Extracts of Commonwealth Caribbean Legislation

• Pages: 389-440

CHAPTER 11

EXTRACTS OF COMMONWEALTH

CARIBBEAN LEGISLATION

DEFINITION OF WORKER

Antigua and Barbuda

Labour Code

Section A5 Interpretation

‘employee’ means any person who enters into or works under or stands ready to enter into or

work under, a contract with an employer, personally to perform any services or labour,

whether the contract be oral or written, expressed or implied; and the term includes a person

whose services or labour have been interrupted by a suspension of work during a period of

leave, temporary layoff, strike, or lockout, as well as an apprentice whose services or labour

may be designed primarily to train such apprentice; but the term does not include established

employees of the Government.

Grenada

Employment Act

Section 2 Interpretation

‘dependent contractor’ means a person, hereinafter referred to as ‘the employee,’ whether or

not employed under a contract of employment, who performs work or service for another

person for compensation or reward on such terms and conditions that the employee is, in rela-

tion to that person, in a position of economic dependence on, and under an obligation to

perform duties for that person most closely resembling the relationship of employee than that

of an independent contractor;

‘employee’ means a person who offers his services under a contract of employment and

includes a dependent contractor and, where appropriate, a former employee.

Jamaica

Labour Relations and Industrial Disputes Act

Section 2 Interpretation

‘worker’ means an individual who has entered into or works or normally works (or where the

employment has ceased, worked) under a contract, however described, in circumstances where

that individual works under the direction, supervision and control of the employer regarding

hours of work, nature of work, management of discipline and such other conditions as are

similar to those which apply to an employee.

390 Commonwealth Caribbean Employment and Labour Law

St. Lucia

Labour Code

Section 2 Interpretation

‘employee’ means a person who offers his or her services under a contract of employment,

whether written, oral or implied, including a managerial employee, a dependent contractor,

an apprentice, a part-time employee, a casual worker, a homeworker, a temporary worker, a

seasonal employee and a person who is remunerated by commission where that person is not

an independent contractor and where appropriate, a former employee.

Trinidad and Tobago

Industrial Relations Act

Section 2 Interpretation

‘worker’, subject to subsection (3), means–

(a) any person who has entered into or works under a contract with an employer to do any

skilled, unskilled, manual, technical, clerical or other work for hire or reward, whether the

contract is expressed or implied, oral or in writing, or partly oral and partly in writing, and

whether it is a contract of service or apprenticeship or a contract personally to execute any

work or labour;

(b) any person who by any trade usage or custom or as a result of any established pattern of

employment or recruitment of labour in any business or industry is usually employed or

usually offers himself for and accepts employment accordingly; or

(c) any person who provides services or performs duties for an employer under a labour only

contract, within the meaning of subsection (4)(b);

and includes

(d) any such person who–

(i) has been dismissed, discharged, retrenched, refused employment, or not employed,

whether or not in connection or in consequence of, a dispute; or

(ii) whose dismissal, discharge, retrenchment or refusal of employment has led to a dis-

pute; or

(e) any such person who has ceased to work as a result of a lockout or of a strike, whether or

not in contravention of Part 5,as the case may be.

[…]

2. (3) For the purposes of this Act, no person shall be regarded as a worker, if he is–

(a) a public offi cer, as defi ned by section 3 of the Constitution;

(b) a member of the Defence Force or any ancillary force or service thereof, or of the Police,

Fire or Prison Service or of the Police Service of any Municipality, or a person who is

employed as a rural constable or estate constable;

(c) a member of the Teaching Service as defi ned in the Education Act, or is employed in a

teaching capacity by a university or other institution of higher learning;

(d) a member of the staff and an employee of the Central Bank established under the Central

Bank Act;

Chapter 11: Extracts of Commonwealth Caribbean Legislation 391

(e) a person who, in the opinion of the Board–

(i) is responsible for the formulation of policy in any undertaking or business or the effec-

tive control of the whole or any department of any undertaking or business; or

(ii) has an effective voice in the formulation of policy in any undertaking or business;

(f) employed in any capacity of a domestic nature, including that of a chauffeur, gardener or

handyman in or about a private dwelling house and paid by the householder;

(g) an apprentice within the meaning of the Industrial Training Act.

PARTICULARS OF THE EMPLOYMENT CONTRACT

Antigua and Barbuda

Labour Code

Section C5 Statement of Working Conditions

(1) Every person who employs another shall, within 10 days of such employment, furnish said

employee with a written statement which shall set forth–

(a) the general responsibilities and related duties for which the employee is being employed;

(b) the regular hours of work, and rest periods;

(c) the starting pay, and method of computing same;

(d) the term of employment, if other than indefi nite;

(e) the period of probation, if any;

(f) the employee's leave and vacation privileges; and

(g) his obligations, if any, imposed under section J 13.

(2) With respect to persons currently employed on the effective date of this provision, each

employer shall, within ten days after such effective date, furnish each of said persons with

a written statement which shall set forth–

(a) the general responsibilities and related duties for which the employee is currently employed;

(b) the regular hours of work, and rest periods;

(c) the current pay, and method of computing same;

(d) the remaining term of employment, if other than indefi nite;

(e) the remaining period of probation, if any; and

(f) the employee's leave and vacation privileges.

Barbados

Employment Rights Act

Section 13 Statement of employment particulars

(1) Where a contract of employment is contemplated, the employer shall, prior to or forthwith

upon commencement, give the employee a written statement of particulars of the employment.

(2) The statement shall contain–

(a) the name of the employee and the name and address of the employer;

(b) the date when the employment begins or began as the case may be;

(c) the date on which the period of continuous employment begins or began, as the case

may be taking into account any employment with a previous employer which counts

towards that period;