Barbados

Legislation

Occupational training Act   Chapter 42.

CHAPTER 42

OCCUPATIONAL TRAINING

ARRANGEMENT OF SECTIONS

SECTlON

1. Short title.
2. Interpretation.
3. Establishment of National Training Board.
4. Functions of the Board.
5. Appointment of committees and functions thereof.
6. Additional functions of a committee.
7. Resources of Board.
8. Use of Resources.
9. Directions.
10. Conditions for payment of salaries, pensions, etc.
11. Accounts and audit.
12. Annual Report.
l2A. Contributions.
l2B. Collection of Contributions.
l2C. Recovery of training fund contribution.
l2D. Payment of training levy into Consolidated Fund.
13. Permission to employ apprentices and trainees.
14. Entitlement to enter into a contract of apprenticeship or training.
15. Medical examination.
16. Registration of contracts.
17. Transfer of contracts.
18. Partnerships.
19. Termination or extension of contracts.
20. Enticement of apprentices or trainees.
21. Probationary period.
22. Suspension of apprentice or trainee.
23. Record of employment.
24. Limitation in regard to method of payment and overtime.
25. Certificate.
26. Miscellaneous functions of Director.
27. Training Schemes.
28. Procedure respecting schemes.
29. Supervision of apprentices and trainees.
30. Appointment and powers of Inspector.
31. Prohibition <)f disclosure of information.
32. Existing contracts of apprenticeship and training.
33. Bankruptcy.
34. General penalty.
35. Regulations.
36. lnstitution of proceedings.
37. Application.
38. Exemption.

CHAPTER 42

OCCUPATIONAL TRAINING

An Act to provide for the training of 'persons for, or in, gainful employment in occupations in all branches of economic activity in Barbados.

[1st October, 1979]

1. This Act may be cited as the Occupational Training Act.

2. For the purposes of this Act,

"apprentice" or "trainee" means a person who enters into a contract of apprenticeship or training in an occupation in respect of which a scheme is in force with an employer for the purpose of receiving occupational training, for a period of not less than 3 years in the case of an apprentice or not more than 4 years in the case of a trainee, or such lesser period as the Board in either case, determines under section 26(2);

"Board" means the National Training Board established under section 3;

"committee" means a committee appointed by the Board under section 5;

"Director" means the Director of Training;

"employer" means a person who has entered into a contract of apprenticeship or training as employer with an apprentice or trainee, and includes the employer's agent, representative, foreman or manager who is placed in authority over the apprentice or trainee;

"inspector" means an inspector of occupational training;

"medical practitioner" has the meaning assigned to it by section 2 of the Medical Registration Act;,

"scheme" means a scheme formulated under section 27;

"training levy" or "levy" means the training levy imposed by section 12A (1).

Establishment of National Training Board. Cap. 1. First Schedule. 1980 - 5.

3. (1) There is established a Board to be known as the National Training Board, which is a body corporate to which section 21 of the, Interpretation Act applies.

    (2) The First Schedule applies to the constitution of the Board and otherwise in relation thereto.

Functions of the board

4. The functions of the Board are

1. to take such measures as it considers necessary for ensuring an adequate supply of trained manpower in occupations in all branches of economic activity in, Barbados;
2. to take such steps as it considers necessary for improving the quality and efficiency of occupational training for apprentices and trainees;
3. to institute, review and maintain a system of tests in respect of occupations, - and for granting certificates of efficiency to, and making reports on, persons who, submit themselves to such tests;
4. to protect and promote the welfare of apprentices and trainees;
5. to take such measures as it considers necessary for ensuring that employers or classes of employers share in the costs of. the apprenticeship or other occupational training;
6. to investigate, and where possible, settle any dispute or other matter arising out of a contract between an apprentice or a trainee and an employer that may be referred to @he Board; and
7. to perform such other functions relating to apprenticeship and other training as may be prescribed.

Appointment of committees and functions thereof

5. (1) The Board may appoint committees to perform, in relation to occupational training,

(a) such of its functions as it delegates in writing; and

(b) such other functions as are specified in section 6.

  (2) The Second Schedule applies to the constitution of committees and otherwise in relation thereto.

Additional functions of a committee

6. The additional functions of a committee in respect of the occupation to which it relates are:

1. to undertake research or assist persons in undertaking research into matters relating to occupational training;
2. to advise the Board on all aspects of occupational training;
3. to advise the Board on the training facilities to be provided at institutions for persons employed or seeking training in any occupation;
4. to advise on or make arrangements for giving selection criteria in respect of persons wishing to be employed as apprentices or trainees;
5. to apply or make arrangements for tests and other methods of ascertaining the standards of efficiency to be recommended by the committee for apprentices or trainees; and
6. to recommend the form and terms of contracts that are to be entered into by apprentices and trainees.

Resources of Board 1987- 27

7. The resources of the Board are:

1. moneys voted by Parliament for the purposes of the Board, and
2. any other moneys, whether from gifts or otherwise, provided for the purposes of the Board.

Use of resources 1987-27

8. The Board may use its resources for

(a) meeting its obligations,

(b) performing its functions, and

(c) doing anything incidental to paragraphs (a) and (b).

Directions 1987- 27

9. The Minister may give directions of a general or specific nature to the Board.

Conditions for payment of salaries, pensions, etc.

10. The Board shall not without the prior approval of the Minister

1. assign a salary in excess of such sum as the Minister determines and notifies in writing to the Board in respect of any office established by the Board;
2. appoint any person to a post on the staff of the Board to which a salary in excess of the sum determined by the Minister under paragraph (a) is assigned; or
3. make provision for the payment of pensions, gratuities or other like benefits to officers or employees of the Board in respect of services to the Board.

Accounts and audit.  1987- 27

11. (1) The Board shall keep proper accounts of its financial transactions in relation to the administration of its resources in accordance with the directions of the Auditor General or any auditor appointed under subsection (2) for the purpose. of auditing such accounts and shall prepare a statement of accounts in respect of each financial Year.

      (2) The Board shall, within 3 months after the end of each financial year, submit its account for audit to the Auditor General or to an auditor appointed for the purpose by the Board with the approval of the Minister.

      (3) The Auditor-General shall on the direction of Cabinet, carry out at any time, an investigation into, or audit of, such accounts.

      (4) The Board and all other persons concerned with the keeping of its accounts shall grant to the Auditor-General or other auditor appointed to audit the accounts of the Board under subsection (2) access to all books, documents, cash and securities relating to those accounts and shall give him on request all such information as may be within their knowledge in relation to the financial transactions of the Board.

Annual report 1987-27

12. (1) The Board shall, not later than 6 months after the end of the financial year, submit to the Minister a report containing

1. an account of its activities throughout the preceding financial year in such detail as the Minister directs; and
2. a statement of the accounts of the Board for that financial year audited in accordance with section I 1.

    (2) A copy of the statement together with a copy of the auditor's report shall be printed and laid before both Houses of Parliament and published in the Official Gazette.

Contributions

12A. (1) There is chargeable on the insurable earnings of every person gainfully employed in Barbados, whether self-employed or not, and on the insurable wage bill of every employer a contribution to be known as a "training levy" which shall be paid in the manner and at the rates specified in subsections (2) and (3).

         (2) An employer who, in respect of a contribution week beginning on or after 6th July, 1981 is liable to pay an employer's contribution under section 15(1) of the National Insurance and Social Security Act in respect of persons employed by him shall pay the training levy at the rate of half of one per cent of the insurable wage bill.

        (3) The rate at which the training levy is payable

(a) in the case of an employee is half of one per cent; and

(b) in the case of a self-employed person, half of one percent.

         (4) The Minister responsible for finance may by order amend the rates specified in subsections (2) and (3).

         (5) All contributions payable under this section shall be paid to the National Insurance Board established by section 3 of the National -Insurance and Social Security Act.

         (6) For the purposes of this section "insurable earnings" means earnings on which the rates of national insurance contributions are based as described in regulation 14 of the National Insurance and Social Security (Collection of Contributions) Regulations, 1967.

Collection of contributions 1987-27

12B. (1) Subject to subsections (3) to (5), the National Insurance and Social Security Act has effect, for the purposes of that Act and for the purposes of " Act in respect of an employer who is liable to pay a training levy in respect of an employee for a contribution week as if

1. the training levy and the contribution payable under section 15(1) of that Act for that week in respect of the employee constituted one combined contribution payable in respect of that employee for that week, and
2. the combined contribution referred to in paragraph (a) were payable into the National Insurance Fund; and in that Act reference to contribution shall be construed accordingly.

Cap.47   (2) Subject to regulations made under the National Insurance and Social Security Act, after 6th July, 1981, subsection (1) applies in relation to regulations made, whether before or after that date, under any provision of that Act to which that subsection applies as it applies in relation to that provision.

Cap. 47  (3) The provisions of section 30 of the National Insurance and Social Security Act relating to the payment of contributions into the National Insurance Fund do not apply to subsection (1).

Cap. 47  (4) Subsection s (1) and (2) do not

1. affect the rate of any contribution under section 15(1) of the National Insurance and Social Security Act, and
2. exempt an employer who pays or is liable to pay an employer's contribution under the National Insurance and Social Security Act, or confer any power to exempt such an employer from liability to pay training levy, or
3. confer any power to modify the rate of training levy in relation to any class of persons.

             (5) Notwithstanding subsections (1) to (4), where a person has paid in error

(a) a contribution under the National Insurance and Social Security Act,

(b) a training levy, and he or any other person has received a benefit under that Act, that, under that Act or regulations made thereunder, may be deducted from the contribution paid in error under that Act, nothing in that Act or those regulations ~ be construed as authorising the benefit to be deducted from the training levy paid in error.

Recovery of training fund contribution. 1987-27

12C. Section 43 of the National Insurance and Social Security Act applies mutatis mutandis to this Act as it applies to that Act.

Payment of training levy into Consolidated Fund 1987-27

12D. All proceeds of the training levy collected by the National Insurance Board shall be paid into the Consolidated Fund.

Permission to employ apprendices and trainees 1987-27

13. (1) A person wishing to employ another person as an apprentice or trainee shall apply to the Director.

     (2) In granting an application under subsection (1), the Director must specify the maximum number of apprentices or trainees who may be employed at any one time by the applicant.

     (3) The Director may not grant an application under this section unless he is satisfied that the applicant's establishment offers reasonable opportunities for the proper training of the number of persons proposed to be employed by him as apprentices or trainees.

     (4) A person who is aggrieved by the decision of the Director under this section may appeal to the Board whose decision is final.

    (5) A person who fails to comply with subsection (1) is guilty of an offence.

Entitlement to enter into a contract of apprenticeship or training 1982-9

14. (1) Subject to subsection (2), a person who

1. is 16 years or over;
2. has completed a period of education required by law;
   
   
   1. has, in the case of an occupation in respect of which a scheme is in force, the qualifications prescribed by that scheme; and
   2. is certified to be fit in accordance with section 15, is entitled to enter into a contract or apprenticeship or training in any occupation.

      (2) A minor may not enter into a contract of apprenticeship or training except he first obtains the consent of his parent or guardian parent or guardian, or, if there is no parent or guardian, the consent of the Chief Labour Officer.

      (3) A minor who enters into a contract of apprenticeship or training is bound by the contract so long as it exists, even after he reaches the age of majority.

Medical examination

15. An employer shall, before employing an apprentice or trainee who is under 18 years of age, obtain from the apprentice or trainee a medical practitioner, that the apprentice or trainee is fit to be employed in the occupation in which he seeks apprenticeship or training.

Registration of contracts

16. (1) Every contract of apprenticeship or training made after lst October, 1979, must be in the prescribed form.

     (2) An employer who enters into a contract of apprenticeship or training with any person shall, within 28 days   thereafter lodge for registration with the Director in such manner as ma be prescribed

(a) the contract of apprenticeship or training and 2 copie thereof; and

(b) the medical certificate obtained under section 15.

    (3) An employer who fails to comply with subsection (2) is guilty of an offence.

    (4) A contract of apprenticeship or training made after lst October, 1979, is not binding until it is registered by the Director.

    (5) The Director may refuse to register a contract of apprenticeship or training if, in his opinion,

1. it is not in the interest of the apprentice or trainee thereunder; or
2. it is not made in accordance with a scheme.

    (6) In coming to a decision under subsection (5), the Director must, in addition to any other matter, have regard to the prospects of the apprentice or trainee obtaining employment at the expiration of the contract in the occupation in which he seeks to be trained.

    (7) Where the Director refuses to register a contract of apprenticeship or training under subsection (5), he must, within a period of 14 days after so refusing, communicate his refusal in writing to the employer and the apprentice or trainee.

    (8) In every case where the Director registers a contract under this Act, he must

1. endorse on the contract and on the 2 copies thereof the particulars of registration and return the contract and one copy to the employer; and
2. file the third copy.

     (9) The employer shall give a copy of the contract to the apprentice or trainee.

    (10) A person who is aggrieved by the refusal of the Director to register a contract may, within 30 days from the date on which the decision of the Director is communicated to him, appeal to the Board, and the decision of the Board is final.

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