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Barbados - Working time - 2011


LAST UPDATE

11 October 2011

SOURCES


Name of Act

Domestic Employees Act, Chapter 344, of 1st July of 1961

Name of Act

Holidays with Pay Act. Chapter 348, of 11th January 1952, as amended up to June 1980.

Name of Act

Public Holidays Act, Chapter 49, of 30th December of 1968

Name of Act

Shops Act. Chapter 356A, of 1st December 1985, as amended up to 1996.

Name of Act

The Domestic Employees (Rate of pay and Hours of Duty) Order, dated 1982.

Name of Act

Employment (miscellaneus provisions) Act, chapter 346, of 24th March of 1977, as amended up to 2001
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Name of Act

Labour Department Act. Chapter 23, dated 1st September 1943, as amended up to 1967

Other source used

Caribbean Community Secretariat CARICOM Law website. Barbados Profile

LEGAL DEFINITIONS


Employee/worker

"Employee" means any person employed by any employer to do any work for hire or reward.

"Worker" means a person to whom wages are paid or are payable under a contract of employment (including a contract of apprenticeship expressed or implied.
Labour Department Act §2

Employer

"Employer" includes any person, firm, company or corporation employing one or more employees.
Labour Department Act §2

Night work(er)

"Night work" means the work performed during the night which is the interval between nine o’clock in the evening of any one day and 7 o’clock in the morning of the next succeeding day.
Employment (miscellaneus provisions) Act §2

Domestic worker

"Domestic employee" means any person employed for reward for the purpose of performing household duties in a private dwelling-house.
Domestic Employees Act §2

Young worker

Young worker is the worker who has attained the age of 16 years but who has not attained the age of 18 years.
Employment (miscellaneus provisions) Act §2

NORMAL HOURS LIMITS


Daily hours limit


General limit

General provisions have not been identified. However, we take the conditions of employment for shop assistants as the de facto conditions for other categories of workers.

No shop assistant shall be employed in a shop on any day for more than 8 hours in the aggregate to run continuously from the time he commences work, excluding intervals for meals.
§6(2)

Weekly hours limit


General limit

General provisions have not been identified. However, we take the conditions of employment for shop assistants as the de facto conditions for other categories of workers.

The number of hours in any 1 week, excluding intervals for meals, during which a shop assistant may remain or may be employed in a shop shall not exceed 40.
Shops Act §6(1)

Special categories


» Domestic work

No domestic worker shall be employed for more than 44 hours in any one week.
The Domestic Employees (Rate of pay and Hours of Duty) Order §3(1)

OVERTIME WORK


Criteria for overtime


General

General provisions have not been identified. However, we take the conditions of employment for shop assistants as the de facto conditions for other categories of workers.

A shop assistant is performing overtime work when after giving his consent remains in the workplace over the normal hours of work and so he shall be paid at a higher rate than during his normal hours of work.
Shops Act §6(3)(6)

Compensation for overtime work


Overtime rate(s)

Where a shop assistant works overtime he is entitled to be paid at a rate of pay not less than-
(a) in the case of work performed on any closed day, twice as much as his ordinary rate; and
(b) in any other case, half as much again as his ordinary rate.
Shops Act §6(4)

Special categories


Domestic work

If a domestic worker agrees, he may be employed for periods in excess of 44 hours weekly limit, in which case he shall be remunerated in respect of the hours overtime so worked at a rate of pay not less than 50% extra of the rate at which he is ordinarily remunerated.
The Domestic Employees (Rate of pay and Hours of Duty) Order §3(2)
Domestic Employees Act §4

SCHEDULES

Relevant provisions on schedules have not been identified.

REST PERIODS


Rest breaks


General provisions

General provisions have not been identified. However, we take the conditions of employment for shop assistants as the de facto conditions for other categories of workers.

No shop assistant shall be employed in a shop on any day for more than 4½ consecutive hours without an interval of 1 hour for mealtime.
Shops Act §6(2)

Special categories


» Night work

In order to employ workers at night, the employer shall obtain a certificate from the Chief Labour Officer stating that proper rest room facilities and facilities for eating meals at the place of employment are provided and that adequate intervals for rest and meal-time are afforded to the employees.
Employment (miscellaneus provisions) Act §4(1)(2)

» Domestic work

The employer shall grant the domestic employee employed by him a break of not less than 1 hour in every working day. Any such break shall not be included in the computation of the hours of actual work.
Schedule.§2

Daily rest periods


Special categories


» Young workers

A young person shall be granted a period for rest of at least thirteen consecutive hours between two periods of work.
Employment (miscellaneus provisions) Act

Weekly rest periods


Duration


» General

Every shop assistant shall be allowed a period for rest of at least 2 days per week.
Shops Act §7(1)

» Exceptions

The 2 days weekly rest does not apply where a shop assistant consents to work overtime.
Shops Act §7(2)

Special categories


» Domestic workers

Domestic workers shall be granted 2 rest periods, each of not less than 24 hours consecutive rest, in every month.
Domestic Employees Act Schedule.§3

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

In order to enjoy annual leave, the worker shall have completed at least one year of employment with the same employer, which means any period of 12 months during which the employee has actually performed labour or rendered services for an aggregate of at least 208 days, in the case of employees employed on a weekly, fortnightly, monthly or yearly basis, and at least 150 days, in the case of any other employees.
Holidays with Pay Act §2, §3(3)

Duration


» General

An employee who completes a year of employment with an employer is entitled to -
(a) an annual holiday of not less than 3 weeks where he has been in the employment of that employer for less than 5 years; and
(b) an annual holiday of not less than 4 weeks where he has been in the service of that employer for 5 years or more.
Holidays with Pay Act §3(3)

Payment


» Amount

Every employee who takes an annual holiday shall be paid by his employer his average pay in respect of the period of 12 months to which such annual holiday relates.
Holidays with Pay Act §4(1)

» Date of payment

Where the employee takes his annual holiday in one period, the
average pay shall be paid to him not later than the day immediately preceding the commencement of such annual holiday.

Where the employee takes his annual holiday in 2 periods, a proportionate part of the average pay shall be paid to him in respect of each period later than the day immediately preceding the commencement of each of the 2 periods.
Holidays with Pay Act §4(2),§4(3)

Schedule and splitting

The annual holiday shall be given and taken in one period or, if the employer and employee so agree, in two separate periods and not otherwise.

Where the employer and employee so agree, the annual holiday or either of such separate periods may be taken wholly or partly in advance before the employee has become entitled to such holiday.

The annual holiday shall be given by the employer and shall be taken by the employee before the expiration of 6 months after the date upon which the right to such holiday, accrues: but the giving and taking of the whole or anyseparate period of such holiday may, with the consent in writing of the Chief Labour Officer, be further postponed for a period to be specified by him in any case where he is of opinion that circumstances render such postponement necessary or desirable.

The employer shall determine the date on which the annual holiday shall commence and shall give to the employee not less than 14 days’ notice of such date.

Where the annual holiday or any part thereof has been taken before the right to such annual holiday has accrued, the right to a further annual holiday shall not commence to accrue until after the expiration of the period of 12 months in respect of which the annual holiday or part thereof has been so taken.

Where any public holiday occurs during any period of annual holiday taken by an employee under this section, the period of the holiday shall be increased by one day in respect of that public holiday.
Holidays with Pay Act §3(4)(5)(6)(7)(8)(9)

PUBLIC HOLIDAYS


Number and dates

New Year’s Day (01 January); Errol Barrow Day (21 January); Good Friday, Easter Monday, National Heroes Day (28 April), Labour Day (01 May); Whit Monday (June); Emancipation Day (01 August); Kadooment Day (First Monday in August); Independence Day (30 November); Christmas Day (25 December); Boxing Day (26 December).

Holidays that fall on a Sunday are observed the following Monday

Public Holidays Act First Schedule
Caribbean Community Secretariat CARICOM Law website

PART-TIME WORK

Relevant provisions on part-time work have not been identified.

NIGHT WORK


Criteria for night work

"Night work" means the work performed during the night which is the interval between nine o’clock in the evening of any one day and 7 o’clock in the morning of the next succeeding day.

No employer shall employ any person to work during the night in any industrial undertaking unless he obtains a certificate from the Chief Labour Officer for the purpose.

To this respect, the Chief Labour Officer shall, before issuing a certificate satisfy himself that
(a) adequate transportation is available for transporting employees to their place of work, and to their homes within a reasonable time after work;
(b) the employer has provided proper rest room facilities and facilities for eating meals at the place of employment; and
(c) adequate intervals for rest and meal-time are afforded those employees.

The aforementioned does not apply in a case of force majeure and in case of
(a) persons holding responsible positions of a managerial or technical nature;
(b) persons employed in health and welfare services who are not ordinarily engaged in manual work;
(c) undertakings in which only members of the same family are employed;
(d) persons employed in the sugar industry.
Employment (miscellaneus provisions) Act §3, §4(1),(2),§5,§6

Rest breaks

In order to employ workers at night, the employer shall obtain a certificate from the Chief Labour Officer stating that proper rest room facilities and facilities for eating meals at the place of employment are provided and that adequate intervals for rest and meal-time are afforded to the employees.
Employment (miscellaneus provisions) Act §4(1)(2)

Special categories


Young workers

In case of young workers, night means the period commencing at 6.00 p.m. of one day and ending at 7.00 a.m. of the following day.

To this respect, no young person shall be employed in any industrial undertaking during the night or in any work that by its nature or the circumstances under which it is done is likely to cause injury to his health, safety or morals.

For the purposes of apprenticeship or vocational training in a specified industry or undertaking that is required to be carried on continuously, the Minister may, after consultation with the workers’ and employers’ organisations concerned, authorise the employment, during the night, of young persons.
Employment (miscellaneus provisions) Act §7, §8(1)(2)

Domestic work

In the case of domestic workers, night work is the work performed in the interval between eight o’clock in the evening of any one day and six o’clock in the morning of the next succeeding day.
Domestic Employees Act §2

SHIFT WORK

Relevant provisions on shifts have not been identified.

ON-CALL WORK

Relevant provisions on on-call work have not been identified.

FLEXITIME

Relevant provisions on flexitime have not been identified.

CASUAL WORK

Relevant provisions on casual work have not been identified.

SHORT-TIME WORK/WORK-SHARING

Relevant provisions on short-time work have not been identified.

RIGHT TO CHANGE WORKING HOURS

Relevant provisions on right to change working hours have not been identified.

INFORMATION & CONSULTATION

Relevant provisions on information and consultation have not been identified.

Results generated on: 23rd April 2014 at 15:18:33.
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