DOMINICA

LABOUR STANDARDS ACT

Arrangement of Sections

1. Short title.
2. Interpretation.

APPLICATION
3. Application.
4. Act applies notwithstanding other arrangements.

MINIMUM WAGES
5. Proclamation to fix a minimum wage.
6. Advisory board.
7. Handicapped person.
8. Obligation to pay not less than minimum wage.

HOURS OF WORK
9. Interpretation.
10. Hours of work.
11. Obligation to pay overtime.
12. One day’s rest in a week.

VACATION LEAVE
13. Annual vacation leave with pay.
14. Granting vacation leave with pay.
15. Holiday during vacation.
16. Part-time employees.

MATERNITY LEAVE
17. Where entitled to maternity leave.
18. Length of maternity leave.
19. Application for maternity leave.
20. Vacation leave to be used first.
21. Minimum period of leave after confinement.
22. Pay during maternity leave.
23. Employment deemed continuous.

EQUAL WAGES
24. Equal wages.
25. Different wages based on factors other than sex.
26. Reduction of wages - prohibition.

TRANSFER OF BUSINESS
27. Transfer of business.

ADMINISTRATION AND ENFORCEMENT

28. Inspectors.
29. Records to be kept.
30. Complaint to Tribunal.
31. Jurisdiction to decide all questions.
32. Offence.

AN ACT to provide for the fixing of wages of workers, the hours of work, their
leave and generally for matters pertaining to the welfare of workers.

Commencement 31st March 1977

Short title.
1. This Act may be cited as the Labour Standards Act.

Interpretation.
2. In this Act -

"business" includes trade, undertaking, operation and establishment

"employee" means, subject to section 9, any person employed by an employer;

"employer" means a person who employs one or more employees;

"handicapped person" means a person who has a disability that constitutes a

handicap in the performance of any work to be done by him for an employer;

"holiday" means a public holiday or a day which by agreement is a holiday with

pay;

"inspector" means any person appointed as an inspector pursuant to this Act;

"juvenile" means any person over sixteen years of age and under eighteen years
of age;

"Labour Commissioner" means the public officer appointed to the post of Labour
Commissioner by the Public Service Commission;

"Minister" means the Minister responsible for Industrial Relations;

"Tribunal" has the same meaning as that given in section 2(1) of the Industrial
Relations Act; and

"year of employment" means continuous employment of an employee by one

employer for a period of twelve consecutive months beginning with –

(a) the date the employment began .or any subsequent anniversary
date thereafter; or

(b) such other date as the Labour Commissioner may approve having
regard to all the circumstances, including previous practice respecting
vacation leave in the business.

APPLICATION

Application.
3. This Act applies to the State.

Act applies notwithstanding other arrangements.

4. (1) Subject to subsection (2), this Act applies notwithstanding any other
law or any custom, agreement, contract or arrangement, whether made before or
after the date on which this Act comes into force.

4. (2) The rights or benefits conferred on an employee by this Act are the
minimum rights and benefits to which he is entitled, and nothing in this Act shall be
construed as affecting any rights or benefits he may have or obtain under any law,
custom, contract or arrangement that are more favourable to him than his rights or
benefits under this Act.

MINIMUM WAGES

Proclamation to fix a minimum wage.

5. (1) The Minister may by Order fix a minimum rate of wage in respect of
an occupation or category to be paid by employers to employees in that
occupation or category.

5. (2) An Order made pursuant to subsection (1), fixing a minimum rate of

wage in respect of an occupation or category shall express that minimum rate in
terms of –

(a) both a weekly and hourly rate;

(b) both a daily and hourly rate; or

(c) an hourly rate.

Advisory board.
6. (1) Where the Minister considers it advisable, he may appoint an
advisory board to consider the wages paid to employees in any occupation or
category and to advise him of the minimum rate of wages that would be fair for
employees in that occupation or category.

6. (2) An advisory board appointed by the Minister pursuant to

subsection (1) shall consist of such number of members as the Minister
considers appropriate.

6. (3) In appointing the members of an advisory board, the Minister shall

endeavour to ensure that the advisory board is equally representative of
employees and employers who are directly concerned with the occupation or
category in respect of which the advisory board is being constituted.

Handicapped person.
7. For the purpose of enabling a handicapped person to be gainfully
employed, the Labour Commissioner may authorise the employment of the
handicapped person at a wage lower than the minimum rate of wage fixed
pursuant to section 5 if he is satisfied that it is in the best interest of the
handicapped person to be so employed.

Obligation to pay not less than minimum wage.

8. (1) Where a minimum rate of wage is fixed by Order pursuant to
section 5 in respect of an occupation or category, every employer of an
employee who is employed in that occupation or category shall pay wages, the
employee at not less than that minimum rate.

8. (2) Where an employer is authorised pursuant to section 7 to employ a

handicapped person at a wage lower than the minimum rate of wage, the
employer shall pay wages to the handicapped person at not less than that lower
wage.

HOURS OF WORK

Interpretation.
9. In sections 10 to 12 -

"employee" does not include any person employed by an employer-

(a) who has and actually exercises authority

(i) to hire employees;

(ii) to terminate the employment of employees; or

 (iii) to order that employees be suspended without pay;

(b) who makes effective recommendations that will, except in unusual

circumstances, be acted upon by the employer respecting any matter
mentioned in paragraph (a);

(c) in a capacity that requires that person to have full knowledge of the
financial position on the business of the employer; or

(d) who is responsible for or has an effective voice in the formulation of

policy in the business of the employer; and

"standard hours of work" means the hours of work described in section 10.

Hours of work.
10. (1) Except as otherwise provided by or under this Act, the working
hours of an employee shall not exceed eight hours in a day and forty hours in a
week, and, except as provided by or under this Act, no employer shall cause an
employee to work longer hours than eight hours in any day or forty hours in any
week, unless the employee consents to do so.

10. (2) In a week in which any holiday occurs that entitles an employee to
a holiday with pay in that week, the working hours of that employee in that week
shall be reduced by the number of hours that the employee would normally have
worked on the day on which the holiday falls.

10. (3) The Minister may, in respect of any occupation or category of

employee, by Order reduce the daily or weekly working hours or both of them, of
employees in that occupation or category.

10. (4) A worker shall not be entitled to a holiday with pay unless he
reports for work on the last working day before the commencement of that
holiday and on the first working day after the end of that holiday.

Obligation to pay overtime.

11. When an employee is required or permitted by his employer to work
in excess of the standard hours of work applicable to him, the employer shall pay
the employee for the overtime at a rate of wages not less than one and one-half
times his regular rate of wages.

One day’s rest in a week.

12. Every employer shall, with respect to each of his employees,
schedule the hours of work of the employee in each week in such a way that the
employee has at least one full day of rest in the week, and, wherever practicable,
Sunday shall be the normal day of rest in a week.
 VACATION LEAVE

Annual vacation leave with pay.

13. Except as provided by or under this Act, every employee is entitled
to and shall be granted vacation leave with pay from his employer after and in
respect of each year of employment –

(a) of at least two weeks where the employee has been continuously
employed by the employer for less than five years; and

(b) of at least three weeks where the employee has been continuously
employed by the employer for five years or more.

Granting vacation leave with pay.

14. The employer of an employee who has become entitled to vacation
leave with pay shall -

(a) grant to the employee the vacation leave to which he is entitled,

which shall begin not later than ten months following the completion of the
year of employment in respect of which the employee became entitled to
the vacation leave; and

(b) pay to the employee his regular rate of wages during the period of
the vacation leave on the days on which he would normally receive
wages.

Holiday during vacation.

15. Where a holiday to which a employee is entitled occurs during any
vacation leave granted to the employee, the vacation leave shall be extended by
one day without any loss of pay.

Part-time employees.
16. (1) Where an employee is employed by an employer for a total of less
than 1,760 hours in a year of employment, the employer shall-

(a) pay to the employee at the end of the year of employment four
percent of the wages paid to the employee during the year of employment;
or

(b) grant vacation leave with pay to the employee that bears the same
relation to two weeks as the number of hours worked by the employee
during the year of employment bears to 1,760.

16. (2) Where the employment of an employee by an employer is

terminated for any reason, the employer shall forthwith pay to the employee-
 (a) the amount of pay due to him in respect of any unused vacation
leave to which the employee is entitled in respect of any prior completed
year of employment; and

(b) an amount equal to at least four percent or, where the employee
would have been entitled to vacation leave of three weeks in respect of
the current year of employment, at least six percent, of the wages paid to
him during any part of the completed portion of the current year of
employment in respect of which he has not been granted vacation leave.

Where entitled to maternity leave.

17. Every employee who has completed twelve months of continuous
employment by an employer and who is pregnant is entitled to and shall be
granted maternity leave in accordance with this Act.

Length of maternity leave. [36 of 1983]

18. Subject to sections 19, 20 and 21, the maternity leave to which an
employee is entitled pursuant to this Act shall consist of –

(a) a period before the estimated date of confinement to be specified

by the employee, but not less than three weeks; and

(b) a period not exceeding nine weeks commencing on the actual date
of confinement.

Application for maternity leave. [36 of 1983]

19. An employee intending to take maternity leave shall-

(a) apply in writing for such leave to her employer specifying -

(i) the estimated date of her confinement; and

(ii) the date on which her maternity leave will commence, which
may not be less than three weeks before the estimated date of her
confinement; and

(b) furnish to her employer at the same time a certificate of a duly

qualified medical practitioner certifying that she is pregnant and specifying
the estimated date of her confinement.

Vacation leave to be used first.

20. Unless her employer otherwise agrees, an employee who has
applied for maternity leave shall, commencing on the date specified by her as the
date on which her maternity leave will commence, use up all of the unused
vacation leave with pay to which she is then entitled before commencing
maternity leave.

Minimum period of leave after confinement. [36 of 1983]

21. Where the leave to be taken has been extended by any period
elapsing between the presumed date of confinement and the actual date of
confinement the period of leave to be taken after confinement shall in no case be
reduced on that account to a period of less than six weeks.

Pay during maternity leave.

22. Any employee who takes maternity leave pursuant to this Act shall
be paid by her employer a weekly wage that is not less than one half of her
normal weekly wage for a period of four weeks following the date on which her
maternity leave commences, whichever is the lesser period.

Employment deemed continuous.

23. (1) An employee who resumes her employment on the expiration of
her maternity leave shall be reinstated by her employer in the position occupied
by her at the time such leave commenced or in a comparable position with not
less than the same wages and benefits.

23. (2) For the purpose of calculating any benefits of an employee to

whom maternity leave is granted, employment after the termination of such leave
shall be deemed continuous with employment before the commencement of such
leave.

EQUAL WAGES

Equal Wages.
24. No employer shall establish or maintain differences in wages
between male and female employees employed in the same business who are
performing, under the same working conditions, the same or similar work or jobs
requiring similar skill, effort and responsibility.

Different wages based on factors other than sex.

25. Payment to male and female employees of different wages does
not constitute a violation of section 24 if the difference is based on any other
factor or factors other than sex that justify such a difference.

Reduction of wages – prohibition.

26. No employer shall reduce the wages of an employee in order to
comply with section 24.
 TRANSFER OF BUSINESS

Transfer of Business.
27. Where any business in which an employee is employed is by sale,
lease, merger or otherwise, transferred from one employer to another employer, the
employment of the employee by the two employers before and after the transfer of
the business shall be deemed to be continuous with the employer to whom the
business was transferred for the purpose of the application of –

(a) sections 13 to 16 relating to vacation leave; and

(b) sections 17 to 23 relating to maternity leave.

ADMINISTRATION AND ENFORCEMENT

Inspectors.
28. (1) The Minister may designate any person as an inspector under this Act.

28. (2) An inspector may, for the purpose of enforcing this Act –

(a) inspect and examine all books, payrolls and other records of an
employer that in any way relate to the wages, hours of work and conditions of
employment affecting any employee;

(b) take extracts from or make copies of any entry in the books, payrolls
and other records mentioned in paragraph (a);

(c) require an employer to make or furnish full and correct statements,

either orally or in writing, in such form as may be required, respecting the
wages paid to all or any of his employees, and the hours of work and
conditions of their employment; and

(d) require an employee to make full disclosure, production and delivery to

him of all records, documents and statements or of other information, either
verbal or in writing, that the employee has in his possession that in any way
relate to the wages, hours of work or conditions of his employment.

28. (3) An inspector may at any hour of the day or night enter upon any place
used in connection with any business for the purpose of making an inspection
authorised under subsection (2), and may, for such purpose, question any employee
apart from his employer.

28. (4) An inspector shall be furnished by the Minister with a certificate of his
authority and on entering any place used in connection with a business shall, if so
required, produce the certificate to the person in charge thereof.
28. (5) The person in charge of any place used in connection with any
business and every person employed at that place shall give an inspector all
reasonable assistance in his power to enable the inspector to carry out his duties
under this Act.

Records to be kept.
29. (1) Every employer shall make and keep for a period of at least twenty-
four months after the work is performed, a record showing, with respect to each
employee employed by him –

(a) his name;

(b) his address;

(c) his age, where the employee is under the age of eighteen
years;

(d) his wage rate;

(e) the hours worked by him; and

(f) the actual earnings of and payments made to him.

29. (2) Every employer shall furnish such information relating to the wages
and hours of work of his employees and the vacation leave and maternity leave
granted to them as may be required from time to time by the Minister or an
inspector.

Complaint to Tribunal. [36 of 1983]

30. (1) Where it is alleged that an employer has failed to comply Complaint to
with the provision of this Act other than the provisions of sections 28 and 29 –

(a) any employee affected by that alleged failure;·

(b) any trade union on behalf of such an employee; or

(c) the Labour Commissioner,

may make a complaint in writing to the Tribunal.

30. (2) Subject to section 6 of the Industrial Relations Act, or as that section
may be modified or re-enacted, before any complaint is made to the Tribunal by any
party entitled under subsection (1) notice of the proposal to do so shall be given to
the Minister, and where such a notice has been given, action will be taken by the
Minister as specified in section 6 of that Act, and he will notify the party or parties
giving the notice accordingly.

30. (3) A complaint made to the Tribunal pursuant to subsection (1) may be
made at any time within two years after the date on which the subject matter of the
complaint arose, and not thereafter.

30. (4) A complaint made to the Tribunal pursuant to subsection (1) shall
contain –

(a) the name of the employer and, where applicable, the employee;

(b) a brief statement of the facts and circumstances relevant to the

complaint; and

(c) a statement of the relief claimed.

30. (5) The Labour Commissioner may, at the request of any employee, assist
the employee in making a complaint to the Tribunal or in conducting any proceeding
before the Tribunal relating to a complaint.

Jurisdiction to decide all questions.

31. (1) The Tribunal has exclusive jurisdiction to determine all questions that
arise in relation to any complaint made to it pursuant to this Act.

31. (2) The Tribunal has, in relation to any complaint made to it pursuant to
this Act, power to order an employer –

(a) to comply with any provisions of this Act; and

(b) to pay to any employee any amount found to be due to the employee
pursuant to this Act.

31. (3) The Tribunal has, in relation to any complaint made to it pursuant to
this Act, all of the powers with respect to its proceedings as are conferred on it by
the Industrial Relations Act.

31. (4) Any order of the· Tribunal made pursuant to this Act –

(a) is final and binding on the parties to the complaint;

(b) may be enforced in the same manner as a decision of the Tribunal

made pursuant to the Industrial Relations Act; and

(c) is subject to review or appeal onIy to the same extent as a decision of

the Tribunal made pursuant to the Industrial Relations Act.
Offence.
32. Every person who contravenes any of the provisions of section 28
or 29 is liable on summary conviction to a fine of seventy-five dollars for each day
during which contravention continues.

____________________

SUBSIDIARY LEGISLA TION

LABOUR STANDARDS (MINIMUM WAGE) ORDER

Section 5

Commencement 30th November 1989

Short title.
1. This Order may be cited as the – Labour Standards (minimum
Wage) Order.

Minimum rate of wage.

2. The minimum rate of wage in respect of an occupation or category
in accordance with section 5 of the Act shall be the rate as specified in the
Schedule.

________________

SCHEDULE

OCCUPATION OR CATEGORY

Agricultural and other unskilled workers $ 2.20 per hr.

(males and females)

Daily paid (factory and tourism)

(males and females) workers $ 2.00 per hr.

Juveniles $ 1.50 per hr.

Cashiers and receptionists $ 3.00 per hr.

Sales person/cashiers $ 2.00 per hr.

Shop assistants $ 2.00 per hr.

Home assistants (with meals) $ 1.00 per hr.

Home assistants (without meals) $ 1.25 per hr.

Home assistants (living in) $54.00 per week

of six days.