provisions of this Act, where the employer and worker so agree in writing, the annual paid holiday may be accumulated up to a maximum of twenty-eight days.

7. (2)        Every worker agreeing to the taking of an accumulated paid holiday under the provisions of subsection (1) of this section shall nevertheless be paid his holiday pay in respect of each  separate period of employment to which such holiday pay relates, as soon as possible after each paid holiday becomes due:

Provided however that the Labour Commissioner may, at the request of the worker, and if he considers it to be in the interest and for the convenience of the worker so to do, permit the worker’s holiday pay to be accumulated along with his holiday, and to be paid to the worker immediately before the worker takes his accumulated holiday, Such permission, if granted, shall be in writing –

7. (3)        The giving and taking of an accumulated paid holiday under this section shall only be with the consent in writing of the Labour Commissioner.

7. (4)        Where an employer fails or neglects to allow a worker to take the annual paid holiday to which he is entitled under the provisions of this Act, such worker shall be allowed to accumulate paid holiday during the next succeeding year of employment, only and the employer shall pay to the worker his holiday pay for such holiday in accordance with subsection (2) of this section.

Records to be kept.

8. (1)        Every employer shall keep records of the remuneration, periods of employment and paid holidays of every worker employed by him in such form as may be prescribed by the Labour Commissioner, and such records shall be preserved by the employer for at least three years: provided that on the application of the employer, the Labour Commissioner may authorize the use of such alternative method of keeping the records as he may approve.

8. (2)        The Labour Commissioner, or any officer of the Labour Department duly authorized by him in writing, may at all reasonable times enter any premises or place where he has reasonable cause to believe that a worker is employed and inspect any records required to be kept under the provisions of subsection (1) of this section.

No power to contract out.

9.         Any agreement between an employer and a worker which purports to exclude the operation of any of the provisions of this Act shall be null and void.

Offences and penalties.

10.        Any employer who –

(a)    refuses to allow any worker to take a paid holiday to which he is entitled under the provisions of this Act;

(b)    fails to pay any worker the holiday pay or proportionate holiday pay to which he is entitled under the provisions Act;

(c)    fails to keep records in accordance with thee provisions of section 8 of this Act;

(d)    knowingly enters, or causes to be entered in any records required to be kept as aforesaid, any false particular; or

(e)    wilfully delays, obstructs or hinders the Labour Commissioner, or any person duly authorized by him, in the exercise of any power under subsection (2) of section 8 of this Act,

shall be guilty of an offence against this Act, and shall be liable on summary conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding six months.

Burden of proof.

11.        Where proceedings are bought against any employer or failure to keep proper records or to grant any annual paid holiday or to pay the annual holiday pay or the proportionate holiday pay to which any worker is entitled, the burden shall lie on such employer to prove that that he has kept such proper records or has granted such annual paid holiday or paid such annual holiday pay or such proportionate holiday pay, as the case may be.

Prosecution for offences.

12.        The Labour Commissioner, or any person duly authorized by him in writing, may prosecute or conduct before a court of summary jurisdiction any complaint, information or other proceeding arising under this Act.

Procedure.

13. (1)        On the conviction of an employer under the provisions of section 10 of this Act in respect of an offence consisting of a failure to make any payments under the provisions of this of this Act, the court may adjudge the employer convicted to pay, in addition to any fine, such sum as appears to the court to be due to the worker in respect of annual holiday pay or proportionate holiday pay as the case may be.

13. (2)        The power to order the payment holiday pay or proportionate holiday pay under the provisions of subsection (1) of this section shall not be in derogation of the right of the worker to recover what is due as annual holiday pay or proportionate holiday pay, as the case may be, by any other proceedings, and such annual holiday pay or proportionate holiday pay shall be deemed to be a debt due to the worker by the employer.

Limitation of prosecution.

14.        No prosecution for any offence under this Act shall be instituted after the expiration of one year from the date of the commission of the offence.

Power to make regulations

15. (1)        The Minister may make regulations generally for the proper carrying out of the provisions of this Act.

15. (2)        Regulations made under this Act may prescribe for any contravention thereof or failure to comply therewith a fine not exceeding one hundred dollars on summary conviction.

Repeat and Saving  .[ No. 14of 1965. No 7 of 1966]

16.        The Holidays with Pay Ordinance, 1965 and the Holidays with Pay (Amendment) Ordinance, 1966, are hereby repealed without prejudice to any thing done or suffered under them or either of them, or any right, privilege, obligation or liability acquired, accrued or incurred under them or either of them.

Commencement.

17.        This Act shall be deemed to have come into force on the 1st day of September, 1965

Provided that no criminal prosecution shall be instituted for any offence committed before the passing of this Act.

SAINT CHRISTOPHER NEVIS AND ANGUILLA

THE LABOUR ORDINANCE, 1966

No. 8 of 1966

Arrangement of Sections

  1. Short Title

  2. Interpretation.

  3. Appointment of Labour Commissioner and Establishment of Department of Labour.

  4. Salary of Labour Commissioner, etc.

  5. Duties of Labour Commissioner.

  6. Power of Labour Commissioner.

  7. The Labour Commissioner to have powers of an inspector under the Ordinance.

  8. Labour Commissioner and Inspectors ex officio Inspectors under Cap. 344- Annual report.

  9. Appointment of Inspectors.

  10. Duties of Inspector.

  11. Powers of Inspector.

  12. Inspections of private premises where domestic servants are employed.

  13. Notification of presence.

  14. Duties of employers.

  15. Manufacturing and commercial secrets not to be divulged.

  16. Source of Information or complaint not to be divulged.

  17. Offences.

  18. Liability of attorney, agent, & clerk.

  19. Power to make Regulations.

  20. Application.

  21. Repeal Cap. 343.

  22. Commencement

SCHEDULE

An Ordinance for the appointment of a Labour Commissioner, the supervision and inspection of workmen’s conditions of employment and purposes incidental thereto.

(On Proclamation)

Commencement: 4th May, 1966

Be it enacted by the Queen’s Most Excellent Majesty, by with the advice and consent of the Legislative Council of Saint Christopher Nevis and Anguilla, and by the authority of the same as follows:-

Short Title

1.        This Ordinance may be cited as the Labour Ordinance, 1966

Interpretation.

2.        In this Ordinance, unless the context otherwise requires –

“employer” means any person or body of persons, corporate or unincorporated, hiring or employing the labour or service of any workman;

“Labour Commissioner” means the person appointed as such under the provisions of section 3 of this Ordinance;

“Minister means the member of Executive council charged for the time being with responsibility for the subject of labour relations;

“workman” means any person who has entered into or works under a contract with an employer whether under a contract with an employer whether the contract be by way of manual labour, clerical, work or otherwise, be expressed or implied, oral or in writing and whether it be contract of service or of apprenticeship or a contract personally to execute any work or labour.

Appointment of Labour Commissioner and Establishment of Department of Labour.

3. (1)        There shall be established a Department of Labour.

3. (2)        It shall be lawful for the Administrator to appoint a Labour Commissioner for the Colony and such officers and clerks of the Department of Labour as may from time to time be necessary.

3. (3)        The Labour Commissioner shall hold office during Her Majesty’s pleasure.

Salary of Labour Commissioner, etc.

4.        The Labour Commissioner and such officers and clerks as may be appointed shall receive such salaries as may be assigned to them by the Administrator with the consent of the Legislative Council.

Duties of Labour Commissioner.

5. (1)        The Labour Commissioner shall be charged with the administration of the Department of Labour and shall, subject to the provisions of this Ordinance, use his utmost endeavor to safeguard and promote the general welfare of workmen of the Colony.

5. (2)         Without prejudice to the generality of subsection (1) of this section, the Labour Commissioner shall –

(a)    regularly supervise and review the conditions of the various forms of employment of workmen which exist in the Colony;

(b)    ensure the due performance of such laws as he may form time to time be required to enforce;

(c)    Bring to the notice of the Minister with reasonable speed every matter or thing, including the alleged of suspected breach of any laws, which in his opinion is or is likely to be prejudicial to the welfare of any description or class of workmen or which is causing or likely to cause disagreement between any such workmen and their employers;

(d)    make recommendations to the Minister from time to time as occasion demands for safeguarding and promoting the general welfare of the workmen.

Power of Labour Commissioner.

6.        The Labour Commissioner may enquire informally, if the parties so consent, into any complaint which an employer may have to make against any workman or which any workman may have to make against an employer or which may be otherwise brought to his notice and to use his good offices and influence to bring about a fair and reasonable settlement of such complaint without recourse being had to legal proceedings.

The Labour Commissioner to have powers of an inspector under the Ordinance.

7.        The Labour Commissioner shall have, for the purpose of the execution of this Ordinance, all the powers hereinafter conferred upon an Inspector appointed under this Ordinance.

Labour Commissioner and Inspectors ex officio Inspectors under Cap. 344.

8.        The Labour Commissioner and any Inspector appointed under this Ordinance shall ex officio be Inspectors to act for the purposes of the Labour (Minimum Wage) Act, Cap. 344, or any Ordinance amending or substituted for the same.

Annual report.

9.        The Labour Commissioner shall, not later than the thirty-first day of March in each year, furnish the Minister with a report, in such form as the Minister may prescribe, on the working of this Ordinance during the immediately preceding year.

Appointment of Inspectors.

10. (1)        The Administrator may appoint such Inspectors (under whatever title he may form time to time fix) as he may think necessary to assist the Labour Commissioner in the execution of this Ordinance.

10. (2)        Every Inspector shall be subject in performance of his duties to the direction of the Labour Commissioner and before he assumes his duties, he shall make a declaration as set out in the Schedule to this Ordinance.

10. (3)        Every Inspector shall keep such records and make such returns as may from time to time be prescribed by the Minister.

10. (4)        Every Inspector acting for the purposes of this Ordinance shall be furnished by the Administrator with a Certificate of his appointment or authority so to act, which he shall produce, if so required by any person affected.

Duties of Inspector.

11. (1)        The duties if an Inspector shall be –

(a)    to investigate and report whether the laws in force concerning conditions of employment and the protection of workmen in their occupations are duly applied.

(b)    to give technical information and advice whenever necessary to employers and workmen as to the most effective means of complying with existing laws;

(c)    to indicate in his inspection reports difficulties or abuses not specifically covered by existing laws;

(d)    to visit and inspect places where workmen are employed and to institute inquiries for the purpose of performing his duties as set out in paragraphs (a), (b) and (c) above; and

(e)    to establish statistical data in the course of his inquiries and inspections as he may be instructed by the Labour Commissioner.

11. (2)        No inspector shall have any direct or indirect interest in any enterprise under his inspection or supervision.

Powers of Inspector.

12.        An inspector may –

(a)    at any working hour of the day or night without previous notice, enter and inspect any estate, factory, boiling-house, curing-house, foundry, work-shop, work-room, foundry, printing-office, shop, store, counting-house, warehouse, dock, wharf or other place where he has reasonable cause to believe that workmen are employed or are about to be employed;

(b)    enter by day any premises which he may have reasonable cause to believe to be liable to inspection;

(c)    inspect the state, condition, and general treatment of workmen therein or thereon and the state and condition of their dwelling-houses or barracks;

(d)    require from any employer information as to the number of workmen employed and the wages, hours and conditions of work of such workmen;

(e)    require by notice in writing from employers, returns giving information as to the number of workmen employed and the wages, hours and conditions to work of such workmen;

(f)    require by notice in writing from employers, reports giving information as to the causes and circumstances relating to accidents to workmen employed by them, involving loss of life or disability for more than three days;

(g)    require from any workman information on all or any of the matters referred to in paragraphs (c)  to (f) of this section;

(h)    carry out any examination, test or inquiry which he may consider necessary to satisfy himself that any law relating to the employment and the protection of workmen is being with and, in particular, may –

(i)    interrogate either alone or in the presence of witnesses, the employer on any matters concerning the application of such law, or apply for information to any other whose evidence he may consider necessary;

(ii)    require the production of any books, registers or other documents which may be prescribed by law applying to the conditions of employment and the workmen, and may, in the execution of his duties, copy such documents or make extracts therefrom;

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

(iv)    take or remove for the purposes of analysis samples of materials and substances used or handled, subject to the employer being notified of any samples or substances taken or removed for this purpose;

(v)   take with him a police officer into any such place in or on which he has reasonable cause to apprehend any execution of his duty.

Inspections of private premises where domestic servants are employed.

13.   Notwithstanding the provisions of paragraph (a) of section 12 of this Ordinance no visit or inspection of private premises where domestic servants are employed may be made except at reasonable times between the hours of 9a.m. and 6 p.m.

Notification of presence.

14.  An Inspector shall when on a visit of inspection, notify the employer of his presence, unless he considers that notification would be prejudicial to the performance of his duties.

Duties of employers.

15.        Every employer whose premises are visited by an Inspector for the purposes of this Ordinance shall –

(a)    permit his workmen and their representatives to communicate freely with the Inspector,

(b)    allow the Inspector free access to any place or undertaking to be inspected, and

(c)    furnish to the Inspector such information as the Inspector may require for the performance of his duties.

Manufacturing and commercial secrets not to be divulged.

16. (1)        Except ion the performance of his duties as an Inspector, no Inspector shall at any time whether during or after his service under the Crown divulge any manufacturing or commercial secret or any working process which may come to his knowledge in the course of his duties under this Ordinance.

16. (2)        Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months.

Source of Information or complaint not to be divulged.

17. (1)        Subject to the provisions of any other law in force in the Colony, no Labour Commissioner, Inspector, officer or clerk of the Department of Labour shall knowingly divulge to any unauthorized person the source of any information or complaint, concerning the breach of the provisions of any law relating to the employment and protection of workmen.

17. (2)        Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred dollars and forty dollars or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

17. (3)        For the purposes of this section the expression “unauthorized person” means any person other than an officer required to deal with the information or complaint in thee course of that officer’s duties,

Offences.

18.        Any person who –

(a)    refuses or wilfully neglects to furnish to the Labour Commissioner or any Inspector any information or return or particular that may be required by him under the provisions of this Ordinance;

(b)    knowingly furnishes or causes or allows to be furnished to the Labour Commissioner or any Inspector any information or return which is false in any material particular;

(c)    assaults, hinders or obstructs the Labour Commissioner or any Inspector in the exercise of the powers and duties conferred upon him by the Provisions of this Ordinance;

shall be guilty of an offence and shall be liable on summary conviction to  a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

Liability of attorney, agent, & clerk.

19.        Where any offences against this Ordinance is proved to have been committed with the consent or connivance of, or to be attributable to any reckless neglect of duty on the part of the director, secretary, attorney, agent, foreman, manager, or clerk of an employer, such person shall, as well as the employer, be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Power to make Regulations.

20. (1)        The Administrator in Council may make Regulations generally for the proper carrying out the provisions of this Ordinance.

20. (2)        Regulations made under this Ordinance may prescribe for any contravention thereof or failure to comply therewith a fine not exceeding one hundred dollars on summary conviction.

Application.

21.        Thus Ordinance shall not apply to persons in the naval, military or air forces of the Crown or in the Police Force, but otherwise shall apply to workmen.

Repeal Cap. 343.

22.        The Labour Commissioner Ordinance, Cap 343, is hereby repealed.

Commencement.

23.        This Ordinance shall come into force on a date to be appointed by the Administrator by proclamation published in the Gazette.


SCHEDULE

Declaration of Official Secrecy.

I ……………………………………………..of  ……………………………………….in pursuance of section 10 (2) of the Labour Ordinance, 1966, No. 8 of 1966 hereby declare that I will regard and deal with all information, returns and documents which may come to my knowledge in the course of my duties under this Ordinance as secret and confidential and that I will not at any time divulge  in any manner any such information or anything contained in such returns and documents save as authorized by this Ordinance .

Declared before and in the presence of

Magistrate for District

Date……………………………………………………

SAINT CHRISTOPHER AND NEVIS

THE PROTECTION OF EMPLOYMENT ACT

Arrangement of Sections

PART I

PRELIMINARY

1. Short title.

2. Interpretation.

3. Application of Act.

4. Terms and conditions of employment to be in writing or request.

PART II

TERMINATION OF EMPLOYMENT

5. Termination of employment.

6. Sales of business not to affect rights of employee.

7. Notice of termination of employment

8. Employee to give Notice of termination of employment.

9. Labour Commissioner to be notified.

10. Continuity of employment sent not interrupted.

11. Prohibition against termination of employment.

PART III

SEVERANCE PAYMENT

12. Severance Payments Fund

13. Source of Funds.

14. Payment of severance payment contributions.

15. Social Security Board to administer and collect severance payment contribution on behalf of the

    Commissioner.

16. Penalties.

17. Power of commissioner to call for information.

18. Power of Commissioner to make any decision or determination.

19. Appeals.

20. Contribution to be deductible expense under the income Tax Act. (No. 17 of 1966).

21. Refunds

22. Forms

23. Payment into Fund

24. Expenses of Social Security Board.

25. Right to severance payment.

26. No right to severance pay.

27. Laid suspended employee to claims severance payment.

28. Employment may be treated as terminated.

29. Rate of severance payment.

30. Determination of claim.

31. Computation of week’s pay.

32. Seasonal workers.

33. Recovery severance payment and notice of payment.

34. Transitional provision.

PART IV

MATERNITY LEAVE

35. Period for which maternity leave must be granted.

36. Qualifying period of employment for maternity leave.

37. Notice to employer of confinement or expected confinement.

38. Employee not to be given notice of dismissal during maternity leave from employment.

39. Employment not to be terminated because of pregnancy or confinement or illness consequent

     hereto.

PART V

MISCELLANEOUS

40. Delegation of functions.

41. Powers of the Commissioner.

42. Preference to former employees.

43. Proceedings before the Commissioner, Minister and Hearing Officer.

44. Offences and burden of proof.

45. Regulations.

46. Order by minister.

47. More favorable terms and conditions.

AN ACT to make certain provisions in respect of termination of employment, to provide for the establishment of a Severance Payments Fund and to provide for severance payments to employees, and for matters incidental thereto.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the National Assembly of Saint Christopher and Nevis and by the authority of the same as follows;

Commencement: 30th June, 1986

PART I

PRELIMINARY

Short title.

1. (1)        This Act may be citied as the Protection of Employment Act, 1986    .

1. (2)        This Act shall come into operation on a day or days to be appointed by the Minister by Notice published in the Gazette.

Interpretation.

2.        In this Act, unless the context otherwise requires-

“casual worker” means any person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer’s trade or business;

“Commissioner” means the person for the time being holding office of Labour Commissioner;

“contribution period” means the prescribed period in respect of which a contribution is payable;

“employee” means any person who works with an employer under a contract of service in any capacity whether such contract is expressed or implied, oral or in writing;

“employer” means any person who employs or on whose behalf any other person employs any employee and includes a body of employers (whether such

body is a firm, company, statutory corporation or trade union) or any person who on behalf of any other person employs any employee but does not include any person acting as agent for a disclosed principal:

“Fund” means the Severance Payments Fund established by subsection (1) of section 12;

“Minister” means the Minister for the time being charged with the responsibility of Labour;

“normal wages” includes any salary or money contracted to be paid or required by law to be paid or given as a recompense, reward or remuneration for any such services, work or labour done or to be done;

“prescribed” means prescribed by Regulation under this Act;

“probationary period” means a period not exceeding four weeks in the case of household employment or three months in the case of other employment;

“seasonal employment” means any employment provided by an employer during a specific part (commencing at approximately the same time each year) of each

three or more consecutive years and “season” shall be construed accordingly;

“serious misconduct” includes fraud, dishonesty or any other conduct of such nature that it is unreasonable to require the employer to continue employment during the notice period;

“temporary worker” means any person whose period of employment does not exceed the probationary period;

“trade dispute” means a trade dispute as defined under the Trades Union Act.

Application of Act.

3.        This Act shall not apply –

(a) to employees of the Crown and of statutory corporations in respect of whom special provisions apply both as regards termination notice and retiring benefits;

(b) to a director of a company incorporated, registered or conducting business under the laws of Saint Christopher and Nevis or to any member of a partnership agreement;

(c) to an employee who is either husband, wife, father, mother, brother, sister or child of the employer living in the employer’s household;

(d) to a master of a member of a fishing vessel, if payment is made in respect  of the employment by way, of a share in the profit of that vessel;

(e) to a temporary worker, except in respect of maternity leave qualification; and

(f) to a casual worker, except in respect of maternity leave qualification;

Provided however that notwithstanding the provisions of this section, this Act shall apply in all cases except where the benefits to be derived by the employee are more favourable than those provided in the Act, whether or not the more favourable benefits accrue or will accrue by law, custom, contract or any other arrangement.

Terms and conditions of employment to be in writing or request.

4. (1)         The terms and conditions of employment shall be provided in writing by an employer to an employee within fourteen (14) days of a request from the employee.

4. (2)         The Minister shall by regulation made under this Act provide a specimen form indicating the terms and conditions of employment which must be provided in writing pursuant to the preceding subsection.

PART II

TERMINATION OF EMPLOYMENT

Termination of employment.

5.         Except under paragraph (f) of this section employment may be terminated in writing by the employee in the following circumstances:

(a)    without notice during the probationary period of the employee except as may otherwise be provided in writing in a contract of employment;

(b)     without notice where the employee  is guilty of serious misconduct in or in relation to his employment,

(c)     without notice where the employee is guilty of misconduct in or in relation to his employment or the employee is no longer performing his duties satisfactorily:

Provided that the employee has been warned in writing on at least two occasions within a period of six months indicating the nature of the misconduct or unsatisfactory performance of duties, and in the case of the last warning, the intention of the employer to terminate the services of an employee shall be indicated, where there is a repeated misconduct or unsatisfactory performance of duty;

(d)     where a medical practitioner certifies that an employee in is suffering from infirmity of the mind or body which is likely to be permanent, provided such infirmity was lasted for a period of at least three (3) months;

(e)    where the employee has become redundant for the reason that –

(i)    the employer has discontinued or ceased to carry on all or part of his business,

(ii)    the employer has modernised, automated or mechanised all or part of his business,

(iii)    the employer has reorganised his business to improve efficiency,

(iv)    the employer finds that it is impossible for him to carry on his business at the usual rate or level due to shortage of material or a mechanical breakdown or for any cause beyond his control;

(v)    the employer is forced to reduce his business due to lack of change or change in markets;

(f)    where the employer dies and his business ceases to operate; or

(g).    where the business is liquidated by bankruptcy or otherwise.

Sales of business not to affect rights of employee.

6. (1)        The sale or other disposition of a business or part of its shall not affect   the rights of an employee and the obligations accruing to any employee at the time of the sale or disposition shall be met by the buyer or the person acquiring the business.

6. (2)        The rights of the employees and the obligations accruing to each employee shall be recorded at the time of the sale or disposition of the business with the Commissioner.

Notice of termination of employment

7. (1)        Subject to the provisions of section 5 of this Act, an employer shall give an employee notice of termination of services of the employee on the following basis –

(a)    an employee with three months but less than one year’s continuous service, one week;

(b)    an employee with one year but less than five years’ continuous service, two weeks;

(c)    an employee with five years but less than ten years continuous service, three weeks;

(d)    an employee with ten years but less than fifteen years continuous service, four weeks;

(e)    an employee with fifteen years continuous service, eight weeks;

(f)    any employee paid on a monthly basis who has less than fifteen continuous service, one month and

(g)    any employee paid on a monthly basis who has fifteen years continuous service and over, two months.

7. (2)        In lieu of notice, the employer may provide the employee wages and other benefits to which the employee is entitled during the period of notice.

7. (3)        Where an employer contemplates terminating the employment of ten or more employees on the grounds provided in paragraph (e) of section 5 of this act, he shall, not less than one month before any proposed termination, notify the labour commissioner in writing of the reasons for the terminations, the number and categories affected, the period over which the terminations are intended to be carried out, and summarizing the results of the consultations with any trade union representing the employee.

Employee to give Notice of termination of employment.

8. (1)        An employee shall give his employer notice of termination of employment equivalent to the period such employee is entitled to receive from his employer under section 7 for the termination of his employment.

8. (2)        Where the contract of employment  is not in writing the period of notice of termination of employment by the employee shall not exceed four weeks.

8. (3)        An employee may terminate his services without notice if the conduct of his employer is of such a nature that the employee cannot reasonably be expected to continue his employment and any such termination shall be deemed to be termination by the employer.

8. (4)        The burden of proof in any termination under subsection (3) shall be on the employer.

Labour Commissioner to be notified.

9.        An employer shall not give an employee pay in lieu of notice where the employee’s services are terminated for mental or physical incapacity or infirmity without prior notification to the Labour Commissioner.

Continuity of employment sent not interrupted.

10.        The cessation of employment of an employee for the following reasons shall not constitute a break in continuity of a contract of employment –

(a)    a trade dispute

(b)    accident, sickness, injury or for absence during maternity period as certified by a medical practitioner;

(c)    operation of any other law;

(d)    an Act of God;

(e)    any agreement with the employer;

(f)    absence permitted or condoned by the employer;

(g)    suspension or temporary lay off where there is no severance payment to which an employee would normally be entitled as a result.

Prohibition against termination of employment.

11.        An employer shall not terminate the contract of an employee on any of the following grounds

(a)    union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;

(b)    seeking office as, or acting or having acted in the capacity of a worker’s representative;

(c)    making a complaint or participating on proceedings against an employer involving an alleged violation of laws or regulations;

(d)    race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex or creed, marital status or family responsibilities;

(e)    absence from work during maternity period as certified by a medical practitioner;

(f)    temporary absence form work due to injury or illness as certified  by a medical practitioner and provided  that the employee submits the certificate to his employer within 48 hours of his absence; [Cap 38]

(g)    absence form work in the performance of Jury service as required under the Jury Act.

PART III

SEVERANCE PAYMENT

Severance Payments Fund

12. (1)        For the purpose of this Act there shall be established under the control and management of the Commissioner a fund called “The Severance Payments Fund”.

12. (2)        There shall be paid into the fund –

(a)    all contributions;

(b)    all sums recovered for the fund under the Act; and

(c)    all sums properly accruing to the Fund under this Act including, without prejudice to the generally of the foregoing, the repayment of benefit or assistance.

12. (3)        There shall be paid or met out of the Fund –

(a)    all claims for benefits or assistance;

(b)    all refunds of contribution paid in error;

(c)    all expenses properly incurred in the administration of this Act.

12. (4)        Regulations shall provide for the form and conduct of the accounts and for the deposit with the Accountant General of all sums collected.

12. (5)        The Director of Audit shall annually conduct and audit of the Fund and his annual Report shall be laid before the National Assembly.

Source of Funds.

13. (1)        For the purpose of providing the funds required for this payment of severance payment benefits and for making any other payments which under this Act are to be made out of the Fund, contributions shall be payable by employers.

13. (2)        The contributions payable by an employer in respect of an employee shall be at the rate of one percentum of the normal wages of the employee.

13. (3)        Regulations made under the preceding subsection may provide for exempting any employer from liability to pay contribution or reducing or varying any rate of contribution for the periods when the employer has over any prescribed period not terminated the employment of any employee under circumstances requiring payment of severance pay in accordance with the provisions of this Act.

Payment of severance payment contributions.

14. (1)        The contribution payable under this Act by any employer in respect of any employee shall be paid by the employer to the Commissioner at the end of every month.

14. (2)        The employer shall pay the contribution within such period as may be prescribed.

14. (3)        Any employer paying a contribution shall furnish to the Commissioner at the time of such payment, a statement stating the wages of every employee in his employment and the amount paid in respect of severance payment contribution.

Social Security Board to administer and collect severance payment contribution on behalf of the Commissioner.

15.        The Social Security Board is herby vested with the responsibility of the administration and collection of the Contribution on behalf of the commissioner and such contribution shall be payable at the office of the Social Security Board.

Penalties.

16.        Where the payment of the contribution is in default, the defaulting employer shall become liable to pay in addition to such contribution –

(a)    a penalty of a sum equivalent to ten per centum of such contribution; and

(b)    where such contribution is not paid to the commissioner after a period of thirty days after such contribution has been in default, a penalty of a sum equivalent to one per centum of the contribution in respect to each further period of thirty days.

Provided that a defaulting employer shall not be required to pay the penalty under this section –

(a)    if the defaulting employer proves to the satisfaction of the Commissioner that the failure of payment was due to circumstances beyond his control; and

(b)    if the defaulting employer furnishes to the Commissioner a correct return of the emoluments and pays the amount in default.

Power of commissioner to call for information.

17.        The Commissioner shall have the power –

(a)    by notice in writing to require any employer to furnish within the period specified in the notice, such information as the Commissioner may by notice require for the purpose of this Act;

(b)  to require any employer to produce for examination within a specified time any book, document register or record which is under his control or in his possession and which, in the opinion of the Commissioner contains information useful for the purpose of this Act.

Power of Commissioner to make any decision or determination.

18.        The Commissioner may, upon good cause adduced by the control by the Social Security Board or of his own motion, make any decision or determination in respect of the contribution payable by any employer.

Appeals.

19. (1)        An employer, if he is dissatisfied with any decision or determination made in respect of him by the Commissioner under this Act mat appeal against the decision or determination to the Commissioners appointed under the Income Tax Ordinance, 1966 within the time prescribed for such appeal.

19. (2)        Notwithstanding the provisions of subsection (1) until the determination of any appeal the employer shall pay the contribution amount required to be paid by him by reason of any variation, decision or determination by the Comptroller.

19. (3)        The Commissioners shall, before making their decision or determination on any appeal made under subsection (1), give the employer or his authorized representative an opportunity to present his case to the Commissioners.

19. (4)        Any employer who is aggrieved by the decision of the Commissioner in respect of any appeal made to them under subsection (1) may further appeal against that decision to the High Court.

Contribution to be deductible expense under the income Tax Act. (No. 17 of 1966).

20.        For the purpose of ascertaining the assessable income of a company under section 9 of the Income Tax Ordinance, 1966, the amount of the contribution which a company is liable to pay shall be deemed to be an expense incurred in the production of the income.

Refunds.

21.        If it is proved to the satisfaction of the Commissioner, by claim to him in writing, that any employer has paid in respect of the contribution under this Act an amount in excess of the amount due from him, the employer shall be entitled to a refund of the amount paid in excess.

Forms.

22.        The Minister may form time to time prescribe the forms to be issued and used for the purpose of this Act and may vary and amend such forms from time to time.

Payment into Fund.

23. (1)        All sums paid to or recovered by the Commissioner by way of the Social Security Board shall be paid into his Severance Payments Fund.

23. (2)        All sums received by the Commissioner by way of penalties under this Act shall be paid by him into the Severance Payments Fund.

Expenses of Social Security Board.

24.There shall be paid to the Social Security Board at such times and at such rate as may be determined by the Minister after consultation with the Minister responsible for Social Security and the Social Security Board, such sums as may be estimated to be the amount of the expenses of the Social Security Board in the administration of this Act.

Right to severance payment.

25. (1)        Where an employee has been continuously employed for a period of not less than one year and the employer has terminated the services of that employee on any of the grounds specified in paragraph (e), (f) or (g) of section 5, or the employee has terminated his services in pursuance of subsection (3) of section 8, the employee shall be entitled to severance payment.

25. (2)        An employee who has worked for the same employer on a seasonal basis for the three seasons immediately preceding the termination of his employment shall be deemed to qualify for severance payment if he has worked for the same employer for three-fourths of the number of working days in each of the reckonable years.

25. (3)        An employee entitles to severance payment may claim payment in such manner as may be prescribed.

No right to severance pay.

26.Where there is a change of ownership or operation of the business or where the employer dies or where the employee is made redundant under paragraph (e) of section 5, the employee shall not be entitled to severance payment if the contract of employment continues or if he is offered a new contract of employment by the new owners or operators of the business or the personal representatives of the deceased employer, case may be, on terms and conditions of employment and at a place of employment no less favorable than in his earlier contract.

Laid suspended employee to claims severance payment.

27.        Where an employee lays off an employee or suspends an employee for a period of at least twelve weeks, the employee may request his employer to treat his employment as terminated and the employee shall then be entitled to severance payment if he has worked for the same employer for at least one year and would be entitled to severance payment under section 25.

Employment may be treated as terminated.

28.        The services of an employee shall be deemed to be terminated under the preceding section unless the employer is able to offer employment to that employee within twelve weeks from the time of lay-off or suspension and such employment is substantially the same in relation to terms, conditions and place of employment for a period of not less than thirteen weeks.

Rate of severance payment.

29. (1)        The rate of severance payment shall be two weeks for each year of continuous service for a period of up to five years service, three weeks for a period of five years to ten years service and four weeks for any period of service in excess of ten years calculated backward from the date of the termination of employment, except in the case of seasonal workers, where the rate shall be one week’s pay for each period that such employee qualifies under subsection (2) of section 25.

29. (2)        In the computation of severance payment, a period of a half of a year or more shall be counted as a full year and a period less than half of a year shall be ignored.

29. (3)        In the computation of severance payment, no employee shall be entitled to more than fifty-two weeks’ severance payment.

Determination of claim.

30. (1)        It shall be the duty of the Commissioner to determine, where necessary in consultation with the employer and the employer and the employee, the claim of any employee in respect of this severance payment.

No. 17 of 1966.

30. (2)        Where any person disputes the determination or decision of the Commissioner he may appeal that determination or decision to the Commissioners appointed under the Income Tax Ordinance, 1966.

Computation of week’s pay.

31.        For the purpose of section 30, a week’s pay –

(a)    in the case of an employee not paid on a piece work basis is equivalent to the aggregate of the employee’s normal wages for the fifty-two weeks immediately preceding the termination for employment divided by the number of weeks worked;

(b)    in the case of an employee paid on a piece work basis is equivalent to the normal wages for a period of fifty-two weeks immediately preceding the termination of employment divided by the number of weeks worked;

(c)    in the case of a seasonal worker, is equivalent to the total of his normal wages in the last three seasons preceding the termination of employment divided by the number of days worked and multiplied by the number of days constituting the working week.

Seasonal workers.

32.        The services of a seasonal worker shall be deemed to have been terminated if he offers his services and is not re-employed by the same employer within the first four weeks at the beginning of the next season.

Recovery severance payment and notice of payment.

33. (1)        An employee may recover by civil proceedings in a court of competent jurisdiction the notice payment and severance payment to which he is entitled under this Act.

33. (2)         In event of bankruptcy or liquidation of the business of the employer or on any other closure of business the amount owing to an employee as payment in lieu of notice shall be deemed to be a priority debt under the provisions of the relevant enactments.

Transitional provision.

34. (1)        Notwithstanding anything contained in this Act, where any employee has worked for an employer for more than ten years and within five years from the commencement of this Act, his services are terminated in accordance with the provisions of paragraph (e), (f) or (g) of section 5 of this Act the employee shall in addition to any benefits payable under this Act, be entitled to receive severance payment form his employer in respect of the termination.

34. (2)        For the purpose of the calculation of severance payment required under subsection (1), a period of five years shall be deemed to be the period in respect of which payment by a employer shall be made.

PART IV

MATERNITY LEAVE

Period for which maternity leave must be granted.

35. (1)        An employee shall be entitled to thirteen weeks’ maternity leave, that is to say,  at least two weeks up to and including the date of her confinement and at least six weeks immediately from that date.

35. (2)        In the case of illness medically certified arising out of the pregnancy or out of confinement, she shall be entitled to an additional period of leave not exceeding three months.

35. (3)        The benefits to be paid to an employee during maternity leave shall be in accordance with the provisions of the Social Security act.

35. (4)        Where no benefit is payable under the Social Security Act for any period of maternity leave to which an employee is entitled under subsection (1) of this section, the employer shall pay the employee benefits in respect of that period of maternity leave at the rate payable under The Social Security Act.

Qualifying period of employment for maternity leave.

36. (1)        No employee shall be entitled to maternity leave unless she has worked for the employer from whom she claims such benefit for not less than one hundred and fifty days within the period of the one year immediately preceding the date of her confinement.

36. (2)        For the purposes of reckoning the one hundred and fifty days referred in Subsection (1), an employee shall be deemed to have worked on –

(a)    the days on which she was not provided work by her employer by reason of her pregnancy.

(b)    the holidays to which she was entitled under any written law;

(c)    the days of her absence on leave granted by her employer or allowed by any written law;

(d)    the days of her absence due to injury or illness medically certified arising out of or in the course of her employment; and

(e)    any period of cessation of work falling under the provisions of section10.

36. (3)        Where a change of employer occurs in any business, ship, estate, factory or other enterprise in which an employee is employed, service rendered by that employee to the previous employer shall be deemed to be service rendered under the new employer for the purpose of computing the period of employment by virtue of which she may be entitled to maternity leave under subsection (1).

Notice to employer of confinement or expected confinement.

37. (1)        An employee shall, prior to her confinement give notice to her employer that she expects to be confined within six weeks from the date of such notice.

37. (2)        An employee who has been confined shall within one week of her confinement, give notice to her employer of the date on which she was confined.

37. (3)        The employer shall, on receipt of a notice form an employee under section (2), permit that employee to absent herself form employment until the expiry of the remainder of the period of maternity leave for which she is eligible under the provisions of subsection (1) of section 25 calculated form the day of her confinement.

Employee not to be given notice of dismissal during maternity leave from employment.

38.        If an employee absents herself form work in accordance with the provisions of this Act, it shall not be lawful for her employer to give notice of dismissal during such absence or on such a day that the notice will expire during such absence.

Employment not to be terminated because of pregnancy or confinement or illness consequent hereto.

39. (1)        The employment of an employee shall not be terminated by reason only of her pregnancy or confinement or of any illness consequent upon her pregnancy or confinement.

39. (2)        Where an employer is prosecuted for the offence of acting in contravention of the provisions of subsection (1), the burden of proving that the employment of an employee was terminated by reason of a fact other than her pregnancy or confinement or any illness consequent upon her pregnancy or confinement shall be upon the employer.

PART V

MISCELLANEOUS

Delegation of functions.

40.        The Commissioner may delegate any function which, by this Act, is to be performed by him, to any labour officer of the Department of Labour.

Powers of the Commissioner.

41.        The Commissioner shall, in addition to and not in derogation of any power conferred on him under any other law, have power –

(a)    to enter freely and without previous notice at any reasonable hour of day or night any work place where workers covered by this Act are employed;

(b)    to enter by day any premises which he may have reasonable cause to believe that workers covered by this Act are employed;

(c)    to require the production of books, registers or other records as may be necessary for the purposes of this Act;

(d)    to take copies of the whole or any part of such books, registers or other records;

(e)    to interview alone or in the presence of witnesses, the employer, the staff or former employees of any undertaking on any matter for the purpose of this Act;

(f)    to require the employer to provide returns relating to all his employees or former employees or any class or description of such employees and any such particulars as he may require for the purposes of this Act; and

(g)    to hold such enquiries as he may consider necessary for the purpose of this Act.

Preference to former employees.

42.        Where an employer terminates the services of an employee owing to a reduction of the work force and subsequently intends within a period of twelve weeks following the date of such termination of employment to employ persons to perform similar duties, the employer shall give preference to the former employee whose services have been terminated.

Proceedings before the Commissioner, Minister and Hearing Officer.

43. (1)        Any employer or employee or any person or organization acting on his behalf, as the case may be, may make a complaint to the Commissioner that the provisions of this Act have been contravened by an employer or employee and in any complaint made to the Commissioner in accordance with this subsection, the employee and employer shall have the right to be represented.

43. (2)        Upon receipt of a compliant under the proceeding subsection, the Commissioner shall forthwith take appropriate steps in accordance with the provisions of the Labour Ordinance to assist the parties to arrive at a settlement.

43. (3)        If within fourteen days after the receipt of a complaint under this section, the Commissioner has failed to achieve a voluntary adjustment or settlement, he shall refer the matter, with a full report thereon, to the Minister.

43. (4)        On referral of a matter to him the Minister shall seek to settle or adjust the matter or in any case that he considers necessary he may refer the matter to an officer hereinafter referred to as a Hearing Officer who shall have the same powers conferred on the Commissioner under the Labour Ordinance.

43. (5)        The Minister may, by order, appoint one or more persons to function as Hearing Officer generally  or in relation to one or more cases, or authorise any officer to exercise the powers of a Hearing Officer.

43. (6)        The Hearing Officer shall after issue of notice to all the interested parties either-

(a)    hold a conference and attempt to narrow down the issues and then adjudicate on the dispute; or

(b)    proceed to hear the matter and make his findings on the dispute.

43. (7)        The Hearing Officer shall within fourteen days of the closing of the hearing give his decision on the matter in writing.

43. (8)        Any employer or employee who is dissatisfied with any recommendations or finding given or made under this section may appeal to a Judge in Chambers who may in addition to any other remedy, order reinstatement of any employee or make any award of compensation.

Offences and burden of proof.

44. (1)        Any person who –

(a)    makes any false statement knowingly to evade, increase or decrease the payments under this Act;

(b)    produces or furnishes or knowingly allows to be produced or furnishes any document or information which is false in any material respect; or

(c)    misrepresents or fails to disclose any material fact.

shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding two thousand five hundred dollars or a term of imprisonment not exceeding six months or to both such fine and imprisonment.

44.(2)        Any employer who fails to comply with any of the provisions  of this Act other than the offence specified in the above subsection shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding two thousand dollars.

44. (3)        The burden of proof in all matters of termination of employment under this Act shall be on the employer.

Regulations.

45.        The Minister may make regulation for carrying but the provisions and purposes of this Act.

Order by minister.

46.        Where any difficulty arises in the interpretation of the provisions of this Act, the minister may make any order, not inconsistent with the purposes of this Act to remove the difficulty.

More favorable terms and conditions.

47.        Nothing in this Act is to be interpreted to prevent any employer form providing in respect of any employee terms and conditions more favorable than those required by this Act

SAINT CHRISTOPHER AND NEVIS

THE PROTECTION OF EMPLOYMENT (AMENDMENT) ACT, 2001

AN ACT to amend the Protection of Employment Act 1986, No. 6 to rectify certain injustices to the employee.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the National Assembly of  Saint Christopher and Nevis and by the authority of the same as follows:-

Short Title.

1.        This Act may be citied as the Protection of Employment (Amendment) Act, 2001.

Amendment to section 2.

3.Section 2 of the Protection of Employment 1986, No 6 (in this Act referred to as “the principal Act”) is amended by deleting the expression “casual worker” and its definition and substituting the following expression and its definition-

“casual worker” means any person whose employment is a chance employment based on no contract to employ, even though there could be reasonable expectation of being employed;”

Amendment to section 5.

3. (1)        The principal Act  is amend by renumbering the existing section 5 as subsection (1) if section 5 and by deleting the provisions immediately following paragraph (c) and inserting the following new subsection:

3. (2)        Subsection (c) of section 5 shall apply only when the employer has warned the employee in writing on at least two occasions within the six months preceding the termination of employment, indicating the nature of the misconduct or unsatisfactory performance of duties and in the case of the last warning, the intention of the employer to terminate the services of the employee if similar misconduct is repeated or the unsatisfactory performance of duty persists.”

Amendment to section 7.

4. (1)        Section 7 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:-

Subject to the provisions of section 5 of this Act, an employer shall give an employee notice of termination of services of the employee on the following basis-

(a)    An employee with three months, but less than one year’s continuous service, one week;

(b)    An employee with one year, but less than three year’s continuous service, two weeks;

(c)    An employee with, three years but less than five year’s continuous service, three weeks;

(d)    An employee with five years, but less than seven year’s continuous service, four weeks;

(e)    An employee with seven years, but less than ten year’s continuous service, five weeks;

(f)    An employee with ten years, but less than fifteen year’s continuous service, six weeks;

(g)    An employee with fifteen years and over continuous service, ten weeks;

(h)    An employee paid on a monthly basis who has completed three months, but less than five years continuous services, one month;

(i)    An employee paid on a monthly basis who has completed five years, but less than ten years continuous services, two months;

(j)    An employee paid on a monthly basis who has completed ten years and over continuous service, three months;

4. (2)        Section 7 of the principal Act is amended by deleting subsection (3) and substituting the following subsection.

4. (3)         Where an employer contemplates laying off or terminating the employment of ten or more employees or 10% or more employees (whichever is less) on any of the grounds specified under section 5 (1) at the same time, the employer shall, not less than one month before any proposed lay off or termination, notify the Labour Commissioner in writing of –

(a)    the reasons for the lay off or terminations

(b)    the number and categories of employees affected;

(c)    the period over which the termination are intended to be carried out: and

(d)    a summary of the results of any consultations with any trade union representing the employees.”

Amendment to section 11.

5.    Section 11 of the principal Act is amended –

(a)    by deleting the full stop at the end of paragraph (g) and substituting a semi colon; and

(b)    by inserting the following paragraph immediately after paragraph (g) –

“(h)    absence form work to attend a court hearing in response to a summons, provided prior notice has been given to the employer;”.

Amendment to section 25.

6.        Section 25 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:

“(1)    Where an employee has been continuously employed for a period of not less than one year and the employer terminates the services of that employee on any grounds specified in paragraph (d), (e), (f) or (g) of section 5 (1), or the employee has terminated his or her services in pursuance of section 8 (3), the employee shall be entitled to severance payment.”

SAINT CHRISTOPHER, NEVIS AND ANGUILLA

THE PROTECTION OF WAGES ORDINANCE, 1967

Arrangement of Sections

1.  Short Title

2.  Interpretation.

3.  Agreement to pay wages otherwise than in money illegal.

4.  Agreement as to place or manner of spending wages illegal.

5.  Wages to be paid entirely in money, and on working day.

6.  Wages to be paid directly to workers.

7.  Wages not to be paid in liquor or on certain premises.

8.  Wages to be paid at regular intervals.

9.  Payment of wages on termination contract.

10.  Remuneration other than wages.

11.  Workers right to recover.

12.  Wages in case of bankruptcy

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

14.  Register of wage payment.

15.  Limitation of adventure wages.

16.  Interest on advance prohibited.

17.  Illegal advances to irrecoverable.

18.  Deductions or payments fines restricted.

19.  Certain deductions authorized.

20.  Deductions for obtaining or retaining employment prohibited.

21.  Saving as to judgment debts.

22.  Limitations on attachment or seizure of wages.

23.  Co-operative work.

24.  Penalty.

25.  Actual offender to be proceeded against.

26.  Power to make regulations.

27.  Prosecution to be instituted within one year of offence.

28.  Commencement

An Ordinance to make provision for the protection of wages of workers.

(On Proclamation)

Commencement: 23rd February, 1967

Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council of Saint Christopher, Nevis and Anguilla, and by the authority of the same as follows:-

Short title

1.        This Ordinance may be citied as the Protection of the Wages Ordinance, 1967

Interpretation

2.        In this Ordinance unless the context otherwise requires-

“work” includes work ordinarily performed by mechanics, handicraftsmen, seamen, boatmen, longshore-men, transport workers, domestic servants and all laborers and any other similar work associated therewith, including workers in the catering  trades and in clerical offices or organizations connected with any of the aforementioned trades or businesses.

“workers” means a person employed in the activities mentioned under the aforesaid term “work”.

Agreement to pay wages otherwise than in money illegal.

3.        In every agreement or contract for the hiring of any worker, or for the performance by any such worker within the Colony except as otherwise provided in this Ordinance, the wages of any such worker shall be made payable in Eastern Caribbean currency, or, with the consent in writing of the worker concerned, in any other currency which is legal tender in the Colony and not otherwise, and if any such agreement or contract the whole or any part of such wages shall be made payable in any other manner, such agreement or conduct shall be illegal, null and void.

Agreement as to place or manner of spending wages illegal.

4. (1)          No employer shall by himself or by his agent impose in any agreement or contract written or unwritten for the employment of any worker any terms as to the place or the manner in which, or the person with whom, any wages or portion of wages paid to the worker are or is to be expended, and every such agreement or contract between an employer and a worker wherein any such terms are expressed or implied shall be illegal, null and void.

4. (2)          Where stores for the sale of commodities to the workers are established or services are operated in connection with any undertaking, the workers concerned shall not be compelled either directly to make use of such stores or services.

4. (3)          Any employer or other person who, directly imposes, as a condition of the payment of any wages or advance to a worker or a member of his family, any order or agreement as to the place or the manner in which or the person with whom any portion of such wages or advance is to bee expended, shall be guilty of an offence against this Ordinance.

Wages to be paid entirely in money, and on working day.

5. (1)          Except where otherwise permitted by the provisions of this Ordinance, 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 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:

Provided that the Labour Commissioner may permit or prescribe the payment of wages by bank cheque, postal order or money order in cases where payment in this manner may be desirable, or where any collective agreement or arbitration award so provides, or where the consent of the worker so to do is obtained.

5. (2)          Except where otherwise expressly permitted by the provisions of this Ordinance, the payment of wages where made in legal tender shall be made on working days only and at or near the work-place.

Wages to be paid directly to workers.

6.         Wages shall be paid directly to the worker to whom they are due or to a person specified by him in writing except as is provided in section 22.

Wages not to be paid in liquor or on certain premises.

7.        No employer shall give to any worker any intoxicating liquor by way of remuneration for his services, or pay wages to any worker in any retail shop or place for the sale of any intoxicating liquor, wine, beer or other spirits, or in any shops or stores for the sale of merchandise, or in any place of amusement, or in any office of the places aforementioned:

Provided that nothing in this Ordinance shall be construed to prevent a worker from receiving his wages in any of the abovementioned places if he is bona fide employed therein.

Wages to be paid at regular intervals.

8.         Wages shall be paid at regular intervals and shall be due to be paid-

(a)     not less often than once a week in the case of workers whose wages are fixed by the hour or day or week;

(b)      not less often than once a fortnight in the case of workers whose wages are fixed on a fortnightly basis;

(c)      not less often than once a month in the case of workers whose wages are fixed on a monthly or annual basis;

(d)      in the case of workers employed to perform a task the completion of which requires two weeks or more, not less often than once a fortnight in proportion to the amount of work completed:

Provided that the provisions of this section shall not apply where an agreement is entered into between an employer or employers or organizations of employers, on the one hand, and trade unions representative of the workers concerned, on the other, fixing other intervals for the payment of wages.

Payment of wages on termination contract.

9. (1)          If a contract of service is terminated not less than one week before wages in respect of that contract of services become due to be paid, such wages shall be paid within one week of the termination of the contract.

9. (2)          In the case of casual workers employed for short periods wages shall be paid immediately on completion of the work.

Remuneration other than wages.

10.          Nothing in this Ordinance shall render illegal an agreement , or   contract with a worker for giving to him food, dwelling-place or other allowances or privileges in addition to any wages as a remuneration for his services, but so that no employer shall give to a worker any intoxicating liquor or noxious drugs by way of such remuneration.

Workers right to recover.

11.        Notwithstanding the provisions of any law every worker shall be entitled to recover in a court of summary jurisdiction so much of his wages exclusive of sums lawfully deducted in accordance with the provisions of this to him in Eastern Caribbean currency or other legal tender.

Wages in case of bankruptcy.

12.        In the event of the bankruptcy or judicial liquidation of an undertaking, the workers employed therein shall be treated as privileged creditors either as regards all the wages due to them for service in respect of any period prior to the bankruptcy or judicial liquidation or up to a prescribed amount, as may be ordered by a court.

Rates of wages to be notified by employer to worker.

13.        Employers shall take effective measures to ensure that all workers are informed in any appropriate and easily understandable manner-

(1)     before they enter employment, and at least two weeks any      changes take place, of the conditions of employment and the rates of remuneration under which they are to be employed;

(2)      at the time of each payment of wages, of the particulars of their wages for the pay period concerned in so far as such particulars have been in any way altered.

Register of wage payment.

14.        Every employer shall keep a register of wage payments and workers’ accounts, and every worker shall be entitled on demand to a copy of his account in any period.

Limitation of adventure wages.

15. (1)     An employer may make cash advance on account of unearned wages to  a worker during his employment but so that such advance shall not exceed-

(a)    one week wages in the case of workers whose wages are fixed by  the week.

(b)     one fortnight’s wages in the case of workers whose wages are  fixed on a fortnightly basis; and

(c)     one month’s wages in the case of workers wages are fixed on a monthly basis:

Provided always that an employer may make such an advance to a worker not earlier than one week before the agreed date of employment, and the employer shall at the time of making such advance, inform the worker of the amount of the advance permitted in his case.

Interest on advance prohibited.

16.        No employer shall make any deductions by way of discount, interest or any similar charge on account of any advance of wages made to any worker in anticipation of the regular period of payment of such wages.

Illegal advances to irrecoverable.

17.        All advances made otherwise than in accordance with the provisions of this Ordinance or any Regulations made thereunder shall be unlawful and shall be irrecoverable in a court of law whether by way of counterclaim, set-off or otherwise.

Deductions or payments fines restricted.

18.        Except where otherwise expressly permitted by the provisions of this Ordinance or of any other Ordinance no employer shall make any deduction or make any agreement or contract with a worker for any deduction from the wages to be paid by the employer to the worker, or for any payment to the employer by the worker, for or in respect of any fine, or for bad negligent work or for injury to the materials or other property of the employer save with the prior permission of the Labour Commissioner when such injury is occasioned by the willful misconduct or neglect of the worker.

Certain deductions authorized.

19.        Any employer may deduct or stop from the wages payable to a worker under a contract of service-

(a)     the actual or estimated cost to the employer of any materials, tools and implements, supplied by the employer to the worker at the latter’s request to be used by him in his occupation ; or

(b)     any cash advance previously lawfully made to the worker on account of unearned wages; or

(c)     the amount of any contribution to  a provident or pension fund or any scheme agreed to in writing by the worker and approved by the Labour Commissioner:

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 section shall not exceed one-third of the wages of the worker in that pay period.

Deductions for obtaining or retaining employment prohibited.

20.        Deductions in the form of direct or indirect payments for the purpose of obtaining or retaining employment shall not be made from the wages of a worker by an employer, or by any intermediary or labour contractor or recruiter.

Saving as to judgment debts.

21.        During the period of his contract, a worker receiving an advance under this Ordinance shall not by reason only of such advance be deemed to have or to have had means and ability to pay any sum due to him under any judgment of a court.

Limitations on attachment or seizure of wages.

22. (1)     Notwithstanding the provisions of any other law the wages of a worker shall be liable to attachment or seizure in execution only with the following limits:-

(a)     up to one-half in respect of maintenance payments;

(b)     up to one-third in respect of all debts of any kind and however contracted.

22. (2)     The proportions prescribed in the preceding subsection shall not be applicable cumulatively on the ground that there are several debts or several creditors, the maximum proportion in all cases remaining fifty per centum of the wages. The sums attached or seized shall be divided among the claimants in proportion to their established claims.

Co-operative work.

23.         Nothing in this Ordinance shall be held to apply to members of a co-operative working on a co-operative basis or individuals engaging in an ad hoc co-operative effort.

Penalty.

24. (1)        Any employer or his agent who-

(a)     enters into any agreement or contract or gives any remuneration  for employment contrary to the provisions of this Ordinance or declared by the Provisions of this Ordinance to be illegal: or

(b)     makes any deduction from the wages of any worker or receives any payment form any worker contrary to the provisions of this Ordinance; or

(c)     contravenes the provisions of Section 7 of this Ordinance;

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred dollars.

24. (2)     Any employer or other person who acts in contravention of or fails to comply with any of the provisions of this Ordinance shall be guilty of an offence and where no special penalty is provided shall be liable on summary conviction to a fine not exceeding one hundred dollars.

Actual offender to be proceeded against.

25. (1)         Where an employer is charged with an offence under the provisions of this Ordinance he shall be entitled, upon information duly laid by him, to have any other person whom laid by him, 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 proved, the employer proves to the satisfaction of the court that he has used due diligence to enforce the provisions of this Ordinance and that the other person has committed the offence in question without his knowledge , consent or connivance, the said other person shall be summarily convicted of such offence and the employer shall be exempt from any penalty.

25. (2)     When it is made to appear to the satisfaction of the Labour Commissioner at the time of discovering the offence that the employer has used due diligence to enforce the provisions  of this Ordinance and also by what person such offence has been committed, and also that it has been committed without the knowledge, consent  or connivance of the employer, then the Labour Commissioner shall proceed against the person whom he believes to be the actual offender in the first instance without first proceeding against the employer.

25. (3)     On the hearing of a compliant charging an offence under paragraph (b) of subsection (1) of section 24 of this Ordinance, the court may on the offence being proven order the employer or his agent to pay to the worker concerned that part of the wages found to have been deducted or as case may be received as payment contrary to the provisions of this Ordinance.

25. (4)     Payment of any sum ordered by a Court to be paid under subsection (3) of this section may be enforced in the manner prescribed by section 104 of the Magistrate’s Code of Procedure Act.

25. (5)        The power of the Court to make an order under subsection ( 3) of this section shall not be in derogation of any right of the worker concerned to recover the sum by any other proceedings:

Provided that no worker shall be entitled in other proceedings to recover any amount which a Court has ordered to be paid under the provisions of subsection (3) of this section.

Power to make regulations.

26. (1)     The Administrator in Council may make Regulations generally for the proper carrying out of the provisions of this Ordinance.

26. (2)         Regulations made under this Ordinance may prescribe for any contravention thereof or failure to comply therewith a fine not exceeding one hundred dollars on summary conviction.

Prosecution to be instituted within one year of offence.

27.         No prosecution for any offence under this Ordinance shall be instituted after the expiration of one year from the date of the commission of the offence.

Commencement.

28.        This Ordinance shall come into force on a date to be appointed by the Administrator by proclamation published in the Gazette.

STATE OF SAINT CHRISTOPHER, NEVIS AND ANGUILLA

PROTECTION OF WAGES (AMENDMENT)

AN ACT to amend the Protection of Wages Act 1967.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the House of Assembly of Saint Christopher, Nevis and Anguilla, and by the authority of the same as follows:-

Short Title.

1.        This Act may be cited as the Protection of Wages (Amendment) Act 1972 and shall be read constructed as one with the Protection of Wages Act 1967 hereinafter referred to as the Principal Act.

Interpretation.

2.        In this Act –

“Labour Commissioner” has the meaning assigned to it in the Labour Ordinance 1966.

“Union means a trade union as defined in the Trade Unions Act, [Cap. 853.]

3.        The Principal act hereby amended by inserting as Section 29 Immediately after Section 28 thereof the following:-

Deduction of Union Dues Authorised.

29. (1)        Notwithstanding any or all of the provisions of the Principal Act it shall by lawful for an employer acting in pursuance of a written agreement made between such employer and a Union bargaining on behalf of the workers employed by such employer to deduct from the wages of any worker an amount representing Union dues or the equivalent thereof.

29. (2)         No deduction shall be made in pursuance of the provisions of Subsection (1) hereof unless an agreement made as aforesaid has been signed by or on behalf of the Union and the employer and witnessed by the Labour Commissioner and a copy thereof lodged with the Labour Commissioner.

Repeat of Section 20.

4.        Section 20 of the Principal Act is hereby repeated.

SAINT CHRISTOPHER AND NEVIS

THE SOCIAL SECURITY (AMENDMENT) ACT, 1988

AN ACT to amend the Social Security Act 1977 (No.13 of 1977) and for matters connected therewith or incidental thereto.

BE IT ENACTED by the Queen Most Excellent Majesty by and with the advice and consent of the National Assembly of Saint Christopher and Nevis and by the Authority of the same as follows:-

1.        This Act may be citied as the Social Security (Amendment) Act 1988 and shall come into operation on such date as may be appointed by the minister by Order published in the Gazette.

2.        In this Act, unless the context otherwise requires

“principal Act” means the Social Security Act 1977.

3.        Subsection (1) of section 31 of the principal Act is hereby amended-

(a)    by inserting a semicolon at the end of the paragraph beginning with “old age : and ending with “occupation”;

(b)    by the addition of the following new paragraph immediately after the paragraph beginning with “old age” and ending with “occupation” –

“Non-contributory invalidity assistance, that is to say, periodical payments to persons of the age 16 to 62 years and who are rendered permanently incapable of work otherwise than as a result of employment injury”.

4.        Subsection (3) of section 45 hereby amended as follows –

(a)    by substituting the words “six years” for the words “three months” in line 5;

(b)    by substituting the words “six years for the words “twelve months” in line 8.

5.        Subsection (2) of section 47 is hereby amended by substituting the words “six years for the words “three years” in lines 3 and 4.

6.        The Workmen’s Compensation Act 1955 (Cap 354) shall be deemed to have been with effect form 16th December, 1985

SAINT CHRISTOPHER, NEVIS AND ANGUILLA

STATUTORY RULES AND ORDERS

1798 No. 23

THE SOCIAL SECURITY ACT, 1977

No. 13 of 1977

THE SOCIAL SECURITY (BENEFITS) REGULATIONS, 1978

Arrangement of Regulations

1.    Citation.

Part I – Preliminary.

2.    Interpretation.

Part II – Claims.

3.    Claims to be made in writing.

4.    Information to be given.

5.    Date for claims.

6.    Amendment of claims.

7.    Interchange of claims.

8.    Time for claiming.

Part III – Benefits.

A. Sickness Benefits.

9.    Entitlement.

10.    No Entitlement after 62.

11.    Support of claim.

12.    Conditions to be satisfied.

13.    Commencement.

14.    Duration.

15.    Amount.

B. Maternity Benefit.

16.    Entitlement.

17.    Support of claim.

18.    Conditions to be satisfied.

19.    Certificate of confinement.

20.    Duration.

21.    Amount.

C. Invalidity Benefit.

22.    Entitlement.

23.    Support of claim.

24.    Conditions to be satisfied.

25.    Duration.

26.    Amount.

27.    Extent to which contributions may be applied in respect of future claims to benefit.

D. Age Benefit.

28.    Pension: entitlement and conditions to be satisfied.

29.    Grant: Entitlement and conditions to be satisfied.

30.    Duration of age pension.

31.    Amount of pension.

32.    Amount of grant.

33.    Age pension for persons over 52 on 1. 2. 1978.

E. Funeral Grant.

34.    Entitlement.

35.    Conditions to be satisfied.

36.    Support of claim.

37.    Amount.

F. Survivor’s Benefit.

38.    Entitlement.

39.    Support of claim.

40.    Widows.

41.    Widowers.

42.    Children.

43.    Amount.

44.    Insufficiency of amount available for distribution to children.

Part IV – Assistance

45.    No assistance when invalidity or age benefit awarded.

46.    Entitlement.

47.    Review

48.    Duration.

49.    Amount.

Part V – Payment of Benefit.

50.    Time and manner of payment of benefit.

51.    Books of orders to remain property of Board.

52.    Board may make other arrangements for payment in certain cases.

53.    Other methods of payment of pensions.

54.    Information to be given when obtaining payment.

55.    Extinguishment of right to sums payable by way of benefit not obtained within prescribed time.

56.    Beneficiaries to notify changes of circumstances.

57.    Person unable to act.

58.    Payment on death.

Part VI –Miscellaneous.

59.    Credited contributions.

60.    Payment of maximum contributions.

61.    Entitlement to more than one benefit.

62.    Beneficiaries aboard.

63.    Payment of benefit to beneficiaries aboard.

64.    Deferment of claims and forfeiture aboard.

65.    Persons undergoing imprisonment or detention.

66.    Offences.

Schedule – Medical certificates.

In exercise of the powers conferred on him by section 56 of the Social Security Act, 1977 the Minister of Agriculture, Lands, Housing and Labour hereby makes the following Regulations:-

Citation.

1.         These Regulations may be cited as the Social Security (Benefits) regulations, 1978.

PART I

PRELIMINARY

Interpretation.

2.        In these Regulations, unless the context otherwise requires –

“appeals tribunal” means an appeal tribunal established and constituted under the Social Security (Determination of Questions) Regulations, 1978;

“claimant” includes a person claiming assistance and a person claiming benefit or assistance on behalf of another person;

“confinement” means labour resulting in the birth of as living child or labour after less than twenty-eight weeks pregnancy resulting in the birth of a whether alive  or dead;

“contribution” means the total of an employer’s and an employed person’s contributions;

“contribution week” and “contribution year” have the same meanings respectively as in the Contributions Regulations;

“Contribution Regulations” means the Social Security (Contributions) Regulations, 1978

“determining authority” means as the case may be require, the Board, the director, an appeal tribunal or the High Court;

“grant” means maternity, age or survivor’s benefit paid by a single payment;

“invalid” means a person incapable of work as the result of a specific disease or of bodily or mental disablement, other than an employment injury, being such a disease or disablement as is likely to remain permanent; and “invalidity” shall be construed accordingly;

“medical examination” includes bacteriological and radiological tests and similar investigations, and references to being medically examined shall be construed accordingly;

“medical practitioner” includes a person practicing medicine outside the sate who, not being a registered medical practitioner, is qualified to practice medicine and is not prohibited from so doing under the law of the place where he practices;

“midwife” means a person registered under the Midwifery Act;

“payable order” means a draft or voucher, order or any other instrument whatsoever except a serial order, which is payable through the Post Office, the office of the Board or a bank;

“pension” means sickness, maternity, invalidity, age or survivor’s benefit paid by periodical payments;

“pension order” means an order of payment through the Post Office, the office of the Board or a bank of a weekly sum on account of pension;

“serial order” means one of a series of orders, including pension orders, for the payment through the Post office, the office of the Board or bank of a sum on account of benefit which is or has been contained in a book of such orders;

“wages” means gross earnings calculated in accordance with Regulation 6 of the Contributions Regulations.

PART II

CLAIMS

Claims to be made in writing.

3.(1)         A claim for benefit or assistance shall be made in writing to the director on the form approved by the  Board for the purpose of claiming that benefit or assistance, or in such other manner, being in writing, as the Director may accept as sufficient in the circumstances of any particular case or class of cases.

3. (2)        Forms of claim shall be supplied without charge by the Board.

3. (3)        Where a claim for benefit or assistance has been made on an approved form other than the appropriate form the claim may be treated as if had been made on the appropriate form:

Provided that the Director may in any such case require the claimant to complete the appropriate form.

Information to be given.

4. (1)        A claimant shall furnish such certificates, documents, information and evidence for the purpose of determining the claim as is prescribed in these Regulations; and the Director may require any claimant to attend at such place as the director may specify and there to submit himself to medical or other examination by one or more medical practitioners or other persons appointed by the Board for that purpose.

4. (2)        If so required by the Director, a claimant shall in particular furnish the following information concerning himself and person making a claim on behalf of another person shall furnish such information about the person for whom the benefit or assistance is claimed –

(a)    his name, certificate of birth, usual place of residence, employment or former employment and, not being the claimant, his relationship to the claimant;

(b)    his position in regard to benefit or assistance under the Act, available sources of income and the amounts contributed by any person towards his maintenance; and

(c)    in the case of a claim in respect of a wife or husband, or a widow or widower, or a claim based on the fact that the wife, husband, widow or widower was an insured person, a certificate to the marriage, or evidence of cohabitation;

together with a declaration confirming the information given.

4. (3)        The Director may accept in support of claims and in the absence of any certificate or document mentioned in the foregoing paragraphs –

(a)    as proof of kinship or marriage or cohabitation, evidence of other persons or other documentary evidence;

(b)    as proof of age, extracts form baptismal records or school records or such other evidence as he considers satisfactory.

Date for claims.

5.        For the purpose of any claim to benefit or assistance the day of receipt of the claim at the office of the Director shall be deemed to be the date of the claim.

Amendment of claims.

6. (1)        If a claim is detective when it is received by the Director, the Director may refer the claim to the claimant and, if the form is returned properly completed within one month, from the date on which it is so referred, the claim shall be treated as if it had been duly made in the first instance.

6. (2)        A claimant who has made a claim in accordance with these Regulations may amend the claim at any time before a decision has been given thereon by notice in writing delivered or sent to the Director, and any claim so amended shall be treated as if it had been duly made in the first instance.

Interchange of claims.

7.        Where it appears that a claimant for one benefit or assistance may be entitled to some other benefit or assistance, the claim may be treated by the Director as a claim for that other benefit or for assistance.

Time for claiming.

8.        The time for claiming benefits shall be –

(a)    in the cases of sickness benefit, not later than ten days form the earliest day in respect of which incapacity for work is certified;

(b)    in the case of maternity benefit –

(i)    if maternity allowance is claimed before confinement, not earlier than six weeks beginning with the contribution week before the contribution week in which it is expected that the claimant will be confined;

(ii)    in any other case, within three weeks beginning with the date of confinement;

(c)    in the case of invalidity, age or survivor’s benefit, within three months from the date on which, apart form satisfying the condition of making a claim, the claimant becomes entitled thereto;

(d)    in the case of funeral grant, within six months form the date of death of the deceased.

8. (2)        Subject to paragraphs (3) and (4) a person failing to make a claim for benefit or assistance within the time prescribed shall be disqualified form receiving –

(a)    in the case of sickness benefit in respect of any day more than ten days before the date on which incapacity for work is certified, subject to Regulation 13;

(b)    in the case of maternity benefit, benefit in respect of any period before the beginning of the contribution week in which the claim is made;

(c)    in the case of invalidity, age or survivor’s benefit, benefit in respect of any period more than three months before the date of which the claim is made;

(d)    in the case of funeral grant, the grant;

(e)    in the case of assistance, payment in respect  of any period more than one month before the date on which the claim was made.

8. (3)        If in any case the claimant proves –

(a)    that on a date earlier than the date on which the claim was made, apart form satisfying the condition of making a claim, be was entitled to the benefit or to assistance; and

(b)    that throughout the period between the earlier date and the date on which the claim was made there was good cause for delay in making such claim,

he shall not be disqualified under paragraph (2) form receiving any benefits of the assistance to which he would have been entitled if the claim had been made on the earlier date.

8. (4)

(a)    No sum shall be paid by way of sickness, maternity, invalidity, age or survivor’s benefit in respect of any period more than six months before the date on which the claim there for is duly made.

(b)    No sum shall be paid by way of funeral grant if the claim therefor is not duly made within twelve months after the date of the death of the person in respect of whom the grant is payable.

(c)    No sum shall be paid by way of assistance in respect of any period more than three months before the date on which the claim therefor is duly made.

8.  (5)        Without prejudice to paragraphs (1) to (4), where it has been certified by a medical practitioner that a person is capable of work and will continue to be incapable of work for a period specified in the certificate, a claim for sickness benefit may, unless the Director otherwise orders, be made by the person in respect of the period, or such shorter period as the Director may in the circumstances determine, in either case commencing immediately after the date of the certificate.

PART III

BENEFITS

A. Sickness Benefits.

Entitlement.

9.         Subject to the provisions of these Regulations, sickness benefit shall be awarded to an insured person who is rendered incapable of work as a result of some specific disease or of bodily or mental disablement other than employment injury; and for this purpose an insured person shall be treated as incapable of work on any day during which he is required to abstain for work because he is under observation by reason of being a carrier, or his having being contact with the case, of infectious disease.

No entitlement after 62.

10.        No insured person shall be awarded or paid sickness benefit on or after attaining the age of sixth-two years.

Support of claim.

11.        A claim for sickness benefit shall be supported by a certificate of a medical practitioner in accordance with the Schedule to these Regulations or by such other evidence as the Director may require for the purpose of establishing the insured person’s incapacity for work.

Conditions to be satisfied.

12.    Sickness benefit shall be awarded only if the insured person had been an insured person not less than twenty-six contribution weeks and –

(a)    was an employed person immediately before the day on which incapacity commenced; and

(b)    had actually paid or had actually at least eight contributions in the period of thirteen weeks immediately preceding the contributions week in which the first day of the continuous period of incapacity for work occurred.

Commencement.

13.        An insured person who is awarded sickness benefit shall not be entitled to receive such benefit for the first three days of any continuous period of incapacity for work but only from the fourth day of any such period;

Provided that for the purpose of computing the first three days of any continuous period of incapacity for work –

(a)    public holidays shall be included: and

(b)    Sundays shall not be included.

Duration.

14.        Subject to the provisions of these Regulations, sickness benefit shall be paid in respect of each day (excluding Sundays) as long as incapacity for work continues, subject to a maximum of twenty-six days in any one continuous period of in capacity for work.

Amount.

15. (1)        The daily rate of sickness benefit shall be fifty percent of the average weekly wages of the insured person, divided by six.

15. (2)        Wages for the purpose of this Regulations shall include any contributions credited in accordance with Regulations 59 and the weekly average thereof shall be those wages for the thirteen continuous contribution weeks immediately proceeding the week in which incapacity for work began or was deemed to have begun, divided by thirteen;

Provided that any two or more periods of incapacity for work not separate by more than eight weeks shall be treated as one continuous period of incapacity for work starting on the first day of the first of those periods, and the daily rate of benefit payable in respect of the later period or periods shall be the rate paid during the first period.

B. Maternity Benefit.

Entitlement.

16.        Subject to the provisions of these Regulations, maternity allowance and maternity grant shall be awarded to a woman who is an insured person in respect of her pregnancy and confinement and maternity grant shall be awarded to a woman who is the wife of an insured person in respect of her pregnancy and confinement:

Provided that if a woman is at the same time herself an insured person and the wife of an insured person maternity grant shall be awarded to her either as the insured person or as the  wife of the insured person and not in both capacities.

Support of claim

17.        A claim for maternity benefit shall be supported by a certificate of a medical practitioner or a midwife in accordance with the Schedule to these Regulations or by such other evidence as the Director may require for the purpose of establishing the pregnancy or confinement, as the case may be.

Conditions to be satisfied.

18. (1)        Maternity allowance shall be awarded only if the insured person has been an insured person for at least thirty-nine contribution weeks and if not fewer than twenty-six contributions have actually been paid by or on behalf of, or  credited by virtue of Regulations 59 to, that person in those contribution weeks, being the contribution weeks immediately preceding the contribution week in which occurs the day which is six weeks before the expected day of confinement or in which occurs the day form which the allowance is claim, whichever is the later.

18. (2)        Maternity grant shall be awarded only if not fewer than twenty-six contributions have actually been paid by or on behalf of the insured person during the thirty-nine contribution weeks immediately preceding the week in which occurs the day of confinement.

Certificate of confinement.

19.         A woman who has been awarded maternity allowance before she was confined shall, as soon as possible after her confinement, obtain a certificate of her confinement in accordance with the Schedule to these Regulations and send it to the Director within three weeks of her confinement or, within the same period, furnish the Director with such other evidence of her confinement as he may require.

Duration.

20.        Subject to the provisions of these Regulations, a maternity allowance shall be paid for a period starting on a date not earlier than six weeks before the expected date of confinement and continuing until the expiration of –

(a)    thirteen week, or

(b)    six weeks form the day of confinement,

whichever shall be the later.

Amount.

21. (1)        The daily amount of maternity allowance shall be fifty percent of the average weekly wages of the insured person, divided by six.

21. (2)        Wages for the purpose of this Regulation shall include any contributions credited in accordance with Regulation 59 and the weekly average thereof shall be the sum of those wages for the thirty-nine continuous  contribution weeks immediately preceding the contribution the contribution week in which the allowance is due to be paid for the first time, divided by thirty-nine.

21. (3)        The amount of maternity grant shall be $50 in respect of each child born at one confinement.

C  Invalidity Benefit

Entitlement.

22.        Subject to the provisions of these Regulations, invalidity benefit shall be awarded to an insured person who is an invalid.

Support of claim.

23.         A claim for invalidity benefit shall be supported by a certificate of a medical practitioner in accordance with the Schedule to these Regulations or by such other evidence as the Director may require for the purpose of establishing the insured person’s incapacity for work.

Conditions to be satisfied.

24.        Invalidity benefit shall be awarded only if –

(a)    the insured person has not attained the age of sixty-two years; and

(b)    not fewer than one hundred and fifty contributions have actually been paid by him or on his behalf.

Duration.

25.        Subject to the provisions of these Regulations invalidity benefit shall be paid for so long as invalidity continues.

Amount.

26. (1)        The annual amount of invalidity benefit shall be thirty percent annual wages of the insured person or of $24,000, whichever shall be the lesser, to which shall be added –

(a)    two percent of his average annual wages or of $24,000, whichever shall be the lesser, for each unit of fifty contributions actually paid in respect if him, or credited to him in accordance with regulations 59, subsequent to the total first five hundred of such contributions and up to a total of seven hundred and fifty of such contributions; and

(b)    one percent of his average annual wages or of $24,000, whichever shall be the lesser, for each unit of fifty such contributions in excess of seven hundred and fifty of such contributions:

Provided that in no case shall invalidity benefit exceed sixty percent of the insured person’s average annual wages or $16,800 per annum, whichever shall be the lesser, nor be than $8 a week.

26. (2)        Average annual wages for the purpose of this Regulation shall be the sum of the weekly wages paid to the insured person during the three best contribution years out of his last fifteen contribution years, or such lesser number being the total number of contribution years since 1st February 1978, divided by three.

26. (3)        The weekly rate of invalidity benefit shall be the annual rate thereof divided by fifty-two and rounded to the nearest multiple of ten cents.

Extent to which contributions may be applied in respect of future claims to benefit.

27.        If invalidity benefit ceases to be paid because the beneficiary ceases to be an invalid, any contributions which were taken into account for the purpose of the award or the amount of that benefit may be taken in to account in respect of any subsequent claim by that insured person for invalidity benefit or of any claim by that person for age benefit.

D. Age Benefit.

Pension entitlement and conditions to be satisfied.

28. (1)        Subject to the provisions of paragraph (2) and of these Regulations, age benefit shall be awarded as a pension to an insured person who has attained the age of sixty-two years and –

(a)    by or on behalf of whom not fewer than one hundred and fifty contribution have actually been paid; and

(b)    by or on behalf of whom  a total of not fewer than five hundred contributions have actually been paid or have been credited by virtue of Regulations 33 and 59.

28. (2)        Age benefit shall not be awarded to a beneficiary to whom invalidity is being paid.

Grant entitlement and conditions to be satisfied.

29.        Subject to the provisions of these Regulations, age benefit shall be awarded as a grant to an insured person who does not satisfy the requirements set out in Regulation 28 but who has attained the age of sixty-two years and by or on behalf of whom not fewer than fifty contributions have been paid or have been credited by virtue of Regulation 59.

Duration of age pension.

30.        Subject to the provisions of these Regulations, age pension shall be paid from the date of the beneficiary’s sixty-second birthday until his death.

Amount of pension.

31. (1)        The annual amount of age pension shall be thirty percent of the average of the average annual wages of the insured person or of $24,000, whichever shall be the lesser, to which shall be added –

(a)    two percent of his average annual wages or of $24,000, whichever shall be the lesser, for each unit of fifty contributions actually paid in respect of him, or credited to him in accordance with Regulations 33 and 59, subsequent to the first five hundred of such contributions and up to a total of seven hundred of such and fifty of such contributions; and

(b)    one percent of his average annual wages or of $24,000, whichever shall be the lesser, for each unit of fifty such contributions in excess of seven hundred and fifty of such contributions;

Provided that in no case shall age pension exceed sixty percent of the insured person’s average annual wages or $16,800 per annum, whichever shall be the lesser not be less than $8 a week.

31. (2)        Average annual wages for the purpose of this Regulation shall be the sum of the weekly wages paid to the insured person during the three best contributions years out of his last fifteen contribution years, or such lesser number being the number of contribution years since 1st February 1978, divided by three.

31. (3)        The weekly rate of age pension shall be the annual rate thereof divided by fifty-two and rounded to the nearest multiple of ten cents.

Amount of grant.

32. (1)        The amount of age grant shall be a lump sum equal to six times the average weekly wages of the insured person for each unit of fifty contributions actually paid in respect of him, or credited to him in accordance with Regulation 59.

32. (2)        Average weekly wages for the purpose of this Regulation shall be the sum of the weekly wages paid to the insured person during the period for which he was an insured person, divided by the number of contribution weeks in that period.

Age pension persons over 52 on 1.2.1978.

33.        An insured person who was over the age of fifty-two years on 1st February 1979 shall be credited with contributions equal to fifty contributions for each age year of age in excess of fifty-two years subject to a maximum of three hundred and fifty contributions:

Provided that (1) such contributions –

(a)    shall be taken into account in respect of age pension only;

(b)    shall only be taken in to account in assessing the average annual wages of the insured person; and

(c)    shall only be taken in to account to the extent necessary to enable an insured person to qualify for age pension at the rate of thirty percent of his average annual wages; and

(2)    in no case shall an age pension under this Regulation exceed $30 a week.

E. Funeral Grant

Entitlement.

34. (1)         Subject to the provisions of these Regulations funeral grant shall be awarded on the death of a person who –

(a)    was a insured person; or

(b)    was the spouse of an insured person.

34. (2)        Funeral grant shall be paid to any person who has met, or to any person who gives to the Director an undertaking in writing to meet, the whole or part of the deceased’s funeral expenses, so, however that any payment of funeral grant to a person by virtue of this paragraph shall be subject to the condition that if that person fails to carry out any such undertaking he shall repay to the Fund any funeral grant so paid to him.

34. (3)        Where –

(a)    occurred at sea and the deceased person was buried at sea; or

(b)    the person who has met or is liable to meet the cost of the funeral of the deceased person cannot be found; or

(c)    the cost of the funeral was less than the amount of the benefit,

The benefit or, as the case may be, the reminder thereof, shall be paid to such person or persons as the Director in his discretion may decide.

Condition to be satisfied.

35.        Funeral grant shall be awarded only if the insured person has been an insured person not less than twenty-six contributions weeks and had paid not fewer than twenty-six contributions.

Support of claim.

36.        A claim for funeral grant shall be supported by a death certificate or by such other evidence as the Director may require for the purpose of establishing the death of the insured person or his or her spouse and by such evidence as the Director may require to establish that the claimant is entitled thereto.

Amount.

37.        The amount of funeral grant shall be $200.

F. Survivor’s Benefit

Entitlement.

38. (1)        Subject to the provisions of these Regulations, survivor’s benefit shall be awarded to the widow or widower, as the case may be, and to any child of a deceased insured person if, at the date of his death, that insured person –

(a)  had actually paid one hundred and fifty weekly contributions;

(b)  was in receipt of invalidity benefit or age benefit; or

(c)  would have been awarded age benefit had he made a claim for such benefit.

(d)  was sixty-two years of age or over and would have been awarded age benefit had he made a claim for such benefit.

38. (2)        Where, at the date of his death, the deceased insured person was in receipt of invalidity benefit or age pension, or would have been awarded either of such benefits if he had made a claim therefor, or had actually paid  one hundred and fifty weekly contributions survivor’s  benefit shall be awarded as pension.

38. (3)        Where, at the date of his death, the deceased insured person had been awarded age grant, or would have been awarded age grant if he had made a claim therefore , survivor’s shall be awarded as a grant.

Support of claim.

39.        A claim for survivor’s shall be supported by a death certificate or by such other evidence as the Director may require for the purpose of establishing the death of the insured person.

Widows.

40. (1)

(a)    A widow who, at the date of her husband’s death was fifty years of age or over and had been married to him for not less than three years, shall be awarded a survivor’s pension for her life or a survivor’s grant.

(b)    A widow who, at the date of her husband’s death, had been married to him not less than three years and was at that date an invalid, shall be awarded a survivor’s pension for so long as invalidity continues or a survivor’s grant.

(c)    A widow who, at the date of her husband’s death, had not attained the age of fifty years or was not invalid or, being fifty years or over had been married to him for less than three years, shall be awarded a  survivor’s pension for a period of one year.

40. (2)        A survivor’s pension payable to a widow shall cease on her remarriage or if she cohabits with a man as his wife.

40. (3)        A survivor’s pension payable to a widow pursuant to paragraph (1) (b) ceases otherwise than because of her remarriage or cohabitation, if she is then over the age of fifty years she shall be awarded a survivor’s pension for her life.

Widowers.

41.        A widower shall be granted a survivor’s pension if, at the death of his wife’s death –

(a)    he and his wife had been married for not less than three years; and

(b)    he had been wholly or mainly maintained by his wife immediately prior to her death; and

(c)    he had no income from any source whether by way of benefit or otherwise,

and any such pension shall be payable for so long as he continues to satisfy the aforesaid conditions as to invalidity and means:

Children.

42. (1)        A survivor’s pension or a survivor’s grant shall be awarded to an unmarried child, including an adopted child, a step-child or an illegitimate child, of a deceased insured person who, at the date of the parent’s death, was under the age if sixteen years and was living with or was wholly maintained by the deceased at the date of his death.

42. (2)        A survivor’s pension shall be payable in respect of a child until he attains the age of sixteen years:

Provided that in the case of an invalid child a survivor’s pension shall be payable for so long as invalidity continues.

Amount.

43. (1)        For the purpose of this Regulation and of Regulation 44, the maximum  amount survivor’s pension shall in respect of an entitlement under Regulation 38(1)(a)     be thirty percent of the average annual wages of the deceased insured person and in respect  of entitlement under Regulation 38 (1) (a) (b) (c) and (d) be the annual amount of invalidity benefit or of age pension, as the case may be, which was being paid or would have been payable to the deceased insured person.

43. (2)        For the purpose of this Regulation and of Regulations 44, the maximum amount of survivor’s grant shall be the amount of age grant which had been paid or would have been paid to the deceased insured person.

43. (3)        The amount of a survivor’s pension or a survivor’s grant payable to a spouse shall be equal to on-half of the maximum amount.

43. (4)        The amount of a survivor’s pension or a survivor’s grant payable to a child shall be equal to one-sixth of the maximum amount, save that in respect of any child who is an orphan or who is an invalid the amount may be one third of the maximum amount if the Director so determines.

43. (5)        The aggregate of survivor’s pension or a survivor’s grants payable to a spouse and children shall not exceed the maximum amount.

43. (6)        Where no spouse is entitled to survivor’s benefit, the maximum amount may be paid in respect of any child or children of the deceased:

Provided that the amount of pension payable in respect of each child shall not exceed the rates set out in paragraph (4).

Insufficiency of amount available for distribution to children.

44.(1)        Where the maximum amount available for the payment of survivor’s pensions or grants to the children of a deceased insured person in insufficient to enable payment to be made in respect of all of the children in accordance with Regulations 42 and 43 and a question is raised as to which of several children should be awarded such pensions or grants, then the question shall be referred to the Board for decisions in accordance with the Social Security (Determination of Questions) regulations, 1978.

44. (2)        Where survivor’s pensions or grants have been awarded in circumstances for which paragraph (1) provides and in accordance with that paragraph, and there is any other child of the deceased insured person who has not been awarded a survivor’s pension or grant because of the provisions of that paragraph, then any such other child may be awarded a survivor’s pensions and grant, in accordance with Regulations 42 and 43, at any time when the total amount of survivor’s pensions or grants actually being paid to children of the deceased insured person falls below the maximum amount; and in any case the provisions of paragraph (1) shall apply.

PART IV

ASSISTANCE

No assistance when invalidity or age benefit awarded.

45.         Assistance shall not be awarded to a person who has been awarded invalidity or age benefit.

Entitlement.

46.        Subject to the provisions of these Regulations assistance may be awarded to a claimant who –

(a)    has attained the age of sixty-two years; and

(b)    is not in gainful employment; and

(c)    is in need; and

(d)    is ordinarily resident in the Sate.

Review.

47.        An award of assistance may be reviewed by the Board at any time and shall be cancelled if it appears to the Board that the beneficiary is no longer eligible for assistance in accordance with Regulation 46.

Duration.

48.        Subject to Regulation 47, assistance which has been awarded shall be paid for his life to the beneficiary or to such other person on behalf of the beneficiary as the Board may direct.

Amount.

49.        Assistance shall be paid at the rate of $7 a week.

PART V

PAYMENT OF BENEFIT.

Time and manner of payment of benefit.

50. (1)        Any benefit or assistance shall be paid in accordance with the award thereof as soon as is reasonably practicable after such an award has been made and may be paid in cash, by reasonable order or, in the case of a benefit in respect of which there are periodical payments or of assistance, by serial order, as the Board may direct, either generally or in respect of any benefit or of assistance, or of any beneficiary; and periodical payments shall be made at such intervals as the Board may direct, either generally or in respect of any class of such payments or of any beneficiary.

50. (2)        In any case in which there is an award by the determining authority under which periodical payments are to be made, the Board may cause arrangements to be made whereby, on furnishing such evidence as to identify and such other particulars as may be required, the beneficiary may obtain a book of pension orders or of serial orders (as the case may be) and the beneficiary shall be notified of the appropriate place at which he may obtain such a book of the arrangements so far as they affect him.

50. (3)        The Board shall arrange, where appropriate, for the issue of a fresh book of pension orders or of serial orders on the expiration of the previous book.

Books of orders to remain property of Board.

51. (1)         Any book of pension orders or of serial orders issued to any person shall remain the property of the Board.

51. (2)        Any person having a book of pension orders or of serial orders, or any unpaid order, shall, on termination of the benefit to which such book or order relates or when requested so to do by an officer of the Board, deliver such book or order to the Board or such person as the Board may direct.

Board may make other arrangement for payment in certain cases.

52.        Notwithstanding anything contained in these Regulations the Board may arrange –

(a)    in the case where the date from which benefit or assistance would commence, or as from which a change in rate of benefit or assistance would take effect, is other than a date immediately following the appropriate day of the week for which that benefit or assistance is payable; or

(b)    in the case where the date from which benefit or assistance would cease to be payable is a day other than the appropriate day of the week for which that benefit or assistance is payable,

for a proportion of benefit or assistance to be paid to the beneficiary otherwise than by means of a payable order.

Other methods of payment of pensions

53.        Notwithstanding anything contained in these Regulations, the Board may, in any particular case or class of cases, arrange for the payment of benefit or assistance to the beneficiary otherwise than by means of a payable order or a serial order.

Information to be given when obtaining payment.

54.        A beneficiary and any person to whom benefit or assistance is paid on behalf of a beneficiary shall furnish in such manner and at such times as the Director may require such certificates and other documents, and such information of facts, relating to the receipt or disbursement thereof as may be specified (either as a condition on which any sum or sums shall be paid or otherwise) by the Director.

Extinguishment of right to sums payable by way of benefit not obtained within prescribed time.

55.(1)        The right to any sum payable by way of benefit or assistance shall be extinguished where payment thereof is not obtained within the period of six months form the date on which that sum is receivable in accordance with this Regulation.

55. (2)        In calculating the period of six months for the purpose of paragraph (1) no amount shall be taken of –

(a)    any period during which a payable order or serial order, in respect of the sum is in the possession of the Post Office, the Board or a bank at which it is payable, other than a period after written notice has been given to the beneficiary that the order is available for collection;

(b)    any period during which the Board had under consideration any representation that a payable order a serial order in respect of the sum has not been received or has been lost, mislaid or stolen;

(c)    any period during which the beneficiary is for the time being unable to act by reason of any mental incapacity, subject to the qualification that the total period disregarded on account of such inability to act shall not exceed one year; or

(d)    any period during which the determination of any question as to such extinguishment is pending.

55. (3)        For the purpose of this Regulation, a sum payable by way of benefit or assistance shall, subject to paragraph (4) and to the Regulation 58 (3), be receivable –

(a)    in the case of a sum contained in a serial order, on the date on which the order is due to be paid;

(b)    in the case of a sum contained in payable order;

(i)    if the order is sent through the post on this date on which it is authenticated for payment, and

(ii)    in any other case, on the date if issue of the order;

(c)    in the case of a sum not contained in a payable order where notice is given orally or in writing to the beneficiary that the sum is available for collection –

(i)    if written notice is sent by post, on the date on which it would be delivered in the ordinary course of post; and

(ii)    in any other case, on the date of the notice;

(d)    in any other case, six months (or such longer period as may be determined by the Board in the circumstances of any particular case) after the date on which the sum became payable.

55. (4)        In determining when a sum is receivable under paragraph (3) the flowing provisions shall apply –

(a)    if a beneficiary proves that through no fault of his own he did not receive the payable order or the serial order or written notice, until a date later than the appropriate receivable date determined in accordance with paragraphs (3) the sum shall be receivable –

(i)    on that later date; or

(ii)    on the date which is six months after the appropriate receivable date,

which is the earlier;

(b)    if a beneficiary proves that through no fault of his own he has not the payable order or the serial order or written notice, the sum shall be receivable –

(i)    on the date determined in accordance with paragraph (3) on the date basis of the issue of any further payable order or serial order or on giving notice again respect of that sum; or

(ii)    on the date which six months after the receivable date determined in accordance with paragraph (3) on the same basis,

whichever is the earlier.

55. (5)        Any sum payable by way of benefit or assistance to a beneficiary who is for the time being unable to act shall be receivable in accordance with this Regulation, notwithstanding his inability to give a receipt therefor.

55. (6)        A person who would be entitled to benefit or assistance but for the operation of this Regulation shall be treated as if he was entitled thereto for the purpose of any rights or obligations under the Act and any Regulations made there under (whether of himself or any other person) which depend on his being so entitled, other than the right to payment of that benefit or assistance.

Beneficiaries to notify changes of circumstances.

56. (1)        A beneficiary shall inform the Director of any change in his circumstances affecting his continued right to receive benefit or assistance or the rate at which the benefit is payable, within one week of the occurrence of the change.

56. (2)        The Board may require any beneficiary to furnish from time to time documentary evidence that he is alive and that the conditions governing the grant of such benefit or assistance continue to be satisfied.

Persons unable to act.

57. (1)        In the case of any beneficiary, or of any person who is alleged to be entitled to benefit or assistance, or by whom or on whose behalf a claim for benefit of assistance has been made, being a child or a person unable for the time being to act, where no other person or authority has been duly appointed under the law to have charge of such person or his estate, the Board may, upon written application being made to it, appoint a person to make or exercise on behalf of the child or person who is unable to act any claim or right to which the child or person may be entitled under the Act and any Regulations made thereunder, and receive and deal with any sums payable behalf of such child or person:

Provided that –

(a)    any such appointment by the Board shall terminate on the date immediately prior to the date on which the board is notified that another person or authority has been duly appointed under the law to have charge of such person or his estate;

(b)    a person who has not attained the age of twenty-one years shall not be capable of being appointed to act under this Regulation;

(c)    the Board may at any time in this absolute discretion revoke an appointment made under this Regulation; and

(d)    any person appointed under this Regulation may, on giving the Board on month’s notice in writing of his intention to do so, resign his office.

57. (2)        Anything required by these Regulations to be done by or to any person who is a child or who is for the time being unable to act may be done by or to any person or authority duly appointed under the law to have charge of such person or of his estate, or by o tot the person appointed under this Regulation to act on behalf of such person; and the receipt of any person so appointed shall be a good discharge to the Board and the Fund for any sum paid.

Payment on death.

58. (1)        On the death of a person who has made a claim for benefit or assistance, or who is alleged to have been entitled to benefit or assistance, or in respect of whose death a funeral grant is alleged to be payable, the Board may appoint such person as it thinks fit to proceed with or to make a claim for such benefit or assistance, and the provisions of these Regulations shall apply, subject to the necessary modifications, to any such claim.

58. (2)        Subject to paragraph (5), any sum payable by way of benefit or assistance which is payable under an award on a claim proceeding with or made under paragraph (1) may be paid or distributed to or amongst persons claiming as personal representatives, legatees, next-of kin or creditors of the deceased, and the provisions of Regulation 55 shall apply to any such payment or distribution:

Provided that –

(a)    the receipt of any such person who has attained the age of twenty-one years shall be good discharge the Board and the Fund for any sum so paid; and

(b)    where the Board is satisfied that any such sum or part thereof is needed for the benefit of any person under the age of twenty-one years, the Board may obtain good discharge thereof by paying the sum or thereof to a person over that age (who need not be person specified in this paragraph) who satisfies the Board that he will apply the sum so paid for the benefit of the person under the age of twenty-one years.

58. (3)        Subject to paragraphs (5), any sum payable by way of benefit or assistance in respect of a deceased person, payment of which he had not obtained at the date of his death may, unless the right thereto was already extinguished at that date, be paid or distributed amongst such persons as are mentioned in paragraph (2), and the provisions of Regulations 55 and of paragraph (5) shall apply to any payment or distribution:

Provided that, for the purpose of Regulations 55 (1), the period of six months shall be calculated for the date on which the sum was receivable by the by any such person and not from the date on which it was receivable by the deceased, and for those purposes the reference in Regulation 55 (3) (d) to the date on which the sum became payable shall be construed as a reference to the date of application to the Board made in accordance with paragraph (4).

58. (4)        Paragraphs (2) and (3) shall not apply in any case unless written application for the payment of any such sum is made to the Board within six months form the date of the deceased’s death, or within such longer period as the Board may allow in any particular case.

58. (5)     The Board may dispense with strict proof of the title of any person claiming in the accordance with this Regulation

PART VI

MISCELLANEOUS

Credited contributions.

59. (1)        For every contribution week for the whole of which an insured person receives sickness benefit or maternity benefit a contribution shall be credited to that person without actual payment thereof.

59. (2)        The provisions of paragraph (1) shall apply in the case of an insured person who, but for the provisions of Regulation 13, would have been entitled to receive sickness benefit.

59. (3)        A credited contributions shall, subject to these Regulations, be valid for sickness, maternity, invalidity or age benefit and shall be at the level of the weekly wages corresponding to, or most closely corresponding to, those on the basis of which the sickness or maternity benefit was paid.

Provided that where sickness or maternity benefit was payable at different rates during a contribution week,  the credited contribution for that week shall be at level of the weekly wages corresponding to,  the higher or highest level of weekly wages on the basis of which such benefit was paid.

Payment of maximum contributions.

60.        If before the end of any contribution year the maximum amount of contributions shall have been paid by or on behalf of, or shall have been credited by virtue of Regulations 33 and 59 to, any insured person, being the maximum amount prescribed by the Schedule to the Contributions Regulations, then for the purposes of these Regulations contributions shall be deemed to have actually been paid by or on behalf of that person for each contribution week in that year during which he was an employed person and that person shall be deemed to have been an insured person for each such week.

Entitlement to more than one benefit.

61. (1)        Subject to this Regulation, notwithstanding that an insured person has been awarded two or more benefits at the same time or, having been awarded one benefit, is subsequently awarded another benefit, then only one benefit shall be paid to that person and the benefit to be paid shall be either the benefit first awarded or the benefit of which the amount is the greater:

Provided that if a benefit of greater amount ceases to be payable, then the insured person shall not be disqualified from receiving any other benefit which he may have been awarded.

61. (2)        An insured person shall not be disqualified from receiving any benefit which may be awarded to him because of the award to him of a funeral grant.

61. (3)        An insured person, and the wife of an insured person, shall not be disqualified from receiving sickness or maternity benefit, as the case may be, because of the award to him or to her of survivor’s benefit.

Beneficiaries aboard.

62. (1)        Except as herein after provided, a beneficiary shall be disqualified from receiving any benefit for any period during which that person is absent from the State.

62. (2)        A beneficiary shall not be disqualified from receiving sickness or maternity benefit by reason of being temporarily absent from the State for the specific purpose of being  treated or any illness which commenced before he left the Sate during such period as the Director may allow, having regard to the particular circumstances of the case.

62. (3)        A beneficiary shall not be disqualified from receiving age or survivor’s benefit by reason of being absent from the State.

62. (4)        A beneficiary shall not be disqualified form receiving invalidity benefit by reason of being absent from the State for such period as the Director may allow, having regard to the particular circumstances of the case, that benefit having been awarded before that person left the State.

Payment of benefit to beneficiaries aboard.

63.        Any benefit which is paid to a beneficiary by virtue to Regulation 62 shall be paid in the State to such representative acting for and on behalf of the absent beneficiary as may be approved by the Director.

Deferment of claims and forfeiture of benefit.

64. (1)        If any person who is claiming or who has been awarded any benefit or assistance fails to furnish any information required of him, or to attend when required to do so for medical or other examination, by virtue of these Regulations or of the Social Security (Determination of Questions) Regulations, 1978, consideration of that claim or of any question arising in relation thereto may be deferred until the information has been furnished or the report of the examination has been received, and the determining authority may direct that any benefit or assistance payable in consequence of its award or decision shall be forfeited for the period of such failure.

64. (2)        If, in respect of any incapacity, or expected or actual confinement, a person awarded sickness, maternity or invalidity benefit or assistance, as the case may be –

(a)    without good reason behaves in any manner calculated to retard his or her recovery or fails without good cause to answer any reasonable enquires by an officer of the Board directed to ascertain whether he or she is doing so;

(b)    is absent from his or her place of residence without leaving word where he or she may be found;

(c)    undertakes work for which remuneration is or would ordinarily be payable;

(d)    fails to comply with the requirements of Regulations 54,

he or she shall be liable to forfeit that benefit assistance for such period not exceeding six weeks as the Director may determine.

Persons undergoing imprisonment or detention.

65. (1)        Subject to paragraph (2), a person shall be disqualified form receiving any benefit or assistance for any period during which that person is undergoing imprisonment or detention in legal custody.

65. (2)        Where the Board is satisfied that an insured person undergoing imprisonment or detention in legal custody has dependants who, immediately before such imprisonment or detention, were wholly or mainly maintained by him, it may authorise the payment to or on behalf of those dependants of an amount not exceeding one-half of the benefit which would otherwise be payable to the insured person during such a period as the Board may allow, having regard to the particular circumstances of the case.

Offences.

66.        If any person contravenes or fails to comply with any requirements o these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred dollars or, where the offence consists of continuing any such contravention or failure after conviction therefore, one hundred dollars together with a further one hundred dollars for each day on which it is so continued.

SCHEDULE

MEDICAL CERTIFICATES

(Regulations 11, 17, 19 and 23)

1.        In this Schedule, unless the context otherwise requires –

“medical practitioner” means a medical practitioner not being the insured person or the husband or wife of the insured person.

2.        A certificate shall be either on a form supplied by the Board or on such other form substantially to the like effect as the Director may accept.

3.        After a certificate based on an examination has been given, no further certificate based on an examination shall be furnished other than a certificate to replace the original certificate which has been lost or mislaid, and in that case form shall be clearly marked “Duplicate”.

SICKNESS OR INVALIDITY

4.        Every certificate of sickness or invalidity shall be in writing in ink or other indelible substance, and shall contain the following particulars –

(a)    the insured person’s name;

(b)    the date of the examination on which the certificate is based;

(c)    a concise statement of the nature of the disease or disablement by which the insured person is, in the practitioner’s opinion, at the time rendered incapable of work;

(d)    the date on which the certificate is given,;

(e)    the address of the practitioner,

and shall bear, opposite the words “ Doctor’s Signature”, the signature of the certifying practitioner written after there have been entered on the certificate the insured person’s name and the statement of the disease or disablement.

5.         The statement of the incapacitating disease or disablement shall specify the cause of incapacity as precisely as the practitioner’s knowledge of the insured person’s condition at the time of the examination permits:

Provided that, if in the practitioner’s opinion a disclosure to the insured person of the precise cause would be prejudicial to his well-being, the certificate may contain a less precise statement.

6. (1)        In the case in which, in the opinion of the practitioner, the insured person will become fit to resume work on a day not later than  the end of the 7th day after the date of the examination on which the certificate is based, the certificate shall specify the first-mentioned day.

6. (2)        In any other case, the certificate shall cover a specified number  of days or weeks from and including the date of the examination on which the certificate is based, which shall not exceed 28 days, or where at that date the capacity has continued for not less than 28 days, 13 weeks.

In computing any period of time in relation to any certificate given under this Regulation Sunday shall not be disregarded.

CONFINEMENT

7.        Every certificate of confinement or expected confinement shall be in writing in ink or other indelible substance and shall be signed by a medical practitioner or a midwife attending the woman.

8.        Every certificate of confinement or expected confinement shall contain the following particulars –

(a)    the woman’s name;

(b)    in the case of certificate of expected confinement, the week in which it is to be expected that the woman will be confined and the date of the examination on which the certificate is based;

(c)    in the case of certificate of confinement, the date and place of the confinement, and the date of the examination on which the certificate is based;

(d)    the date on which the certificate is given;

(e)    the address of the practitioner or the midwife and, in the case of a midwife , either her registered number or the date of her qualification;

and shall bear, opposite the word “Signature”, of the person giving the certificate written after there have been entered on the certificate the woman’s name and the date or (as the case may be ) the expected date of the confinement.

SAINT CHRISTOPHER AND NEVIS

TRADE UNIONS

CHAPTER 353

Commencement:  19th February, 1940

Arrangement of Sections

1.   Short Title

2.   Interpretation.

3.   Trade unions.

4.   When objects of union not unlawful.

5.   When trade union contract not enforceable.

6.   Prohibition of actions of tort trade union.

7.   Conspiracy in relation to trade disputes.

8.   Removal of liability for interfering with another person’s business.

9.   Intimidation or annoyance.

10.   Peaceful picketing.

11.   Acts not applicable to unions [Cap. 335]

12.   Register of trade unions.

13.   Registration to be effected by committee or trustees.

14.   Provisions relating registration.

15.   Withdrawal or cancellation of certificate of registration.

16.   Land for unions may be purchased or leased.

17.   Property of unions vested in trustees.

18.   Absence or disability of trustees.

19.   Action by or against trustees.

20.   Limitation of reasonability of trustee.

21.   Officers, accounts and audit.

22.   Withholding or misapplying trade effects.

23.   Regulations.

24.   Rules if registered unions.

25.   Registered office of union.

26.   Membership of minors.

27.   Nomination by member.

28.   Change of name.

29.   Amalgamation of unions.

30.   Registration of change of name and amalgamation.

31.   Dissolution.

32.   Failure to give notice or send document.

33.   Statement of accounts and audit, certificate, & c. to be transmitted to the Registrar.

34.   Registrar’s reports.

35.   Circulating false copies rules.

36.   Restrictions on application of funds for certain political purposes.

37.   Notice of objection to contribute towards political objects.

38.   Mode of giving effect to exemption form contributions to political fund.

39.   Summary procedure.

40.   Application of fees.

First Schedule

Second Schedule

Third Schedule

Fourth Schedule

Short Title

1.        This Act may be cited as the Trade Unions Act.

Interpretation.

2.        In this Act-

“trade dispute” means any dispute or difference between employers and workmen, or between workmen, and workmen, connected with the employment or non employment, or the terms of employment, or with the conditions of labour, of any person;

“trade union” means any combination whether temporary or permanent, the principal purposes of which are, under its constitution, the regulation of the relations between workmen and masters, or between workmen and workmen, or between masters and masters whether such combination would or would not, if this Act has not been enacted, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade: Provided that nothing in this Act –

(a)    shall affect –

(i)    any agreement between partners as to their own business;

(ii)    any agreement between partners between an employer and those employed by him as to such employment;

(iii)    any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft.

(b)    shall preclude any trade union form providing benefits for its members;

“statutory objects” means the regulation of the relations between workmen and masters , or between workmen and workmen, or between masters and masters, or the imposing of restrictive conditions on the conduct of any trade or business, and also the provisions of benefits to members;

“Registrar” means the Registrar of the Supreme Court and includes the person for the time being acting for him;

“regulations” means the regulations made under this Act by the Administrator in Council;

“rules” means rules made by a trade union as authorized by this Act;

“workmen includes labourers.

Trade unions.

3.        The fact that a combination has, under its constitution, objects or powers other than statutory objects within the meaning of this Act shall not prevent the combination being a trade union for the purposes of this Act so long as the combination is a trade union shall have the power to apply the funds of the union for any lawful object or purposes for the time authorized under its constitution.

When objects of union not unlawful.

4. (1)        The purposes of any trade union duly registered under this Act shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.

4. (2)        The purposes of any trade union duly registered under this Act shall not by reason merely that they are in restraint of trade, be unlawful so as to render void or avoidable any agreement or trust.

When trade union contract not enforceable.

5.        Nothing in this Act shall enable any court to entertain any legal proceedings instituted with the object of directly enforcing or recovering damages for the breach of –

(a)    any agreement concerning between members of as trade union as such concerning condition on which any members for the time being of the union shall or shall not sell their goods, transact business, employ or be employed; or

(b)    any agreement for payment by any person for any subscription or penalty to a trade union; or

(c)    any agreement for the application for the funds of as trade union –

(i)    to provide benefits to members, or

(ii)    to furnish contributions to any employer or workman not a member of that union in consideration of the employer or workman acting in conformity with the rules or resolutions of that union, or

(iii)    to discharge any fine imposed upon any person by sentence of a court of justice: or

(d)    any agreement made between one trade union and another; or

(e)    any bond to secure the performance of any of the above mentioned agreements.

Nothing n this section shall be deemed to constitute any of the above agreements unlawful.

Prohibition of actions of tort trade union.

6. (1)        An action against a trade union, whether of workmen or masters, or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court.

6. (2)        Nothing in this section shall affect the liability of the trustees of a trade union to be sued in the events provided for in section 19, except in respect of any tortious act committed by or on behalf of the union in contemplation of or in furtherance of a trade dispute.

Conspiracy in relation to trade disputes.

7. (1)        An agreement or combination by two or more persons to do procure to be done any act in contemplation or furtherance of a trade dispute shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime.

7. (2)        An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable.

7. (3)        A crime for the purposes of this section means an offence punishable on indictment, or an offence which is punishable on indictment, or an offence which is punishable on summary conviction and for the commission of which the offender is liable under the Act or Ordinance making the offence punishable to be imprisoned either absolutely or at the discretion of the Court as an alternative for some other punishment.

7. (4)        Nothing in this section exempt from punishment any person guilty of s conspiracy for which a punishment is awarded by any law in force in the Colony.

7. (5)        Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace or sedition or any offence against the State or the Sovereign.

7. (6)        Where a person is convicted of any such agreement or combination as aforesaid to do or procure to be done an act which is punishable on summary conviction, and is sentenced to imprisonment, the imprisonment shall not exceed three months, or no longer time, if any, as may have been prescribed by the law for the punishment of the said act when committed by one person.

Removal of liability for interfering with another person’s business.

8.        An act done by a person in contemplation of furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an , interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labour as he wills.

Intimidation or annoyance.

9.        Every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has legal right to do or abstain from doing, wrongfully and without a legal authority –

9. (1)        uses violence to or intimidates such other person or his wife or children or injures his property; or

9. (2)        persistently follows such other person about form place to place; or

9. (3)        hides any tools, clothes or other property owned or used by such other person, or deprives him of or hinders him in the use thereof; or

9. (4)        watches or besets the house or other place where such other person resides, or works, or carries on business, or happens to be, or the approach to such house or place; or

9. (5)        follows such other person with two or more other persons in a disorderly manner in or through any street or road,

shall be guilty of an offence and on summary conviction be liable to a fine not exceeding ninety-six dollars or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

Peaceful picketing.

10.        It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or abstain form working.

Acts not applicable to unions [Cap. 335]

11.        The following Acts, that it to say –

(a)    The Friendly Societies Act and any Acts amending it; and

(b)    The Companies Act and any Acts amending it, shall not apply to a trade union. [Cap. 335]

Register of trade unions.

12.        The Registrar shall keep a register of all trade unions registers under this Act in the form required by the Regulations, and shall discharge all duties required by this Act and by the regulations.

Registration to be effected by committee or trustees.

13. (1)        Upon the establishment of a trade union it shall be the duty of the committee of management or trustees appointed in the behalf, or in default of any such appointment, the directing authority by whatever name it may be called, such union, to make application for registration within thirty days after the date of the establishment of such union.

13. (2)        In the case of a trade union established at the date of the coming into operation of this Act, this section shall apply as if the date of the coming into operation of this Act were the date of the establishment of such union.

13. (3)        If any of the purposes of a trade union be unlawful such trade union shall not be registered and if registered such registration shall be void.

13. (4)        In the event of any contravention of the provisions of this section every secretary, trustee, member of the committee, or other officer or directing authority of an unregistered trade union shall be guilty of an offence and shall be liable on summary conviction to a penalty not exceeding four dollars and eighty cents for every day during which such trade union remains registered.

Provisions relating registration.

14.        With respect to the registration under this Act of a trade union and of the rules thereof, the following provisions shall have effect:

(a)    an application to register the trade union and four printed copies of the rules, together with a list of the titles and names of the officers, shall be sent to the Registrar;

(b)    the Registrar, upon being satisfied that the trade union has complied with the regulations respecting registration force under this Act, shall register such trade union and such documents;

(c) no trade union shall be registered under a name identical with that by which any other existing trade union has been registered, or so nearly resembling such name as to be likely to deceive the members of the public;

(d)    the Registrar shall not register any combination as a trade union unless is his opinion, having regard to the constitution of the combination, the principal objects of the combination are statutory objects, and may withdraw or cancel the certificate of registration of any such registered trade union if the constitution of the union has been altered in such manner that, in his opinion, the principal objects of the union are no longer statutory objects, or if in his opinion the principal objects for which the union is actually carried on are not statutory objects;

(e)    any person aggrieved by any refusal of the Registrar to register a combination as a trade union, or by the withdrawal or cancellation of a certificate of registration, may appeal to the Supreme Court within the time and in the manner and on the conditions directed by Rules of Court;

(f) the Registrar, upon registering such trade union shall issue a certificate of registration, which certificate, unless proved to have been withdrawn or cancelled, shall be conclusive evidence that the provisions of this act or of any regulations made thereunder with respect to registration have been complied with.

Withdrawal or cancellation of certificate of registration.

15. (1)        No certificate of registration of a trade union shall be withdrawn or cancelled otherwise than by the Registrar, and in the following cases:

(a)    at the request of the trade union to be evidenced in the manner form time to time directed by him;

(b)    on proof to his satisfaction that a certificate of registration has been obtained by fraud or mistake, or that the registration of the trade union has become void under section 13 (3), or that such trade union has wilfully and after notice from the Registrar violated any of the provisions of this Act, or has ceased to exit;

(c)    under the provisions of paragraph (d) of section 14

15. (2)        Not less than two months’ previous notice in writing specify briefly the ground of any proposed withdrawal or cancelling of certificate (unless where the same is shown to have become void as aforesaid, in which case it shall be the duty of the registrar to cancel the same forthwith) shall be given by the Registrar to a trade union before the certificate of registration of the same can be withdrawn or cancelled (except at its request).

15. (3)        A trade union whose certificate of registration has been withdrawn or cancelled shall, from the time of such withdrawal or cancellation, absolutely cease to enjoy as such the privileges of a trade union, and shall be dissolved and proceed to wind up its affairs, but without prejudice to any liability actually incurred by such trade union, which may be enforced against the same as if such withdrawal or cancellation had not taken place.

15. (4)        If after the withdrawal or cancellation of the certificate a trade union continues in active operation, except for the purpose of winding up its affairs, every secretary, trustee, member of the committee, or other officer of such trade union remaining on office or taking any active part in its operations, shall be guilty of an offence and shall be liable on summary conviction before a magistrate to a penalty not exceeding four dollars and eighty cents for every day during which such trade union continues in active operation.

Land for unions may be purchased or leased.

16.        Any trade union registered under this Act may purchase or take upon lease, in the name of the trustees for the time being of the union, any land, and may sell, exchange, mortgage or let the land, and no purchaser, assignee, mortgagee or tenant, shall be bound to inquire whether the trustees have authority for any sale, exchange, mortgage, or letting, and the receipt of the trustees shall be a discharge for the money arising therefrom; and for the purposes of this section every branch of a trade union shall be considered a distinct union.

Property of unions vested in trustees.

17. (1)        All real or personal property whatsoever belonging to any trade union registered under this Act shall be vested in the trustees for the time being of the trade union, appointed as provided by this Act, for the use and benefit of the trade union and the members thereof, and the real or personal property of any branch of a trade union shall be vested in the trustees of that branch, or in the trustees of the trade union if the rules of the trade union so provide, and be under the control of such trustees, their respective executors or administrators, according to their respective claims and interests.

17. (2)        Upon the death or removal of any such trustees, the property shall vest in the succeeding trustees for the same estate and interest as the former trustees has therein, and subject to the same trusts, without any conveyance or assignment whatsoever, except in the case of stocks and securities in the public funds of the Colony, which shall be transferred in to the names of the new trustees.

17. (3)        In all actions, or suits or indictments or summary proceedings before any court touching or concerning any such property, the same shall be stated to be the property of the persons for the time being holding the said office of trustees, in their proper names, as trustees of such trade union, without any further description.

Absence or disability of trustees.

18.        When any person being or having been a trustee of a trade union registered under this Act, or of any branch of a trade union, and whether appointed before or after the legal establishment thereof, and in whose name any stock belonging to such union or branch transferable at any bank in the Colony is standing, either jointly with another or others, or solely, is absent from the Colony or becomes bankrupt, or files any petition or executes any deed for liquidation of his affairs by assignment or arrangement or for composition with his creditors, or becomes a lunatic, or is dead , or has been removed from his office of trustee, or if it be unknown whether such person is living or dead, the Registrar, on application in writing from the secretary and three members of the union or branch, and on proof satisfactory to him, may direct the transfer of the stock into the names of any other persons as trustees for the union or branch; and if there be no such trustee or if such trustees refuse or be unable to make such transfer and the Registrar so directs, then by the manager of the bank; and the bank is hereby indemnified by anything done in pursuance of this provision against any claim or demand of any person injuriously affected thereby.

Action by or against trustees.

19.        The trustees of any trade union registered under this Act, or any other officer of such trade union authorized so to do by rules thereof, are hereby empowered to bring or defend, or cause to be brought or defended, any action, suit, prosecution or complaint in any court of law or equity, touching or concerning the property, right or claim to property of the trade union; and shall and may, in all cases concerning the real or personal property of such trade union, sue and be sued, plead and be impleaded in any court of law or equity, in their proper names without other description than the title of their office; and no such action, suit, prosecution or complaint shall be discontinued or shall abate, by the death or removal from office of such persons or any of them, but the same shall and may be proceeded in by their successor or successors as if such death resignation or removal had not taken place; and such successors or removal had not taken place; and such successors shall pay or receive the like costs as if the action, suit, prosecution or complaint had been commenced in their names for the benefit of, or to be reimbursed from, the funds of such trade union, and the summons to be issued to such trustee or other may be served by leaving the same at the registered office of the union.

Limitation of reasonability of trustee.

20.        A trustee of any trade union registered under this Act shall not be liable to make good any deficiency which may arise or happen in the funds of such trade union, but shall be liable only for the moneys which shall be actually received by him on account of such trade union.

Officers, accounts and audit.

21. (1)        Every treasurer or other officer of a trade union registered under this Act, at such times as by the rules of such trade union he should render such account as hereinafter mentioned, or upon being required so to do, and in any event not later than the 15th day of April in each year shall render to the trustees of the trade union, or to the members thereof, at a meeting of the trade union, a just and true account of all the moneys received and paid by him, since he last rendered the like account, and of the balance then remaining in his hands, and of all bonds and securities of such trade union, which account the said trustees shall submit for audit to the officers of the Audit Department, who shall audit the same.

21. (2)        The treasurer, if thereunto required, upon the said account being audited, shall forthwith hand over the said trustees the balance which on such audit appears to be due from him an shall also, if required, hand over to such trustees all securities and effects, books, papers and property of the said trade union in his hands or custody.

21. (3)        If the treasure fails to do so, the trustees of the said trade union may sue him in any competent court for the balance appearing to have been due from him upon the account last rendered by him, and for all the moneys since received by him on account of the said trade union, and for the securities and effects, books, papers and property in his hands or custody, leaving him set off in such action the sums (if any) which he may have since paid on account of the said trade union; and in such action the said trustees shall be entitled to recover their full costs of suit, to be taxed as between solicitor and client.

Withholding or misapplying trade effects.

22.        If any officer, member or other person, being or representing himself to be member of a trade union registered under this Act, or the nominee, executor, administrator or assignee of a member thereof, any person whatsoever, by false representation or imposition, obtains possession of any moneys, securities, books papers or other effects of such trade union, or, having the same in his possession, wilfully withholds or fraudulently misapplies the same, or wilfully applies any part of the same purpose other than those expressed or directed in the rules of such trade union, or any part thereof, the Magistrate for the district in which the registered office of the trade union is situate, upon a complaint made by any person on behalf of such trade union or by the Registrar, may by summary order, order such officer, member or other person to deliver up all such moneys, securities, books, papers or other effects to the trade union or to pay the amount of money applied improperly, and to pay, if such Magistrate thinks fit, a further sum of money not exceeding ninety-six dollars and eighty cents; and in default of such delivery of effects or repayments of such amount of money or payment of such penalty and costs, the Magistrate may order the person so convicted to be imprisoned, with or without hard labour for any time not exceeding three months: Provided that –

(a)    nothing herein contained shall prevent the said trade union from proceeding by indictment against the party aforesaid; and

(b)    no person shall be proceeded against by indictment if a conviction shall been previously obtained for the same offence under the provisions of this Act.

Regulations.

23.        The Administrator with the advice of the Executive Council may make regulations respecting the following matters –

(a)    the registration of a trade union under this Act;

(b)    the forms to be used for such registration and any other forms which may be prescribed under this Act:

(c)    the seal (if any) to be used for such registration;

(d)    the inspection of documents kept by the Registrar under this Act;

(e)    the fees (if any) to be paid on registration, and until such fees are fixed those specified in the First Schedule hereto shall be charged;

(f)    the fee to be paid for an audit of the accounts of a trade union and, until such fee fixed, the fee specified in the Fourth Schedule shall be charged; and

(g)    generally, for carrying this Act into effect.

Rules if registered unions.

24.        With respect to the rules of a trade union registered under this Act, the following provisions shall have effect –

(a)    the rules of every such trade union shall contain provisions in respect of the matters mentioned in the Second Schedule;

(b)    a copy of the rules shall be delivered by the trade union to every person on demand on payment of a sum not exceeding twenty-four cents;

(c)    every alteration of the rules of a registered trade union shall be registered with the Registrar and shall take effect form the date of registration unless some later date is specified in the rules;

(d)    the rules of a registered trade union shall not be altered so that they cease to contain provisions in respect of the several matters in the Second Schedule.

Registered office of union.

25. (1)        Every trade union registered under this Act shall have a registered office to which all communications and notices may be addressed. If any trade union under this Act is in operation for seven days without having such an office, such trade union and every officer thereof shall each incur a penalty not exceeding twenty-four dollars for every day during which it is so in operation.

25. (2)        Notice of the situation of such registered office, and of any change therein, shall be given to the Registrar and be recorded by him, and until that notice is given the trade union shall not be deemed to have complied with the provisions of this Act.

Membership if minors.

26.        A person under the age of twenty-one, but above the age of sixteen may be a member of a trade union, unless provisions is made in the rules thereof to the contrary, and may, subject to those rules, enjoy all the rights of a member except as herein provided, and execute all instruments and give all acquaintances necessary to be executed or given under the rules, but shall not be a member of the committee of management, trustee or treasurer of the trade union.

Nomination by member.

27.        A member of a trade union, not being under the age of sixteen years may, by writing under his hand, delivered at or sent to the registered office of the trade union, nominate any person, not being an officer or servant of the trade union (unless such officer or servant is the husband, wife, father, mother, child, brother, sister, nephew or niece of the nominator) to whom any moneys payable on the death of such member, not exceeding two hundred and forty dollars, shall be paid at his decease, and may from time to time revoke or vary such nomination by writing under his hand similarly delivered or sent; and on receiving satisfactory proof of the death of a nominator,  the trade union shall pay to the nominee the amount due to the deceased member not exceeding the sum aforesaid.

Change of name.

28. (1)        A trade union may, with the approval in writing of the Registrar, change its name by the consent of not les than two-thirds of the total number of members.

28. (2)        No change of name shall affect any right or obligation of the trade union or of any embers thereof, and any pending legal proceedings may be continued by or against the trustees of the trade union or any other officer, who may sue or be sued on behalf of such trade union notwithstanding its new name.

Amalgamation of unions.

29.        Any two or more trade unions may, by the consent of not less than two-thirds of the members of each of those trade unions, become amalgamated together as one trade union, with or without any dissolution or division of the funds of such trade unions or either or any of them; but no amalgamated shall prejudice the right of a creditor of either or any union party thereto.

Registration of change of name and amalgamation.

30.        Notice in writing of every change of name or amalgamation signed, in the case of a change of name, by seven members and countersigned by the secretary of the trade union changing its name, and accompanied by a solemn declaration by such secretary that the provisions of this Act in respect of changes of names have been complied with, and in the case of an amalgamation signed by seven members and countersigned by the secretary of each or every union party thereto, and accompanied by a solemn declaration by each or every such secretary that the provisions of this Act in respect of amalgamation have been complied with, shall be sent to the Registrar to be registered and until such change of name or amalgamation is so registered the same shall not take effect.

Dissolution.

31.        Notice of dissolution of a trade union under the hand of the secretary and seven members of the union shall be sent within fourteen days thereafter to the Registrar and shall be registered by him.

Failure to give notice or send document.

32.        A trade union which fails to give notice, or send any document which by this Act it is required to give or send, and every officer or other person bound by the rules thereof to give or send the same, or if there be no such officer, then every member of the committee of management of the union, unless proved to have been ignorant of, or to have attempt to prevent, the omission to give or send the same, is liable on summary conviction to a penalty of not less than four dollars and eighty cents and not more than twenty-four dollars recoverable at the suit of the Registrar or of any person aggrieved, and to the additional penalty of the like amount for each week during which the omission continues.

Statement of accounts and audit, certificate, & c. to be transmitted to the Registrar.

33. (1)        The treasurer of every trade union (or such other officer as is designated in that behalf by the rules of the trade union) shall, on or before the first day of June in every year, cause to be received by the Registrar –

(a)    an audited statement in the form prescribed by the Registrar of the receipts and payments of the trade union during the year preceding the date to which such statement is made out. Such statement shall show separately the expenditure in respect of the several objects of the union;

(b)    an audited statement in the form prescribed by the Registrar of the assets and liabilities of the trade union at the date to which the statement required by paragraph of this Subsection is made out;

(c)    a return in the prescribed form, showing the number of members of the trade union at the date to which the statement required by paragraphs (a) and (b) of this subsection is made out; and

(d)    a return relating to the year immediately preceding the date to which such statement required by paragraphs (a) and (b) of this subsection is made out showing –

(i)    all new rules of the trade union and all alternations to existing rules made during the period; and

(ii)    all changes of officers of the trade union during the period.

33. (2)        In addition to the statements certificate and returns required by the provisions of subsection (1), the Registrar may at any time by order in writing require the treasurer or any other officer of a trade union to deliver to him, by a date, to be specified in such order, detailed accounts of the revenue, expenditure, assets, liabilities and funds of the trade union in respect of  any period specified in such order, and any accounts so rendered shall include such details and information, and be supported by such documents, as the Registrar in any case may require.

33. (3)        Every member of a trade union shall be entitled to receive, on application to the treasurer or secretary of the trade union, a copy of all or any of the statements and accounts, and of the audit certificate, and returns provided for by this section, without making any payment therefor.

33. (4)        Every trade union which, and very officer of a trade union who, contravenes or fails to comply with any of the provisions or requirements of subsection (1), or of an order of the Registrar under subsection (2), and every treasurer and secretary of a trade union who fails to comply with an application made under subsection (3), shall be liable on summary conviction to a penalty not exceeding twenty-four dollars.

33. (5)        Upon a conviction for any offence under the provisions of subsection (4), the Magistrate for the district in which the registered office of the trade union is situate, may order the offending trade union or any specified officer thereof (whether or not such officer has been convicted) to deliver to the Registrar by a specified date (which shall not be earlier than fourteen days form the date of the order) –

(a)    all or any of the statements, certificate, and returns referred to in subsection (1), in cases where the conviction relates to an offence in respect of the provisions of such subsection;

(b)    all or any of the accounts, including such details, information and documents referred to in any order made by the Registrar under subsection (2), in cases where the conviction relates to any offence in respect of a failure to comply with any such order, and any trade union which, and any officer of a trade union who, fails to comply with such order, shall in respect of such failure be liable on summary conviction to a penalty not exceeding nine dollars and sixty cents in respect of each day or part of a day, during which such failure shall have continued.

33. (6)        Any person who wilfully makes or causes to be made any false entry in, or any omission from, any of the statements, accounts, certificates or returns required by this section shall be liable on summary conviction to a penalty not exceeding two hundred and forty dollars.

Registrar’s reports.

34.        The annual reports with respect to the matters transacted by the Registrar in pursuance of this Act shall be laid before the Legislative Council.

Circulating false copies rules.

35.        If any person with intent to mislead or defraud, gives to any member of a trade union registered under this Act, or to any person intending or applying to become a member of such trade union, a copy of any rules, or of any alteration or amendment thereof, other than those respectively which exist for the time being, on the pretence that the same are the existing rules of such trade union, or if any person with the intent aforesaid, gives a copy of any rules to any person on the pretence that such rules are the rules of a trade union registered under this Act which is not so registered, very person so offending shall be liable on summary conviction to a penalty not exceeding forty-eight dollars.

Restrictions on application of funds for certain political purposes.

36. (1)        The funds of a trade union shall not be applied either directly or in conjunction with any other trade union, association or body, or otherwise indirectly in the furtherance of the political objects to which this section applies (without prejudice to the furtherance of any other political  objects), unless the furtherance of those objects has been approved as an object of the union by a resolution for the time being in force passed on a ballot of the members of the union taken in accordance with the provisions of this section for the purpose by a majority of the members voting; and where such a resolution is in force, unless rules to be approved by the Registrar are in force providing –

(a)    that any payments in the furtherance of those objects are to be made out of a separate fund (in this Act referred to as a political fund of the union), and for the exemption in accordance with this Act of any member of the union form any obligation to contribute to such a fund if he gives notice in accordance with this Act that he objects to contribute;

(b)    that a member who is exempt (in the manner hereinafter specified) from  the obligation to contribute to the political fund of the union shall not be excluded from the benefits of the union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the union (except in relation to the other or management of the political fund) by reason of his being so exempt, and that contribution to the political fund of the union shall not be made a condition for admission to the union.

36. (2)        If any member of a trade union alleges that he is aggrieved by a breach of any rule made in pursuance of this section, he may complain to the Registrar and the Registrar after giving the complainant and any representative of the union an opportunity of being heard, may, if he considers that such a breach has been committed make such order for remedying the breach as he the breach as he thinks just under this circumstances; and any such order of the Registrar shall be binding and conclusive on all parties without appeal and shall not be removable into any Court of Law, or restrainable by injunction and on being recorded in the Supreme Court Registry may be enforced as if it had been an order of the Supreme Court.

36. (3)         The political objects to which this section applies are the expenditure of money –

(a)    on the payment of any expenses incurred either directly or indirectly by a candidate or prospective candidate doe election to the Legislative Council or to any public office, before, or after the election in connection with his candidate or election; or

(b)    on the holding with the meeting or the distribution of any literature or documents in support of any such candidate or prospective, or

(c)    in connection with the registration of elector or the selection of a candidate for the Legislative Council or any public office; or

(d)    on the holding of political meetings of any kind, or on the distribution of political literature or political documents of any kind unless the main purpose of the meetings or of the distribution of the literature or documents is the furtherance of statutory objects within the meaning of this Act; or

(e)    on the maintenance of any person who is a member of a Legislative Council in the Colony or who holds a public office

The expression “public office “ in this section means the office of member of any municipal body or of any local road board or of any public body who have power to raise money, either directly or indirectly, by means of a rate.

36. (4)        A resolution under this section approving political objects as an object of the union shall take effect as if were a rule of the union and may be rescinded in the same manner and subject to the same provisions as such rule.

36. (5)        The provisions of this section as to the application of the funds of a union for political purposes shall a not apply to a union which is in whole or in part an association or combination of other unions as if the individual members of the component unions were members of that union and not the unions; but nothing in this section shall prevent any such component union from collecting from any of their members  who are not exempt on behalf of the association or combination any contributions to the political fund of the association or combination.

36. (6)        A ballot for the purposes of this section shall be taken in accordance with rules of the union to be approved for the purpose by the Registrar, but the Registrar shall not approve any such rules unless he is satisfied that every member has an equal right, and, if reasonably possible, a fair opportunity of voting, and that the secrecy of the ballot is properly secured.

Notice of objection to contribute towards political objects.

37.        A member of a trade union may at any time give notice, in the form set out in the Third Schedule or in a form to the like effect, that he objects to contribute to the political fund of the union, and, on the adoption of a resolution of the union approving the furtherance of political objects as an object of the union, notice shall be given to the members of the union acquainting them that each member has a right to be exempt from contributing to the political fund of the union, and that a form of exemption notice can be obtained by or on behalf of a member either by application at or by post from the head office or any branch office of the union or the office of the Registrar.

Any such notice to members of the union shall be given in accordance with rules to the union approved for the purpose by the Registrar, having regard in each case to the existing practice and to the character of the union.

37. (2)        On giving notice in accordance with this Act of his objection to contribute, a member of the union shall be exempt, so long as his notice is not withdrawn, form contributing to the political fund of the union as from the first day of January next after the notice is given or, in the case of a notice given within one month after the notice given members under this section on the adoption of a resolution approving the furtherance of political objects, as from the date on which the member’s notice is given.

Mode of giving effect to exemption form contributions to political fund.

38.        Effect may be given to the exemption of members to contribute to the political fund of a union either by separate levy of contributions to that fund from the members of the union who are not exempt, and in that case the rules shall provide that no moneys of the union other than the amount raised by such separate levy shall be carried to that fund, or by relieving any members who are exempt from the payment of the whole or any part of any periodical contributions required from the members of the union towards the expenses of the union, and in that case the rules shall provide that the relief shall be given as far as possible to all members who are exempt on the occasion of the same periodical payment and for enabling each member of the union to know as respects any such periodical contribution, what portion, if any, of them payable by him is a contribution to the political fund to the union.

Summary procedure.

39.        All summary offences and penalties under this Act may be prosecuted and recovered before a Magistrate in the manner provided by the Magistrate’s Code of Procedure Act.   [Cap 46]

Application of fees.

40.        All fees relating to trade union received by the Registrar and by the Audit Department under this Act or under any regulations made thereunder shall be paid into the Public Treasury to the credit of general revenue.

FIRST SCHEDULE

FEES

For registering trade union                                  4.80

For registering alterations in rules                       2.40

For inspection of documents                              0.60

SECOND SCHEDULE

MATTERS TO BE PROVIDED FOR BY RULES OF TRADE UNIONS REGISTERED UNDER THIS ACT

1.        The name of the Trade union and place of meeting for its business.

2.        The whole of the objects for which the trade union is to established, the purposes for which its funds shall be applicable, and the conditions under which any member may become entitled to any benefit assured thereby, and the fines and forfeitures to be imposed on any member of the trade union.

3.        The manner of making, altering, amending and rescinding rules.

4.        Provisions for the appointment and removal of a general committee of management, of a trustee, treasurer and other officers.

5.        Provision for the investment of the funds, and for an annual or periodical audit accounts.

6.         Provision for the investment of the funds, and for an annual or periodical audit of accounts.

7.        The inspection of the books and names of members of the trade union by every person having an interest in its funds.

8.        The manner of dissolution.

THIRD SCHEDULE

FORM OF EXEMPTION NOTICE

Name of trade union

Political fund (exemption notice).

I hereby give notice that I object to contribute to the political fund of the

Union, and am in consequence exempt in manner provided by the Trade Unions Act [cap. 353] form contributing to that fund.

A.                                                  B.

                                                    Address

The day of                 19

FOURTH SCHEDULE

Fees for audit

1.     Where a trade union consists of not more than 200 members.            10.08

2.    Where a trade union consists of more than 200 but not more than      15.12

1,000  members.

3.    Where a trade union consists of more than 1,000 members.                30.24

 

St. Kitts was once known as the Gibraltar of the West Indies for its domination of 18th- century colonial battles. How the island rose to become the world’s leader in sugarcane cultivation, an inspiration for the industrial revolution in the process.

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