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Dominica - Minimum Wages - 2011


SOURCES


Name of Act

Labour Standards Act, Chapter 89:05 (Act No. 2 of 1977) of 31 March 1977, as amended up to Labour Standards(Minimum Wage)Order, 2008 (SRO No. 10 of 2008)
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Name of Act

Labour Contracts Act, Chapter 89:04 (Act No. 12 of 1983) of 16 June 1983, amended by 12 of 1990.

Other source used

Protection of Wages Act, 1961, Chap 89:07 (No.17 of 1961) of 23 November of 1961, as amended up to Act 1978 (no.31)

LEGAL DEFINITIONS


Employee/worker

Any person employed by an employer
Labour Standards Act, Chapter 89:05 §2

Employer

A person who employs one or more employees
Labour Standards Act, Chapter 89:05 §2

Minimum wage

Employer’s obligation in any occupation or category of paying wages to the employee at not less than the minimum rate.
Labour Standards Act, Chapter 89:05 §8

MINIMUM WAGE FIXING


Procedure


Procedure in general

The Minister may by Order fix a minimum rate of wage in respect of an occupation or category to be paid by employers to employees in that occupation or category.
Labour Standards Act, Chapter 89:05 §5(1)

Government decides after tripartite or bipartite body discussions/recommendations

Where the Minister considers it advisable, he may appoint an advisory board to consider the wages paid to employees in any occupation or category and to advise him of the minimum rate of wages that would be fair for employees in that occupation or category.

An advisory board shall consist of such number of members as the Minister considers appropriate, that should represents the employees and the employers who are directly concerned.
Labour Standards Act, Chapter 89:05 §6(1)(2)(3)

Coverage


Scope

The minimum wage rate differs among the different occupations.
Labour Standards Act, Chapter 89:05 Minimum Wage 2008. §2

Specific minimum wage rates


» Specific minimum wage by occupation

Yes
Labour Standards Act, Chapter 89:05 Minimum Wage 2008. §2

» Specific minimum wage by sector

Yes
Labour Standards Act, Chapter 89:05 Minimum Wage 2008. §2

» Minimum wage levels for specific categories of workers


» Domestic Workers

The minimum wage rate for domestic workers differs depending on the benefits of accomodation and food; with meals: $125.00 per week; without meals: $143.75 per week; living in: $142.50 per week.
Labour Standards Act, Chapter 89:05 Minimum wage 2008. Schedule

» Disabled

For the purpose of enabling a handicapped person to be gain fully employed, the Labour Commissioner may authorise the employment of the handicapped person at a wage lower than the minimum wage rate.
Labour Standards Act, Chapter 89:05 §7

Level


Minimum wage level(s) in national currency

The minimum wage rate for daily paid (factory and tourism) workers is fixed in $4.50 per hour.

The minimum wage rate for cashiers/recepcionists/sales persons is fixed in $5.50 per hour, for shop assistants in $4.50 per hour, and for agricultural and other unskilled workers in $4.00 per hour.

For trainees and youth, the minimum wage rate is fixed in $3.60 per hour.
Labour Standards Act, Chapter 89:05 Minimum Wage 2008. Schedule

Last minimum wage update

1 June 2008
Labour Standards Act, Chapter 89:05 Minimum Wage 2008. §4

In-kind allowances

No. Wages shall be paid in coin of the State or other legal currency and if any such contract the whole or any part of the wages is made payable in any other manner the contract shall be illegal, null and void.

Nevertheless, nothing shall render illegal an agreement or contract with a worker to provide food, a dwelling-place or other allowances or privileges in addition to money wages.
Protection of Wages Act, 1961, Chap 89:07 §3, 13

Rate of payment


» Hourly

Yes
Labour Standards Act, Chapter 89:05 §5(2)(c)

» Daily

Yes
Labour Standards Act, Chapter 89:05 §5(2)(b)

» Weekly

Yes
Labour Standards Act, Chapter 89:05 §5(2)(a)

Specific provisions

The employer shall observe and follow statutory restrictions on the method of payment of wages to the employee and shall pay the employee at the intervals agreed upon being intervals not exceeding one month in duration.
Labour Contracts Act, Chapter 89:04 §3(b)

Enforcement mechanisms


Labour inspection

To enforce the compliance of all labour standards under this law, the Minister may designate a person as an inspector that may carry out inspections, at any hour of the day or night, and in any place used in connection with a business.
Labour Standards Act, Chapter 89:05 §28(1)(2)(3)(4)(5)

Fines in national currency for non-respect of legislation

Any employer or his agent who contravenes any provision of the Protection of Wages Act is liable on summary conviction to a fine of $500 or for second or subsequent offence to a fine of $1000.
Protection of Wages Act, 1961, Chap 89:07 §15

Other penalties

Every employer who contravenes any provision regarding the labour inspection and or the obligation of keeping the records of the work performed in the last 24 months is liable on summary conviction to a fine of $75 for each day during which contravention continues.
Labour Standards Act, Chapter 89:05 §32

Results generated on: 25th October 2014 at 08:18:46.
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