No. 4 of 2010 VIRGIN ISLANDS LABOUR CODE, 2010 …

1 1 No. 4 of 2010 VIRGIN ISLANDS LABOUR CODE, 2010 ARRANGEMENT OF SECTIONS Section PRELIMINARY title and commencement. policy underlying the Code. of the Code. against Government as an employer. of working conditions above minimum standards in the Code. PART I ADMINISTRATION of administration. Commissioner. and responsibilities of Commissioner. of proceedings. to have powers of inspector. of LABOUR inspectors. and responsibilities of inspectors. of inspectors. of inspector in case of threat to safety or health. of premises where domestic servants are employed. of presence. and restrictions on inspectors. and returns. of employers. and penalties in relation to Commissioner and inspectors.

2 Of employer for agent, reports. of liability. 2 PART II SETTLEMENT OF DISPUTES for the settlement of disputes. by Minister. to Tribunal or Board of Inquiry. of Arbitration Tribunal and Appointment of Members. of Tribunal binding. of Board of Inquiry. of Tribunal and Board to summon witnesses and administer oaths. of Tribunal and Board to be obeyed. to obey summons of Tribunal or Board. and Board to regulate own proceedings. Ordinance not to apply. PART III ADVISORY COMMITTEES consultation. Committees. of Committee. of Orders. PART IV BASIC CONDITIONS OF EMPLOYMENT policy. with the Code generally. of employment contracts. of working conditions.

3 Period. periods and normal hours of work. intervals. pay. on overtime. where employee stopped or prevented from working full day or shift. for period of stand-by or being on call. 3 in respect of public holidays. for work on public holidays. of wages. to be paid to employee. of deductions. on attachment or seizure of wages. and place of wage payments. not to be required or coerced regarding manner of spending wages, or to use stores or services. leave rights generally. leave. leave pay. vacation leave pay to be paid. holidays, etc. not to affect vacation leave. agreement affecting vacation leave. leave pay upon termination of employment.

4 Leave. leave for periodic employees. leave pay and social security benefit. to maternity and paternity leave. period of leave. of maternity benefits. not to be given notice of dismissal while on maternity leave. leave for jury service and other purposes. and employee s right to recover. for not paying minimum basic wage rate. where person other than employer may be violator. PART V TERMINATION OF EMPLOYMENT, DISCIPLINARY ACTION, AND CONTINUITY OF EMPLOYMENT on termination of employment by employer. of unfair dismissal. dismissal. against unfair dismissal. of proof. for unfair dismissal. of employee entitled to age benefit under Social Security Ordinance.

5 Of employment contract within probationary period and short term contracts. 4 of employment contract with notice. periods. in lieu of notice. of remuneration and notice pay. up of employer s business, etc. of employer. of employment. of employment. of employees on change of ownership. of sale of business. to be informed of intended multiple terminations for reasons of redundancy. s notice of termination. dismissal for serious misconduct. action. for repeated misconduct, breach of contract or unsatisfactory performance. PART VI SEVERANCE PAYMENTS AND RETIREMENT BENEFITS of severance pay. of calculation of severance pay. to severance pay not to be affected by other payments.

6 Pay, when payable; temporary termination; payment of interest. in pay because of redundancy. on severance pay. of severance pay. benefits. PART VII EQUALITY OF TREATMENT IN EMPLOYMENT of discrimination . of discrimination. fide occupational qualifications. to VIRGIN Islander or Belonger. positive action. harassment. remuneration. 5 and employee organisations. to discriminate. of proof. of exceptions. and penalties under this Part. PART VIII PROTECTION OF CHILDREN AND YOUNG PERSONS of employment of children. of parent or guardian. on employment of young persons. to be kept. s vacation work programme for students. representation as to age.

7 PART IX HEALTH, SAFETY AND WELFARE of employers. of workplaces. assessment. and health policy and emergency plan. protective measures. clothing and devices. chemicals. protection for pregnant employees. of young persons on dangerous machines. of waste. and vibration. of persons employed. of deduction of wages. and Orders. and health representatives. workplace safety and health committees. and safety programme. powers of inspector. by employer. 6 of owner. and extensions. Non-exclusivity of provisions of this Part. offences. for specific offences. for offences for which no express penalty is provided. of court to order cause of contravention to be remedied.

8 For person actually committing offence for which operator is liable. where inspector or operator believes the offender to be other than operator. as evidence. Remedies. PART X WORK PERMITS against employment. for work permit and interim work permit. upon application for work permit. applicable to employees or self-employed persons. applicable to employers. statements in application, etc. policy on international migration for employment. relating to termination of employment. PART XI RECOGNITION OF BARGAINING AGENTS FOR BARGAINING UNITS PART XII MISCELLANEOUS upon referring dispute or complaint. upon prosecution. clauses in public contracts.

9 7 between the Code and any other law. Penalty. and savings. Amendment. SCHEDULE 8 No. 4 of 2010 LABOUR Code, 2010 VIRGIN ISLANDS I ASSENT DAVID PEAREY Governor 12th July, 2010 VIRGIN ISLANDS No. 4 of 2010 An Act to provide for the improvement of the administration of LABOUR , taking into account applicable international standards, prescribing minimum conditions of employment, a system for LABOUR administration, settlement of disputes and observance of LABOUR laws generally, and to provide for the repeal of the LABOUR Ordinance (Cap. 292), the LABOUR Code Ordinance (Cap. 293) and the Trade Disputes (Arbitration and Inquiry) Act (Cap.)

10 299) and for other connected matters. [Gazetted 16th July, 2010] ENACTED by the Legislature of the VIRGIN ISLANDS as follows: PRELIMINARY 1. This Act (referred to in this Act as the Code ) may be cited as the LABOUR Code 2010 and shall come into force on a date the Governor may, by Proclamation published in the Gazette, appoint. 2. The following expressions of national policy shall be used in interpreting the Code: (a) the increase in production and in purchasing power which will result from the application of paragraphs (b) to (s) will benefit the workers, the employers, the consumers and finally will advance the overall socio-economic level of the VIRGIN ISLANDS ; Short title and commencement.