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Govern Ment of Barbados Ministry of Labour


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EMPLOYMENT (MISCELLANEOUS PROVISIONS) ACT
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SUMMARY

 

An Act to repeal the Employment of Women, Young Persons and Children Act and make new provision relating to the employment of persons generally including young persons and children.

KEY DEFINITIONS

 

Child A person under the age of sixteen (16) years.
Young Person A person who is at least sixteen (16) years of age but under the age of eighteen (18) years.
Industrial Undertaking Includes:
  • Any mine, quarry and other work respecting the extraction of minerals from the earth.
  • Any undertaking in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which minerals are transformed, including an undertaking engaged in ship-building or in the generation, transformation or transmission of electricity or motive power of any kind.
  • Any undertaking engaged in building and civil engineering, including constructional, repair, maintenance, alteration and demolition work, and
  • Any undertaking as prescribed by the Minister responsible for Labour.
Ship Any sea-going ship, vessel or boat of any description registered in Barbados.

 

 

MAIN FEATURES

 

  • No child shall be employed in any industrial undertaking or ship. This does not apply to work done in technical schools, on school ships or training ships under the supervision of a teacher or person authorized by the Minister of Education, or where - members of the same family are employed.
  • No child shall work between 6.00 p.m and 7.00 a.m. in any undertaking whatever.
  • No child shall be employed during school hours.
  • No young person shall be employed in any industrial undertaking during the night, i.e. 6.00 p.m to 7.00 a.m. or in any work that is likely to cause injury to his health, safety or morals. However, the Minister may, after consultation with workers' and employers organizations concerned, authorize night work for young person for the purposes of apprenticeship or vocational training in a specified industry or undertaking that is required to be carried on continuously.
  • A young person employed subject to the above authorization shall be granted a period for at least thirteen (13) consecutive hours between two periods of work.
  • The employer/master of young persons employed in an industrial undertaking or ship shall keep a register of:
    1. Their names and addresses;
    2. Their dates of birth
    3. Their starting and ending dates of employment.
  • The register shall be kept open to inspection by the Port Manager, Chief Labour Officer and the Police at all reasonable times.
  • Any employer/master who fails to keep/keep open to inspection the above register is guilty of an offence. Penalty - $1,000 or 12 months or both,
  • Employment of persons contrary to this Act makes an employer guilty of an offence and liable on summary conviction to a maximum fine of $1,000 or 12 months or both
  • A Justice of the Peace may authorize the police to enter any place at any reasonable time where there is reasonable cause to believe that a child is employed contrary to the Act.
  • A Person who assaults, obstruct, intimidates, abuses, hinders, bribes or attempts to prevent from entering a police so authorized is guilty of an offence, similar penalty as above.
  • A parent /guardian who conduces to the offence of taking a child into employment contrary to the Act is guilty. Penalty $100 or 3 months or both.
  • A parent/guardian who makes a false representation of the age of a child taken into employment in an industrial undertaking or ship is liable on summary conviction to a penalty as above.
  • When offences continue after a conviction, the offender is liable for a maximum fine or $250.00 per day of part thereof.
  • The Minister may make regulations with regard to any industrial undertaking in which persons including young persons and children are employed.
  • Chief Labour Officer shall issue a certificate for an employer to employ persons at night, i.e 9.00 p.m to 7.00 a.m. in any industrial undertakings if:-
  • Adequate transportation to and from work is provided.
  • Proper rest rooms and facilities for eating meals are provided
  • Adequate intervals for rest and meal-time are afforded the employees.

 




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3rd Floor West, Warrens Office Complex, Warrens, St. Michael, Barbados | Tel: (246) 535-1400 | Fax: (246) 425-0266 | E-Mail: mol@labour.gov.bb