Labour Law (2011 Revision) - Cayman Islands …

1 Labour Law ( 2011 Revision) Supplement No. 5 published with Gazette No. 23 of 7th November, 2011 . Labour LAW ( 2011 Revision) Law 30 of 1987 consolidated with Laws 18 of 1989, 24 of 1993, 10 of 1995, 10 of 1999, 18 of 2000, 21 of 2006, 24 of 2010 and 9 of 2011 and with the Labour (Time Variation) Regulations, 1992. Revised under the authority of the Law Revision Law (1999 Revision). Originally enacted- Law 30 of 1987-9th December, 1987 Law 18 of 1989-21st November, 1989 Law 24 of 1993-24th September, 1993 Law 10 of 1995-15th September, 1995 Law 10 of 1999-23rd April, 1999 Law 18 of 2000-18th September, 2000 Law 21 of 2006-31st July, 2006 Law 24 of 2010-28th June, 2010 Law 9 of 2011 -23rd February, 2011 .

2 Originally made- Regulations 1992-1st September, 1992. Consolidated and revised this 31st day of July, 2011 . Note (not forming part of the Law): This revision replaces the 2007 Revision which should now be discarded. Labour Law ( 2011 Revision) 2 Labour Law ( 2011 Revision) Labour LAW ( 2011 Revision) ARRANGEMENT OF SECTIONS PART I - Introductory 1. Short title 2. Definitions 3. Application 4. Establishment of conditions above minimum standards 5. Conformity with the law 6. Statement of working conditions 7. Re-employment within thirty days of termination 8. Probation period 9. Termination: fixed term contract 10. Termination by notice: employer s notice 11.

3 Termination by notice: employee s notice 12. Statement upon termination PART II - Leave 13. Application of leave provisions 14. Vacation leave 15. Part-time employees 16. Public holiday pay 17. Sick leave 18. Sick leave pay 19. Maternity leave PART III - Remuneration and Hours of Work 20. National Minimum Basic Wage 21. Minimum Wage Advisory Committee 22. Penalty for not paying minimum wage 23. Rest period 24. Standard work week 25. Occasions for overtime pay 26. Overtime pay not necessary if parties agree to the contrary 27. Overtime pay 28. Form of wages 29. Deductions 3 Labour Law ( 2011 Revision) 30. Periods and time of wage payments 31.

4 Offences and employee s rights in respect of wages 32. Work accounts 33. Statement of wages PART IV - Gratuities 34. Definitions in this Part 35. Minimum gratuity may be prescribed 36. Employees entitled to gratuities may be prescribed 37. All gratuities to be distributed 38. Service employer to keep records 39. Notice of rate or amount of gratuity to be displayed PART V - Severance Pay 40. Right to severance pay generally 41. Computation of severance pay 42. Severance pay, when payable: temporary termination 43. Severance pay where employer s business transferred 44. Liability of predecessor and successor-employers 45. Record of hiring dates 46. Determination of disputes PART VI - Retirement/resignation Allowance 47.

5 Retirement/resignation allowance 48. Determination of disputes-retirement/resignation allowances PART VII - Unfair Dismissal 49. Unfair dismissal: general 50. Termination after fixed term of employment 51. Dismissal for good cause 52. Termination for misconduct 53. Termination for failure to perform duties in satisfactory manner 54. Initiation of proceedings 55. Remedies for unfair dismissal PART VIII - Health, Safety and Welfare at Work 56. General application 57. Registration of work places 58. General duty of employers 59. Health 4 Labour Law ( 2011 Revision) 60. Safety 61. Welfare 62. Special protective measures 63. Notification of accidents 64.

6 Duties of persons employed 65. Remedial notices 66. Offences against this Part 67. Responsibility for enforcement 68. Time for commencement of prosecution 69. Power of Grand Court to modify agreements and apportion expenses 70. Power to make regulations PART IX - Administration 71. Appointment of Director, Deputy Director and inspectors 72. Responsibilities of Director 73. Powers of Director, Deputy Director and inspectors 74. Labour Tribunals 75. Procedure to be followed on a complaint to Director 76. Enforcement of award of Labour Tribunal 77. Establishment of Appeals Tribunal 78. Appeals from decision of Labour Tribunal 79. Appeals to Grand Court PART X - General Penalties and Miscellaneous 80.

7 Discrimination because of race, etc. 80A. Worst forms of child Labour 81. Penalties 82. Specific offences 83. Special provisions as to evidence 84. Service and sending of documents 85. General regulation making powers 86. Directions 5 Labour Law ( 2011 Revision) 6 Labour Law ( 2011 Revision) Labour LAW ( 2011 Revision) PART I - Introductory 1. This Law may be cited as the Labour Law ( 2011 Revision). Short title 2. In this Law- Definitions Appeals Tribunal means the tribunal established under section 77; basic wage means the ordinary wage due to an employee under his contract of employment; casual employee means a person who is employed upon an irregular or intermittent basis; charitable organisation means one accepted and registered as such by the Director; Chief Officer means the chief officer in the Ministry responsible for Labour or his designate child means a juvenile under the age of fourteen years; complaint means a formal complaint made to the Director under section 46 or 54.

8 Conditions of service or conditions of employment refers to the elements of hire and termination of employment, to the remuneration, hours of work, duties and the surrounding terms of employment and to all other factors related to the employment arrangement; contract of employment means any agreement, understanding or arrangement whatever, whether written or oral, express or implied, whereby it is agreed between an employee and an employer that the employee will be employed under a contract of service; Court save where the context indicates otherwise, means the Summary Court; Director means the Director of Labour appointed under section 71(1); employee means any individual who enters into or works under or stands ready to enter into or work under a contract of employment with an employer whether the contract be oral or written, express or implied; and the term includes a person whose services have been interrupted by a suspension of work during a period of leave or temporary lay-off; 7 Labour Law ( 2011 Revision) employees of managerial level include persons who plan, organise, control, co-ordinate or direct the business of an employer or a part of such business.

9 Employees of professional level include persons who perform professional functions in the fields of physical and natural sciences, engineering, law, medicine, religion, education, literature, art, entertainment or sport; employer means any person who has entered into or stands ready to enter into a contract of employment with an employee, and includes any agent, representative or manager of such person who is placed in authority over an employee; Governor means Governor in Cabinet; gratuity means any money or other thing of value collected or received from a customer or client of any business which is in excess of the basic contractual liability of that customer and is, or is purported to be, collected or received in respect of the quality of service afforded to that customer and, without prejudice to the generality of the foregoing, includes any sum whether calculated on the basis of a fixed percentage or otherwise, levied on the amount charged to the customer of any hotel, condominium, restaurant, licensed premises or other place of entertainment, and expressed to be in respect of service.

10 Household domestic means a person employed in a private home as a maid or gardener; inspector means an inspector appointed under section 71; juvenile means a person under the age of seventeen years; maternity means childbirth; mental disability has the same meaning as in the Mental Health Law (1997 Revision); 1997 Revision Minister means the Minister charged with responsibility for this Law under section 9 of the Constitution; National Minimum Basic Wage means the current basic wage prescribed by the Governor under section 20; operator of a workplace means each and every person responsible for operating, managing or supervising a workplace, and includes any person with actual, apparent or ratified authority to act on behalf of that person; overtime pay has the meaning assigned to it by section 27; part-time employee is an employee whose contract of employment requires him to work less than the standard work week.