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Antigua and Barbuda - Working time - 2011


SOURCES


Name of Act

The Public Holidays Act, Chapter 354, of 10 September 1954 as amended up to Act No. 8 2005.

Name of Act

The Civil Service Regulations, 1993 (No. 1 of 1993) as amended up to Regulations of 1994 (No. 24 of 1984).

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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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

Night work(er)

Night work is the work performed between the hours of 10 p.m. and 5 a.m.
Labour Code of Antigua and Bermuda E2

NORMAL HOURS LIMITS


Daily hours limit


General limit

The standard work day shall not be more than 8 hours.
Labour Code of Antigua and Bermuda C24 (2)

Exceptions

Whenever the Minister deems it necessary he will increase the allowable hours of work either permanently or temporary in any establishment or industry.
Labour Code of Antigua and Bermuda C24 (4)

Weekly hours limit


General limit

The standard work week shall not be more than 48 hours.

The Civil Servants are entitled to work not more than 36 hours per week.
Labour Code of Antigua and Bermuda C24 (2)
The Civil Service Regulations, 1993 §37

Exceptions

Whenever the Minister deems it necessary he will increase the allowable hours of work either permanently or temporary in any establishment or industry.
Labour Code of Antigua and Bermuda C24 (4)

OVERTIME WORK


Criteria for overtime


General

Any hour of work in excess of 8 hours in any 24 hour period or in excess of 48 hours in any 168 hour period is considered over time work and shall have premium remuneration.

Civil Servants who are required to work more than 36 hours a week or on a public holiday shall be granted either time off or overt-time payment in lieu of additional hours worked.
Labour Code of Antigua and Bermuda C27
The Civil Service Regulations, 1993 §37 (3)

Compensation for overtime work


Overtime rate(s)

At least 150% of the basic wage per hour.
Labour Code of Antigua and Bermuda C26

REST PERIODS


Weekly rest periods


Duration

Every employer shall permit to all of his employees to enjoy a period of rest of at least 24 consecutive hours for a period of 7 consecutive days.
Labour Code of Antigua and Bermuda C24 (1)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

The length of the annual leave for a worker who has successfully passed his probationary period is at least one day per month of employment. 12 days per year of work performed.
Labour Code of Antigua and Bermuda C 18(1)

Payment


» Amount

Each employee who has successfully passed his probationary period is entitled to vacation leave without loss of at least the basic wage including the cash equivalent of payments in kind he would have received if he had not taken the leave.
Labour Code of Antigua and Bermuda C 18(1)

Schedule and splitting

The dates of the taking of earned vacation leave shall be fixed by agreement between employer and employee.

By mutual agreement the employer may advance leave not yet earned.

By mutual agreement earned vacation leave exceeding six days need not be taken in an unbroken time period.
Labour Code of Antigua and Bermuda C 18(3)(4)(5)

Work during annual leave

An employer shall not compel an employee to forego the taken of paid leave even though he pay extra.
Labour Code of Antigua and Bermuda C 18(6)

PUBLIC HOLIDAYS


Number and dates

New Years Day (the First day of January in each year), Independence Day (the First day of November in each year), Boxing Day (The26th day of December, the Day after Christmas), Easter Monday, Labour Day (The First Monday of May), Whit Monday, Carnival Holiday (The First Monday in August and the Tuesday following the First Monday in August), National Heroes Day (The 9th day of December) plus all Sundays, Christmas Day and Good Friday which are observed as Common Law Holidays.

Civil Servants are entitled to special leaves when in public interest. To this respect they will enjoy paid leave when required the participation in a national sporting event, to attend as a delegate a social, religious or educational conference of a recognized National Association or Trade Union, and for examination for the advancement of the officer´s knowledge.
The Public Holidays Act, Schedule
The Civil Service Regulations, 1993 §117(1)

Payment

No person shall be compellable to make any payment or to do any act upon public holidays, and the making of such the following day shall be equivalent.
The Public Holidays Act, §4

Work on Public Holidays

It is not permitted to open any shop or store on a public holiday for the sale of any article in Antigua and Barbuda. However the law states exceptions such as are the opening of drug stores or drug in case of necessity for making up prescriptions and supplying drugs, the opening of public markets or the sale of food or drinks up to the hour of 9 a.m., the opening of petrol stations for the sale of gasoline, oil or motor accessories, or of any garage for the purpose of effecting emergency repairs to motor vehicles.
The Public Holidays Act, §6, §7

» Compensation

Public Holidays are paid and so an employee he shall suffer no loss of pay, and in case of non-payment, may be noted and protested on the next following day.
Labour Code of Antigua and Bermuda C 14(1)
The Public Holidays Act, §2

NIGHT WORK


Criteria for night work

The night work is the work performed between the hours of 10 p.m. and 5 a.m.

No young person, between 14 and 18 years old, shall be employed on night work, unless expressely permitted by order of the Minister in case of serious emergency and in the public interest.
Labour Code of Antigua and Bermuda E5 (3)

SHIFT WORK


Schedule

The employer shall file with the Labour Commissioner a written notice stating the number of employed people in shifts at any one time.
Labour Code of Antigua and Bermuda D9 Schedule

Results generated on: 01st October 2014 at 02:17:45.
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