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Antigua and Barbuda - Minimum Wages - 2011


SOURCES


Name of Act

The Minimum Wage Order, 2008, Act No.2 of 2008.

Name of Act

Labour Code of Antigua and Bermuda of 1975, Act No. 14, dated 19 September 1975 (Official Gazette 1975), as amended up to Act. No. 16 of 1998, Chapter 27.
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Name of Act

The Labour Commissioner Act of 1 January 1951, Chapter 232.

LEGAL DEFINITIONS


Employee/worker

Any person who performs work under contractual relation with an employer.
Labour Code of Antigua and Bermuda A5

Employer

Any person, including representatives, who hire an employee for the performance of any work or service.
Labour Code of Antigua and Bermuda A5

Wage

Any money or other thing paid or contracted to be paid, delivered, or given at periodic intervals, as recompense, reward, or remuneration for services or labour done or to be done.
Labour Code of Antigua and Bermuda A5

Minimum wage

the basic wage or minimum remuneration rate for every category of worker.
Labour Code of Antigua and Bermuda C21(1)
Labour Code of Antigua and Bermuda A5

MINIMUM WAGE FIXING


Procedure


Government decides after tripartite or bipartite body discussions/recommendations

The minimum wage rate is fixed by the Minister of Labour after hearing recommendations made by a Minimum Wage Advisory Committee specially appointed by him, which shall be composed of equal number of employers and employees and representatives of such other interests in the economy as the Minister deems appropriate.
Labour Code of Antigua and Bermuda C 21(1)

Criteria


Cost of living

In order to fixed the Minimum wages are considered several factors such as the conditions of work, the extent of unemployment, the cost of living, and the general conditions of the economy of the State.
Labour Code of Antigua and Bermuda C 21(1)

Social security benefits

In order to fixed the Minimum wages are considered several factors such as the conditions of work, the extent of unemployment, the cost of living, and the general conditions of the economy of the State.
Labour Code of Antigua and Bermuda C 21(1)

Economic development

In order to fixed the Minimum wages are considered several factors such as the conditions of work, the extent of unemployment, the cost of living, and the general conditions of the economy of the State.
Labour Code of Antigua and Bermuda C 21(1)

Level of employment

In order to fixed the Minimum wages are considered several factors such as the conditions of work, the extent of unemployment, the cost of living, and the general conditions of the economy of the State.
Labour Code of Antigua and Bermuda C 21(1)

Coverage


Scope

The law states that the Minister of Labour issues the minimum wage payable for each category of worker or occupation of work. However the different minimum wage rates, which were established by law in 1981, have never been revised and generally are viewed as irrelevant to existing economic conditions.

As a reference, the lowest minimum wage is established for domestic workers in $0.46 (EC$1.25) per hour; the highest minimum wage, for skilled labour, is $1.30 (EC$3.50) per hour. Nevertheless in practice the great majority of workers earn substantially more than the minimum wage.

In addition, the last Minimum Wage Order of 2008 it does not exclude any category of worker from the minimum rate.
Labour Code of Antigua and Bermuda C 22(3)
The Minimum Wage Order, 2008 §3

Specific minimum wage rates


» Specific minimum wage by occupation

Yes, although the last Minimum Wage Order of 2008 does not specify the different rates according to the different occupations.
The Minimum Wage Order, 2008 §3

Level


Minimum wage level(s) in national currency

The minimum wage payable for employment in the State is 7.50$ per hour.
The Minimum Wage Order, 2008 §3

Last minimum wage update

2 January 2008
Labour Code of Antigua and Bermuda §3

In-kind allowances

The money wages shall be paid in legal tender, provide, however, that the payment of wages by cheque on a bank in the State or by postal order is also permitted.

Payments in any other thing than money given as remuneration for any service rendered are permitted if previously agreed in the contract of employment. However the employer shall not, in respect of the cost of anything, make any deduction from the sum contracted to be paid in cash to the employee.
Labour Code of Antigua and Bermuda C31 (1), A5 and D15

Rate of payment


» Hourly

Yes
The Minimum Wage Order, 2008

Scheduled frequency of adjustment

The law states in relation to minimum wages rates that an order issued by the Minister shall not continue in force for more than two years.
Labour Code of Antigua and Bermuda C 22(3)

Enforcement mechanisms


Labour inspection

In order to safeguard and promote the general welfare of workmen of Antigua and Barbuda, the Labour Commissioner and such officers appointed may carry out supervisions in order to ensure the compliance of the working conditions of the various forms of employment existing in the State.
The Labour Commissioner Act §4, §5(1), §5(2)

Fines in national currency for non-respect of legislation

Where a minimum basic wage has been fixed, an employer who fails to pay said wage rate shall be liable on summary conviction to a fine of three hundred dollars and in the case of a second or subsequent conviction to a fine of seven hundred and fifty dollars.
Labour Code of Antigua and Bermuda C 23(1)

Results generated on: 26th July 2014 at 03:03:53.
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