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EMPLOYMENT ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Interpretation.

   2.   Appointment of authorised officers.

   3.   Returns, etc.

   4.   Powers of authorised officers.

   5.   Officer committed to secrecy.

   6.   Application of the Act.

   7.   Recruiting.

   8.   Recruiting of head of family not to include recruiting of members of that family.

PART II
CONTRACTS OF SERVICE.

   9.   Contracts of service.

   10.   Employment cards.

   11.   Contract to be in writing.

   12.   Contents of contract.

   13.   Security in foreign and domestic contracts of service.

   14.   Contracts to be attested.

   15.   Unattested contracts.

   16.   Medical examination.

   17.   Employer to provide work.

   18.   Change of employer.

   19.   Expiration of contract while on voyage.

   20.   Payments on expiration of contract.

   21.   Termination of contract.

   22.   Termination due to failure to fulfill contract.

   23.   Termination by agreement.

   24.   Probationary contracts.

   25.   Termination notice.

   26.   Form of notice.

   27.   Right to repatriation.

   28.   Exemption from repatriation.

   29.   Employer to provide transport.

PART III
PROTECTION OF WAGES.

   30.   Wages to be in local currency.

   31.   Other form of wages.

   32.   Deductions.

   33.   Authorised deductions.

   34.   Paying wages to another person.

   35.   Freedom to spend wages anywhere.

   36.   When wages are due.

   37.   Attachment of property, priority of employee's claims.

   38.   Inability to pay.

PART IV
HOURS OF WORK, REST AND HOLIDAYS.

   39.   Hours of work.

   40.   Normal hours not to apply in time of emergency.

   41.   Weekly hours may be exceeded.

   42.   Weekly rest.

   43.   Holidays.

   44.   When holidays may be taken.

   45.   No agreement to forego holidays.

PART V
EMPLOYMENT OF WOMEN.

   46.   Underground work for women.

   47.   Maternity leave.

   48.   No dismissal during maternity leave.

   49.   Women may work underground.

PART VI
EMPLOYMENT OF YOUNG PERSONS.

   50.   No contract with persons under the age of 18 years.

   51.   Employment of children.

   52.   Employment of children in underground work.

   53.   Night duty in industry.

   54.   Meaning of "night".

   55.   Unsuitable employment.

   56.   Register of young persons employed.

   57.   Proof of age.

 

PART VII
CARE OF EMPLOYEES.

   58.   Illness of employee.

   59.   Illness of employee caused by misconduct.

   60.   Death of employee.

   61.   Vacancies to be notified.

PART VIII
MISCELLANEOUS.

   62.   Appointment of personnel officer.

   63.   Offences and penalties.

   64.   Fine may be paid to the complainant.

   65.   Costs of witnesses, etc.

   66.   Regulations.

 

      Schedule   Employment for which medical examination is required.

 

CHAPTER 219
EMPLOYMENT ACT.

Commencement: 1 July, 1977.

   An Act to regulate employment and for other matters connected therewith.

 

PART I
PRELIMINARY.

 

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "apprentice" means a person serving under a contract of apprenticeship made in accordance with the Industrial Training Act;

   (b)   "authorised officer" means the commissioner and any other person appointed by the Minister under section 2;

   (c)   "commissioner" means the labour commissioner and includes the deputy labour commissioner and the assistant labour commissioner;

   (d)   "confinement", in relation to maternity leave, means childbirth;

   (e)   "contract of service" means any contract whether oral or in writing, whether expressed or implied, to employ or to serve as an employee for any period of time, and includes any contract of apprenticeship;

   (f)   "court" means the High Court or a magistrate's court;

   (g)   "domestic servant" means any person employed in or about a private residence, or lodging house, or hotel, either wholly or partly, as cook, house servant, waiter, butler, nurse, valet, barman, footman, chauffeur, washerman, gardener, groom or watchman;

   (h)   "employee" means any person employed for wages and includes an apprentice and a domestic servant;

   (i)   "employer" means any person, company, firm, or corporation, that has entered into a contract of service to employ any other person, and the agent, foreman, manager or factor of that employer, and where a person has entered into a contract of service with the Government, or with any officer on behalf of the Government, the Government officer under whom that person is working shall be deemed to be his or her employer;

   (j)   "family" has the same meaning as assigned to "dependent relative" in the Succession Act;

   (k)   "hours of work" means the time during which an employee is at the disposal of the employer, exclusive of any intervals allowed for rest and meals;

   (l)   "industrial undertaking" includes—

      (i)   mines, factories, reduction mills and other works for the winning, treatment or extraction of minerals from the earth, sea, rivers or inland waters;

      (ii)   industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed including shipbuilding, and the generation, transformation and transmission of electricity or motive power of any kind;

      (iii)   the construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, deck, pier, canal, inland waterway, road, tunnel bridge, dam, viaduct, sewer, drain, well, telegraphic or telephonic installation, electrical undertaking, gas work, water work or other work of construction as well as the preparation for, or laying the foundations of, any such work or structure;

      (iv)   the transport of passengers or goods by air, road, rail or inland waterway, including the handling of goods at docks, quays, wharves, warehouses or airports but excluding transport by hand;

      (v)   any other type of undertaking other than an undertaking in which only members of the family of the owner or proprietor are employed, which may be prescribed;

   (m)   "manual work" means work other than work of a clerical nature;

   (n)   "medical practitioner" means any government medical officer or any registered medical practitioner;

   (o)   "mine" include s any place, excavation, or working on which, in which or by which any operation in connection with mining is carried on and any dwellings, outhouses, kitchens, stores and locations or other places used for the housing of employees or occupied by employees in connection with such mining operations;

   (p)   "Minister" means the Minister responsible for labour;

   (q)   "month" means a calendar month or the period commencing on any date after the first day of a calendar month and expiring on the day preceding the corresponding date of the succeeding calendar month;

   (r)   "parties" means the employer and employee under any contract of service;

   (s)   "personnel officer" means a person employed by an employer to supervise the welfare of his or her employees;

   (t)   "piece work" means any work the pay for which is estimated by the amount performed irrespective of the time occupied in its performance;

   (u)   "prescribed" means prescribed by regulations made under this Act;

   (v)   "recruiting" includes all operations undertaken by any person, company, firm or corporation with the object of obtaining or supplying the labour of persons who do not spontaneously and voluntarily offer their services at the place of employment or at a public employment office or at any office conducted by an employers organisation and supervised by public authority; but except when undertaken by persons engaged in professional recruiting, it shall not include the following classes of recruiting operations—

      (i)   operations undertaken by or on behalf of employers who do not employ more than a limited number of employees prescribed by the labour commissioner;

      (ii)   operations undertaken within a radius prescribed by the commissioner from the place of employment;

      (iii)   operations for the engagement of personal and domestic servants and non manual workers;

   (w)   "wages" means remuneration or earnings, however designated or calculated, capable of being expressed in terms of money, which are payable to an employee under a contract of service, and includes any bonus and any cost of living allowance paid to an employee by an employer;

   (x)   "young person", for the purposes of sections 55 and 56, means a person under the age of 18 years.

 

2.   Appointment of authorised officers.

   (1) Subject to the provisions of any written law relating to the appointment of persons in the public service, the Minister may appoint the labour commissioner and such other qualified officers as may be necessary for the purpose of this Act to be authorised officers.

   (2) The commissioner may, with the consent of the Minister in writing, delegate to any person the duties assigned to him or her either in respect of the country as a whole or in any part of the country in relation to any matter or thing provided for by this Act.

 

3.   Returns, etc.

   In addition to any other powers conferred upon him or her under this Act, the commissioner may, with the consent of the Minister, by notice in writing, require any employer to furnish, in writing, returns and statistics, relating to such matters and in such manner, as may be prescribed.

 

4.   Powers of authorised officers.

   (1) For the purpose of satisfying himself or herself that the provisions of this Act and of any regulations made under this Act are being duly observed, an authorised officer may at any reasonable time—

   (a)   enter, inspect or examine any land, building, camp, wharf, vessel, vehicle, or any place, structure or article whatsoever where or about which, as the case may be, any employee is housed or employed or where there is reason to believe that any employee is housed or employed;

   (b)   enter, inspect or examine any hospital, dispensary or any latrines or other sanitary arrangements used or intended to be used by employees in any place or building or any water supply available for the use of employees, and inquire or ascertain whether in any hospital, dispensary or place of employment suitable medicines and remedies are provided for the use or care of employees;

   (c)   inspect or examine any food, kitchen or place in which food for the use of employees is stored, prepared or eaten;

   (d)   take or remove for purposes of analysis samples of any material or substance used or handled in connection with any employment;

   (e)   require any employer to produce any of his or her employees or any document or record relating to the employment of any employee and examine, copy or make extracts from that document or record;

   (f)   interrogate alone or in the presence of witnesses, any employer or any employee on any matter concerning the application of this Act or apply for information to any other person whose evidence the authorised officer may consider necessary; or

   (g)   require any employer to display any notice as provided by law.

   (2) Every authorised officer shall carry with him or her, whenever he or she is visiting any place for the purposes of any inspection under this Act, his or her identification card which shall be in a prescribed form, and he or she shall present it for inspection to the employer or his or her representative if requested to do so.

   (3) Where an authorised officer intends to visit any premises or place where employees are employed or are to be employed, he or she shall first notify the employer or his or her representative of his or her intention to do so unless the authorised officer has reasonable grounds for believing that the notification may be prejudicial to the proper performance of his or her duties.

   (4) Any person who—

   (a)   directly or indirectly hinders or obstructs an authorised officer in the discharge of any duty under this Act;

   (b)   without reasonable cause fails to furnish any information or records or facilities which may be required of him or her by an authorised officer;

   (c)   wilfully gives any false informa

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