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Bahamas - Minimum Wages - 2011


LAST UPDATE

7 October 2011

SOURCES


Name of Act

Minimum Wages Act,
An Act to make Provisions for Minimum Wages in Employments and for Connected Purposes, 2001 (Act No. 1 of 2002), Official Gazette, 21 January 2002, No. 1, pp. 1-10.

Other source used

Human Rights Report 2011 Bahamas, of the U.S. Department of State

LEGAL DEFINITIONS


Employee/worker

Means any person who has entered into or works under (or, in the case of a contract which has been terminated, worked under) a contract of employment, whether the contract is for manual labour, clerical work or otherwise and whether it is a contract of service or apprenticeship, and any reference to employment shall be construed accordingly.
Minimum Wages Act §2

Employer

In relation to an employee, means any person or undertaking, corporation, company, public authority or body of persons, [...] who or which employs any person to work under a contract of employment or uses the services of a commission agent or contract worker; and includes the heirs, successors and assigns of the employer.
Minimum Wages Act §2

Wage

"wages" includes every form of remuneration for work performed, but does not include tips, bonuses or other gratuities.
Minimum Wages Act §2

MINIMUM WAGE FIXING


Procedure


Government decides after consultation of the social partners

Statutory minimum wage rates are fixed by the government. Separate rates are established for workers employed by the week, the day or the hour. Prior to any increase in the minimum wage rates, consultation must take place with a representative confederation of employers and a representative association of registered trade unions.
Minimum Wages Act §4

Criteria

The legislation does not set forth the criteria to be followed when minimum wage rates are set or adjusted.

Coverage


Scope

Minimum wages apply to all employees in all types of employment in both the private and the public sector. The Minister of Labour has the discretion to exclude certain persons or sectors from the minimum wages provisions. Currently, no exclusion orders have been enacted.
Minimum Wages Act §3

Excluded categories


» Workers

Children and young persons are excluded.
Minimum Wages Act §3

Specific minimum wage rates


» Specific minimum wage by occupation

No

» Specific minimum wage by sector

No

» Specific minimum wage by region

No

» Minimum wage levels for specific categories of workers


» Trainees

Apprentices are covered by the general minimum wage.
Minimum Wages Act §2

Level


Minimum wage level(s) in national currency

The minimum wages shall be fixed as follows:
$BSD 4 per hour.
$BSD 30 per day.
$BSD 150 per week.
Minimum Wages Act §4

Last minimum wage update

21 January 2002
Minimum Wages Act

In-kind allowances

No. Wages are to be paid in the currency of the Bahamas; either in cash, draft or money order.
Minimum Wages Act §7

Rate of payment


» Hourly

Yes. The legislation provides rates of payment per hour.
Minimum Wages Act §4

» Daily

Yes. The legislation provides rates of payment per day.
Minimum Wages Act §4

» Weekly

Yes. The legislation provides rates of payment per week.
Minimum Wages Act §4

Scheduled frequency of adjustment

The legislation does not set forth how frequently the minimum wage rates should be adjusted.

Enforcement mechanisms


Labour inspection

Labour Officers may carry out inspections in order to verify that wage regulation orders are adhered to. This may involve measures such as verifying wage sheets and carrying out work-place inspections.
Minimum Wages Act §11

Fines in national currency for non-respect of legislation

An employer who fails to pay an employee the statutory minimum wage rate is liable to a fine of $BSD 5,000. In addition, the employer shall pay the employee the difference between the amount actually paid and the minimum wage rate.
Minimum Wages Act §5

Results generated on: 20th April 2014 at 20:26:23.
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