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News - The Shops Act 2015-30
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Labour News.


The Shops Act 2015-30

  • An Act to repeal and replace the Shops Act to make better provision with respect to the opening and closing  hours of shops, the terms and conditions under which persons are employed in shops and certain other businesses, and with respect to health and safety standards in shops and for related matters.

 

  • This Act applies to employees of the following businesses:

 

(a)     cinemas;

 

(b)   laundries; and

 

(c)   businesses providing betting and gaming services.

 

(2)     For the purposes of subsection (l), “employee” means a person directly employed to provide services for customers of the business.

 

(3)     The health and safety standards prescribed in Part IV of this Act apply, with the necessary changes, to employees of the following businesses:

 

(a)   cinemas;

 

(b)   laundries;

 

(c)   businesses providing betting and gaming services;

 

{d)   businesses providing floral services;

 

{e)   businesses providing barber services; and

 

(f)  businesses providing beauty and cosmetic services.

 

 

  • A shop may be opened for business from 7:00 hours on Mondays continuously through to 22:00 hours on Sundays except on a closed day.

 

  • The Chief Labour Officer may, on the application of the occupier, grant that occupier a licence on such conditions as may be specified by the Chief Labour Officer, authorising the occupier to open his shop for business on a closed day.

 

  • The occupier of a shop may open that shop for the purpose of cleaning the shop and to allow preparatory work to be carried out before the opening hour and after the closing hour specified in this section; but no customers shall be allowed in the shop, and the doors of the shop shall be kept closed.

 

  • The number of hours in any one week, excluding intervals for meals, during which a shop assistant may be required to work in a shop shall not exceed 40.

 

 

 

  • Subject to subsection (6), no shop assistant shall be required to work

 

(a)   on any day for more than 4.5 consecutive hours without an interval of one hour for mealtime and for more than 8 hours in the aggregate to run continuously  from the time he commences work, but excluding intervals for meals;

 

(b)   unless that shop assistant is given an interval of not less than 12 hours off betwcen each shift;

 

(c)   for more than five days in a week.

 

  • Where a shop assistant works

 

(a)   on any public holiday or day-off, that shop assistant is entitled to be paid twice as much as his ordinary rate;

 

(c)    overtime, that shop assistant is entitled to be paid time and one half that shop assistant's ordinary rate.

 

 

  • The occupier shall keep a record for each week, which shall be signed by him, showing in respect of every shop assistant

 

(a)   the period of employment during each day;

 

(b)   the number of hours that the shop assistant worked during that week;

 

(c)   the times at which intervals for meals were allowed and the duration of each interval;

 

(d)   the wages paid for normal work during that week; and

 

(e)   the wages paid for overtime work during that week.

 

 

  • No shop assistant shall be required without his consent,

 

(a)   to work overtime; or

 

(b)   to work on the day he observes as the day of religious worship.

 

  • The occupier of a shop shall, in every room where shop assistants are employed, provide not less than one seat for every 3 shop assistants employed therein, and where there are less than 3 shop assistants employed in a room, the occupier shall provide at least one seat.

 

 

  • Subject to subsections (2) and (3), every occupier carrying on business in a shop in which 5 shop assistants or more are employed shall provide an adequate room for the eating of meals by those shop assistants.

 

  • Where any shop assistant is employed in a shop, the occupier shall provide a first aid kit containing such first aid supplies as the Chief Labour Officer on the advice of the Chief Medical Officer may direct.

 

  • The occupier shall provide an adequate supply of drinking water free of cost for the use of shop assistants in the room or area set aside for the taking of meals by shop assistants.

 

  • The occupier shall provide an adequate number of lavatories for shop assistants and other sanitary facilities for the washing and drying of hands.

 

  • The occupier shall provide a safe means of access to every place where shop assistants work and shall to the satisfaction of the Chief Labour Officer, maintain those means of access.

 

  • The occupier shall ensure that adequate ventilation is provided and maintained in the shop.

 

  • No shop assistant shall be employed in a shop during the night unless the occupier obtains a certificate from the Chief Labour Officer permitting him to do so.

 

  • No shop may be opened for business unless there is a fire safety certificate issued by the Chief Fire Officer in respect of that shop.

 

  • The occupier shall provide and maintain to the satisfaction of the Chief Fire Officer

 

(a)  such means of escape in case of fire for the persons in the shop as may reasonably be required in the circumstances; and

 

(b)   equipment for firefighting which  shall  be so placed as to be easily available for use.

 

  • The occupier shall ensure that any door opening on any staircase or corridor from any room in which any person is employed or any customer  is allowed and any door affording a means of exit from the shop for persons in the shop is, except where the doors arc sliding doors, constructed to open outwards.

 

  • The Chief Fire Officer may at any time enter any shop and inspect the premises for the purpose of ensuring that the provisions of this Part have been complied with.

 

 

  • The Chief Labour Officer or a member of the Police Force may at any time enter and inspect any shop for the purpose of ascertaining whether this Act is being complied with.

 

  • Every person who commits an offence against this Act for which no other penalty is provided, is liable on summary conviction to a fine of $10 000 or imprisonment for one year or to both.

Published: Wednesday, 27th April, 2016





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3rd Floor West, Warrens Office Complex, Warrens, St. Michael, Barbados | Tel: (246) 535-1400 | Fax: (246) 535-1573 | E-Mail: mol@labour.gov.bb