09-Personnel

Harbour House Towers Condominium Apartments (HHT)

ADMINISTRATIVE PROCEDURES BINDER

Procedure 09 – Human Resources – As of 2013-01-10

OBJECT

The object of this procedure is to:

State the HHT employment policy;
Define the different types of employment agreements in use at HHT: Full-Time Employee, Contract Employee and Self-Employed/Consultant position;
Define the responsibilities of the HHT Manager and the HHT Board of Directors (BOD) for the hiring and managing of the HHT personnel;
Provide employment agreement templates to be used when hiring/contracting;
Provide Job Descriptions defining the Duties and Responsibilities of typical positions at HHT, to be used when hiring and as a complement to the employment agreement.

POLICY

HHT will adhere to all laws and regulations concerning wages, facilities, work environment and other applicable conditions of the Employment Laws of the Commonwealth of The Bahamas, and more specifically with the “Employment Act 2001”.

DEFINITION

Full-Time Employee

For employees who have agreed to an employment contract and job description and are regularly employed 30 hours or more during the normal work week.
The duration of employment is not specific to a length of term in the employment contract.
HHT controls and mandates the terms and condition of employment and pay.
The employee can only be terminated for cause or by notice (with severance pay).
HHT is required to pay National Insurance on behalf of such employees when HHT is the employee’s primary employer.

Contract Employee

For employees who have agreed to an employment contract and job description and are regularly employed during the normal work week for a specific number of hours per week and for a specific term period of less than one year.
The employment contract term is usually for a period between six months to one year before it expires.
HHT controls and mandates the terms and condition of employment and pay.
HHT is required to pay National Insurance on behalf of such employees when HHT is the primary employer.
Upon the expiration of a specific term of employment under such contract, HHT at its sole discretion, can consider signing a new contract for another period of less than one year, however, there must be a minimum of three days to a week break between the expiration of the old contract and the beginning of the new contract period of less than one year.

Self-Employed or Consultant Positions

An independent contractor who provides a specific skill required for a particular job for a specific or limited period of time via an agreement such as a purchase order or service contract.
HHT does not control and mandates the terms and condition of employment and pay.
HHT is not required to pay National Insurance on behalf of contractor or consultant.

RESPONSIBILITIES

The HHT Manager and the HHT Board of Directors (BOD) are responsible for ensuring compliance with this policy.

PROCEDURE

Personnel Request

When the need arises for new personnel at HHT, the HHT Manager will prepare a written request to the HHT Board of Directors for the requisite personnel based on the type of employment agreement, the job description and the employment agreement templates provided within this Human Recourses procedure.
The BOD will consider the request based on need and the approved budget. The BOD will provide a written response to the Manager.
If approved by the BOD, the HHT Manager will advertise the position. The HHT Manager will screen the prospective candidates’ curriculum vitae and will make a recommendation to the BOD on the candidates to be interviewed by the Manager and a member of the BOD.

Selection

Before an offer of employment is made, the following steps must be completed:

A letter of approval must be on file from the BOD to hire the successful candidate.
A completed HHT employment application form must be on file for the applicant.
Work reference checks must have been completed and documented.
Background checks such as nationality, police certificate and National Insurance must be completed and documented as acceptable.
All applicants must demonstrate by way of a valid passport that they are a Bahamian citizen or a resident of the Commonwealth of The Bahamas with the right to work anywhere in the Bahamas.
A current job description for the position must be on file.

Offer of Employment

The HHT Manager will complete the appropriate employment agreement (Full-Time Employee, reserved for specific positions, or Contract Employee, used for most other
positions) as outlined herein, using the approved Employment Contract template (Appendix A or B). The approved Employment Contract templates outline: hire and termination dates, all benefits such as vacation, sick time, compensation, National Insurance obligations and general terms and condition of employment including breach of contract and reasons under which an employee can be terminated for cause or by notice.
The Manager and an officer of the BOD can sign the employment contract on behalf of HHT.
Once the offer is accepted by the new employee, the employee is required to surrender the following documents to HHT:
1. National Insurance Number
2. Bank account number
3. Personal & emergency contact information
4. In the case where a non-Bahamian is hired, the offer of employment must be contingent upon the approval of the work permit by the Bahamas Government. Only thereafter, can the employee begin work at HHT.

Job Descriptions

TITLE: HHT Manager

SUMMARY STATEMENT OF POSITION:

The Harbour House Towers Condominium Apartments (HHT) Manager reports to the HHT Board of Directors and is responsible for the daily management of the operations of HHT and enforcing the Bahamas Law of Property and Conveyancing (Condominium) Act 1965 (hereinafter called “the Act”), the HHT By-Laws, Rules and Regulations, and HHT Procedures, as well as the policies and procedures for its personnel. The HHT Manager is primarily a PERSONNEL MANAGER and an EVENT/TASK MANAGER and has responsibilities for the daily operations, maintenance and appearance of HHT. The Manager must maintain a harmonious relationship with owners, tenants and personnel.

DUTIES AND RESPONSIBILITIES:

Section: 1 Personnel Management:

Find, hire and properly manage quality HHT personnel and qualified and dependable outside contractors.

Ensure that HHT personnel have formal written and signed employment contracts and detailed signed job descriptions filed in each employee file along with all other employment related documentation.
Prepare and assign daily work schedules for each employee and contractor personnel.
Actively monitor, assist and coach throughout the day the work of each employee and contractor.
Prepare and apply directives for personnel: Ex.: Procedure for punch clock,…
Take immediate action to correct any employee or contractor inadequate work or behavior.
Conduct formal documented performance evaluations with each employee on a semi-annual basis.
Ensure that the security program is effectively implemented.

Section: 2 Planning & Documenting:

Plan ahead and acquire in a timely fashion the materials and tools required.
Read the guard log every day and take timely action when necessary.
Prepare directives for the good behavior of tenants, present them to the board, post them and take action to make sure they are followed…examples: Cart return, Trash disposal, Locker cleanliness, Breach of security, Dock cleanliness, Behavior of tenant with employees…
Keeps an updated and documented list of TO DO items (generated by the manager, daily events or assigned by the board).
Active follow-up with employees, contractors, suppliers, owners and board members to ensure timely accomplishment of responsibilities and meeting of deadlines.
Answer all employees, owners/renters, board members or other legitimate requests, verbal, by phone or email, in a timely fashion.
Produce and follow a calendar of repetitive events or tasks to ensure responsibilities are carried out as required.
Produces a daily event log documenting material events and accomplishments.
Prepare and keep a current computerized register of owners & tenants with backup documentation in each owner’s file.

Section: 3 Property Operations & Maintenance:

Walk the property every day, check proper operation of all systems and take timely action when required.
Prepare, document & teach HHT personnel the procedures to follow in case of breakage or down time.
Identify all items that are not up to par, get board members approval to get them fixed and get them fixed (Ex.: bad door, termites,…)
Implement a preventative maintenance program for essential equipment and keep appropriate spare parts.
Arrange to spray the public areas, office and apartments as per approved board assigned schedule.
Obtain signed contracts and proof of registration and ownership from all persons using space in the marina and invoice and collect the rental for dock space.
Ensure that the fire protection equipment is in good working order and arrange periodic testing by the fire department.

Section: 4 Financial:

Ensure proper financial controls in accordance with accepted accounting practices and HHT Procedures and Practices for all financial transactions.
Actively collect all maintenance, assessment and dock fees from owners and advise the board monthly of delinquent accounts while taking proper action for delinquent accounts in accordance with the HHT Procedures and Practices.
Ensure that the office clerk performs his/her assigned tasks properly and in a timely fashion.
Be up to date in operating the HHT financial software to be able to replace the office clerk when not available.
Ensure the financial data is kept up to date at all times.
Ensure that the required financial reporting for Board Meetings and to answer Board members requests is done in a timely fashion.
Ensure proper backups of all computerized HHT information are taken and securely filed on a regular basis not exceeding a week.
Ensure proper filing of all items in a timely fashion not exceeding a week.
Ensure the security of the office, the premises and HHT equipment & supplies at all times.
Assist the board in negotiating insurance rates.
Assist the board to prepare an estimated budget for the ensuing year.

Section: 5 Board of Directors & Annual General Meeting:

Actively participate in Board and AGM meetings.
Document and present at board meetings a list of actions taken and things accomplished since previous board meeting.
Document and present at board meetings a list of TO DO for the coming month and the approvals required.
Report delinquent accounts with actions taken and recommended actions to ensure collection.
Assist the Board in the annual budget preparation and the conduct of the AGM.
Carryout assignments from the board in a timely basis.
Answer all board members requests in a timely fashion.
Assists the board to prepare an annual maintenance plan with an estimate of the costs
Recommend to the board actions to improve financial, maintenance and security programs at HHT.
Ensure that the office clerk properly documents the meeting minutes

MINIMUM QUALIFICATIONS:

Education & Experience:

Position requires an Associated Degree in administration, finance or technical trade with a minimum of 3 years relevant experience.
Ability to effectively interact with all relevant persons internally and externally.
Must have good book-keeping and administrative skills background.
Must have good personnel management skills.
Must be computer literate in QuickBooks, the Microsoft Office Suite (Word, Power point, Excel etc.) software, and the Google Mail, Contacts and Calendar applications.

Special Remarks:

This person must be able to:

Coordinate, direct and manage the work of others.
Work well and cooperatively with others.
Be able to function well in an environment where priorities are changing frequently.
Initiate and develop new approaches to solving problems.
Carry out broadly defined objectives independently.
Plan, organize and utilize good time management.
Be capable of detail follow-through on all functions.
Communicate effectively both in the written and oral form.
Must be neat in appearance.

Key Measures of Results

Minimum down time of major systems: water, elevator, gate,
Minimum time to recover major systems: water, elevator, gate Minimum down time of major systems: water, elevator, gate
Minimum inconveniences to tenants
Appearance of the property: repaired and clean at all times
Optimum operation: Good employee work and behavior
Optimum operation: Good tenant behavior
Efficient use of outside contractors
Minimum board members involvement to resolve issues
Minimum number of complaints + Maximum number of praises
Reputation of the property in Freeport
Relative property value goes UP/DOWN

TITLE: Security Officer

SUMMARY STATEMENT OF POSITION:

The Security Officer reports directly to the Harbour House Towers (HHT) Manager and is responsible for the safety and protection of residents and visitors, and the HHT property and equipment. The Security Officer should welcome residents and visitors as they enter and leave the building, control access to the entire property by conducting patrols and screening of the front gate, stairwells and outer perimeter of the building, and addressing issues such as the emergency generator, pumps, gate motors and water tank, when required. The Security Officer must maintain a harmonious relationship with owners, tenants and personnel.

DUTIES AND RESPONSIBILITIES:

Performs the daily, weekly and monthly tasks based on the work schedule assigned by the HHT Manager.
Reports to work as scheduled to ensure proper shift relief handovers.
Provide quick assistance in emergency situation by calling the HHT Manager, police, fire department and/or ambulance, if and when required.
Report all incidents and events verbally and in writing to the HHT Manager which have security implications.
Interact with all residents / visitors in a professional manner.
Manage the distribution of tokens for the laundry.
Ensure that the generator, emergency lights and water pumps are functioning during power blackouts.
Perform routine patrol and check of property as per the security patrol schedule and punch in as required.
Secure and lock main entrances, court yard doors and any property or building access to ensure safety and security on the HHT building and grounds.
Check the elevators and ensure that they are functioning properly.
Report any damaged or out of service equipment.
Monitor the security camera, fire doors and alarms.
Must enforce all HHT rules, policies and procedures.

MINIMUM QUALIFICATIONS:

Education & Experience:

Must have 2-3 years of security experience.
Must be able to read write and operate a computer for reporting requirements.
Must have knowledge of operating specialized security equipment such as cameras, radios etc.
Must be physically capable to stay awake and alert during all his time on duty and capable to properly respond to any safety situation.

Special Remarks:

This person must be able to:

Work well and cooperatively with others.
Follow health and safety guidelines.
Be able to function well in an environment where priorities are changing frequently.
Plan, organize and utilize good time management.
Be capable of detail follow-through on all functions.
Communicate effectively both in the written and oral form.
Clean police certificate.
Must be able to work shift and flexible hours.
Must have a working knowledge of current HHT rules and policies and procedures.

TITLE: Housekeeper

SUMMARY STATEMENT OF POSITION:

The Housekeeper reports directly to the Harbour House Towers (HHT) Manager and is responsible for maintaining and cleaning the interior and external of the common areas at HHT. The Housekeeper must be aware of the safety requirements for each task to be performed and must use the applicable personal protective equipment at all times. The Housekeeper must maintain a harmonious relationship with owners, tenants and personnel.

DUTIES AND RESPONSIBILITIES:

Performs the daily, weekly and monthly housekeeping tasks in accordance with the work schedule assigned by the HHT Manager.
Sweep and mop the entrance lobbies area daily.
Cleans the elevators interior and exterior including doors, mirrors and floors daily.
Cleans glass doors and windows daily in the lobby area and on the floors weekly.
Cleans and air out the garbage collection rooms daily.
Empty the garbage containers as required.
Cleans laundry rooms daily including machines, tables and remove all garbage from rooms.
Clean tables and chairs around pool daily.
Clean owner’s lounge and both office areas.
Clean and remove debris from emergency stairwells monthly.
Sweep walkways and stairwells weekly and as required.
Clean common area bathrooms weekly – mopping floors and sanitizing fixtures.
In the parking area, sweep and remove any garbage when required. Advise manager when cleaning supplies are needed.
Maintain a clean and tidy work space/storage area.
Perform other housekeeping duties as required by the HHT Manager.
Report any signs of vandalism/breakage to the HHT Manager

MINIMUM QUALIFICATIONS:

Education & Experience:

Must be able to read and write.
Must have knowledge of safely operating specialized maintenance tools.
Must be able to properly use janitorial chemicals.

Special Remarks:

This person must be able to:

Work well and cooperatively with others.
Follow health and safety guidelines.
Be able to function well in an environment where priorities are changing frequently.
Plan, organize and utilize good time management.
Be capable of detail follow-through on all functions.
Communicate effectively both in the written and oral form.

TITLE: Maintenance Technician

SUMMARY STATEMENT OF POSITION:

The Maintenance Technician reports directly to the Harbour House Towers (HHT) Manager and is responsible for the maintenance of the building, the grounds, the pool and the dock at HHT. The Maintenance Technician must be aware of the safety requirements for each task to be performed and must use the applicable personal protective equipment at all times. The Maintenance Technician must maintain a harmonious relationship with owners, tenants and personnel.

DUTIES AND RESPONSIBILITIES:

Performs the daily, weekly and monthly tasks based on the work schedule assigned by the HHT Manager.
Varnishing/Painting of exterior doors and storeroom doors.
Cleaning of all walkways, pool deck and paths around the grounds.
Spray garbage chutes and rooms.
Checks unoccupied apartments with the HHT Manager for water leaks as required.
Watering of lawns as well as raking and removing all debris from lawns and assisting with pruning of trees as assigned by the HHT Manager.
Test and adjust pool chemistry and backwash as required. Skim the water, clean the strainer basket and apply chlorine. Vacuum as required keep tiles clean.
Daily cleaning of pool furniture, wiping tables surfaces and emptying all pool and dockside garbage containers.
Daily sweep debris on docks and wash dock surface down as required.
Ensure the safety of all HHT tools and maintain all tools and equipment in good working order.
Immediately report all malfunction of pool, hose leaks, faucet leaks and any other equipment to the HHT Manager.
Perform other maintenance duties as requested by HHT Manager.
Anticipate and determine amount of supplies needed for uninterrupted operation or maintenance and present request to manager for approval.
Assist manager in the supervision of the duties and work quality of the mason.

MINIMUM QUALIFICATIONS:

Education & Experience:

Must be able to read and write.
Must be handy and knowledgeable to adequately perform the tasks of his job description.
Must have knowledge of safely operating specialized maintenance tools.
Must be able to safely and properly use janitorial and pool chemicals.
Must know when and how to use safety equipment to ensure his owns safety and that of others.

Special Remarks:

This person must be able to:

Work well and cooperatively with others.
Follow health and safety guidelines.
Be able to function well in an environment where priorities are changing frequently.
Plan, organize and utilize good time management.
Be capable of detail follow-through on all functions.
Communicate effectively both in the written and oral form.

TITLE: Handyman

SUMMARY STATEMENT OF POSITION:

The Handyman reports directly to the Manager of Harbour House Towers (HHT) and is responsible for helping the Maintenance Technician maintain the building at HHT, in particular by reducing/eliminating cracks in the concrete and corrosion of steel and the general upkeep of the physical structure at HHT. The Handyman must be aware of the safety requirements for each task to be performed and must use the applicable personal protective equipment at all times. The Handyman must maintain a harmonious relationship with owners, tenants and personnel.

DUTIES AND RESPONSIBILITIES:

Performs the daily, weekly and monthly tasks based on the work schedule.
Performs maintenance duties as requested by the HHT manager to assist the maintenance technician with tasks such as pool maintenance and grounds keeping, when requested.
Performs repairs on cracks in the concrete on the building according to a priority list provided by the manager and makes assessment of work required as well as timing to perform the work.
Applies the correct application of materials to correct all cracks in the building according to a written procedure provided by the manager.
Ensure that building structural integrity is not compromised by removal of too much concrete from key support beams and columns. When in doubt ask.
Determine the amount of supplies needed to be ordered to keep the work flowing and report it to the manager in a timely fashion.
Properly erects scaffolding to accomplish tasks.
Wears safety harness and other personal protective equipment when appropriate and as required when dangerous.
Apply proper barriers to prevent falling concrete debris.
Install proper protective tarpaulin to protect the adjacent areas from being stained. Immediately clean spillage before it dries or stains.
Varnishing/Painting of building as part of corrective action.
Clean and remove unsightly water stains on the building before they become permanent.
Maintain all tools and equipment clean and in good working order.
Report any unsafe conditions or any unusual matter to the manager.

MINIMUM QUALIFICATIONS:

Education & Experience:

Must be able to read and write.
Must have knowledge of safely operating specialized maintenance tools.
Must have knowledge in construction material and applicable use.
Must have 2 to 3 years experience as a Handyman.

Special Remarks:

This person must be able to:

Work well and cooperatively with others.
Follow health and safety guidelines.
Be able to function well in an environment where priorities are changing frequently.
Plan, organize and utilize good time management.
Be capable of detail follow-through on all functions.
Communicate effectively both in the written and oral form.

Employment Contract Templates

HHT Manager – Employment Agreement Template

Harbour House Towers Condominium Apartments

P.O. Box F-42527

Freeport, Grand Bahama

Bahamas

Tel: (242) 373-1470

Date: (Date of the Agreement)

(Employee name)

(Street address)

Freeport, Grand Bahama

Bahamas

Dear (Employee name)

Reference: Harbour House Towers Condominium Apartment – Employee Contract (hereafter referred to as “Agreement”)

Harbour House Towers Condominium Apartments (hereinafter referred to as “HHT”) is pleased to confirm the terms and conditions of your employment as outlined herein. Your signature in the space provided at the end of this Agreement indicates your understanding and acceptance of these terms and conditions.

1. Start & Expiration Dates

Subject to the terms of this Agreement, your employment will commence on (First day of employment date).

2. Position

Your position will be Manager at HHT, and you shall perform such duties and services as assigned to you by the HHT Board members. You acknowledge that your employment is subject to all policies and practices of HHT as may currently exist or as may be curtailed, modified or implemented from time to time, and that all rules, procedures and conditions of employment must be strictly adhered to at all times. You will be reporting to the HHT Board of Directors’ President or his designated representative.

3. Salary

Your wages will be paid weekly, in the sum of (weekly amount), less your contributions to National Insurance (except where otherwise proven to be deducted by another employer) and any other authorized deductions.

4. Hours

Your employment under this Agreement covers from 8:30 AM to 5:00 PM, Monday through Friday, for a total of 40 hours per week.

The duties to be performed under this Agreement are of a managerial or supervisory nature. Accordingly, you will not be entitled to overtime pay as you are required to work the number of days and hours necessary to carry out your duties and responsibilities.

5. Probation Period

You shall serve a probationary period of 90 days duration. During the probationary period either you or HHT may terminate your employment without the giving of notice or any payment in lieu of notice.

6. Vacation

You will be eligible for paid leave each year during your employment with HHT, to be taken at such time as may be agreed with the HHT Board member you report to or his designated representative, and in accordance with the following scale:

1 year but less than 3 years – 10 days

3 years but less than 6 years – 15 days

6 years but less than 7 years – 16 days

7 years but less than 8 years – 17 days

8 years but less than 9 years – 18 days

9 years – 19 days

Over 9 years – 20 days

No payment shall be made in lieu of vacation not taken. Vacation must be taken in the year it accrues and as close to the employment anniversary date as possible. No vacation may be carried forward to the following year.

7. Termination

This Agreement may be terminated on the following basis:

(a) HHT reserves the right in its absolute discretion to pay you, in lieu of notice, an amount equivalent to four (4) weeks’ notice or four (4) weeks’ pay in lieu of such notice, in addition to four (4) weeks’ pay for every year of employment under this Agreement or pro rata thereof to a maximum of forty-eight weeks.

(b) Should you wish to resign your employment, you are required to give HHT four (4) weeks’ notice of such intent.

(c) HHT may terminate your employment under this Agreement without notice or payment in lieu of notice in the event of serious misconduct in the course of your duties, including but not limited to:

i. Violent acts committed on HHT’s premises;

ii. Conviction of any crime;

iii. Persistent tardiness;

iv. Being under the influence of alcohol or drugs;

v. Being party to or otherwise involved in the sale or purchase or attempted sale or purchase of drugs on HHT’s premises;

vi. Possession or use of drugs;

vii. Theft;

viii. Dishonesty;

ix. Breach of confidentiality;

x. Gross insubordination;

xi. Neglect of duty;

xii. Violation of control procedures established by HHT.

This list is not exhaustive of all acts or omissions which may constitute serious misconduct and therefore constitute a reason for summary dismissal. There may be other acts or omissions having that effect which could result in dismissal without notice or payment in lieu thereof.

(d) Minor Breaches of this Agreement.

You will be given a written warning in the event of a minor breach of known HHT Rules & Regulations including, but not limited to the following:

i. Absence without permission;

ii. Quarreling with other employees;

iii. Insubordination;

iv. Any breach by the employee of the HHT’s policies or regulations;

v. Unexcused/Unexplained tardiness;

vi. Single absence without permission;

vii. Failure to wear the appropriate uniform while on duty;

viii. Failure to maintain sanitary conditions in one’s immediate working area;

ix. Sullenness or failure to respond to reasonable statements, questions or requests from managers;

x. Justified complaint by an HHT Owner, Tenant, Guest or Visitor;

xi. Failure to conform with safety rules and regulations;

xii. Uncontrolled temper unbecoming of an employee, arguing with managers or supervisors;

xiii. Failure to report lost and found articles immediately;

xiv. Abuse or waste of tools, equipment, facilities, supplies, or goods of HHT;

xv. Littering or loitering;

xvi. Creating or contributing to unhealthy or unsanitary conditions;

xvii. Smoking in any Common area or in any apartment unit;

xviii. Speaking negatively about HHT, its employees, management or owners;

xix. Soliciting owners for tips, contributions or donations;

xx. Any behavior that has the effect or potential of bringing HHT, its employees, management or ownership into disrepute.

Warning notices shall be valid for a period of twelve (12) months. In the event you receive three (3) warnings in any twelve (12) month period, your employment under this Agreement may be deemed by the management to have been repudiated.

NOTE: For the purpose of investigating any of the breaches set out at sub-paragraphs “c” or “d” above, HHT reserves the right, in its absolute discretion, to suspend your employment with or without pay for a period of no more than seven (7) days.

(e) In the event of this Agreement being terminated, any benefits which you receive either under this Agreement or otherwise shall cease on the last day of the actual work.

8. Sick Leave

If you are ill and this causes you to be absent from work, you must inform the HHT Board member you report to or his designated representative, as soon as possible, on or before the first day of absence and indicate when you are likely to return.

Absences exceeding one day, due to sickness or injury sustained off the job must be substantiated by a medical certificate forwarded the HHT Board member you report to or his designated representative as soon as possible, and on a regular basis in the event of long term illness.

In the event of absence from work due to illness or injury, you will be eligible to receive one week sick leave pay after 6 months of employment (taking into consideration any payments which may be due to you under the industrial injury benefit payment by the National Insurance Board).

In the event of absence extending beyond such period due to long term illness or injury, the HHT Board can consider, at its discretion, whether to make any further payments on account of the illness or injury.

All payments of salary on account of sickness will be reduced by amount of benefit paid to you by the National Insurance Board.

9. Compassionate & Family Leave

In the unfortunate event of the death of a parent, parent-in-law, foster parent, spouse, grand parent, brother, sister, child, or foster child, you shall be entitled to three (3) days paid compassionate leave. You must advise the HHT Board member you report to or his designated representative of your desire to take such leave, and it must be approved, prior to taking such leave.

HHT may, upon request, consider additional leave of absence with or without pay, in its absolute discretion, after taking into account all aspects of the situation.

The granting of any leave of absence as stated herein does not prejudice HHT’s right to verify the relationship between yourself and the family member for which the leave may be requested.

10. Maternity Leave

Maternity will be granted in accordance with the provisions of The Employment Act, 2001. Maternity leave is eligible only where the employee has completed twelve (12) months of continuous employment up to the birth of the child, and has submitted a Certificate of Confinement. During maternity leave an expectant mother will be paid maternity pay amounting to twelve (12) weeks salary (less National Insurance Maternity Pay). This benefit may be used only once every three (3) years of continuous employment.

Maternity leave payment is calculated on the National Insurance Board paying 66.66% of the employee’s insurable wage up to $500.00. Upon receipt of such benefit, the employee is then to receive further maternity leave benefit from HHT in the amount of 40% of the insurable wages up to $500.00. In the event that the female employee is unable to return to work after the twelve (12) week period as a result of complication with the pregnancy and a licensed medical practitioner issues a certificate to that effect, then this benefit will be continued for a period to the limit not exceeding six (6) weeks in accordance with the requirements.

Upon a physician’s confirmation of pregnancy, the employee must notify HHT thereof by delivery of a Certificate of Confinement and complete a Maternity Consent to Work form. This form establishes the physician’s approval or disapproval of continued employment in the normal work environment and whether or not there are any job restrictions.

11. HHT Rules and Regulations

The employee must adhere at all time to the HHT current published Rules and Regulations. Amongst other provisions, these HHT Rules and Regulations stipulate that:

(a) It is forbidden for the HHT personnel to provide personal services to anyone, including HHT Residents (Owners, Tenants and Guests occupying a HHT Unit), for free or pay during their normal and overtime contract working hours. HHT personnel cannot accept pay or gratuities from anyone during their normal and overtime contract working hours. This does not prevent HHT personnel from providing a helping hand to HHT Residents as a gracious gesture.

(b) HHT personnel must avoid situations where they find themselves in conflict of interest.

12. Disclosure of Confidential Information

The employee shall not, either during the Service Period, otherwise than in the proper course of their duties, or thereafter, without the consent in writing of HHT being first obtained, divulge to any person, firm or institution the publication or disclosure of any confidential information which may have come or may come to their knowledge during their Service Period.

13. Delivery of documents and property

The employee shall upon request at any time and in any event upon the termination of this Agreement immediately deliver up to the HHT Board member you report to or his designated representative all keys, security passes, documents, records, papers, software storage media and all property of whatsoever nature which may be in their possession or control or relate in any way to the business affairs of HHT and the employee shall not, without the written consent of HHT, retain any copies thereof.

14. Prior Agreements

This Agreement is in substitution of all previous agreement of Service Period expressed or implied between HHT and the employee, which shall be deemed to be terminated by mutual consent as from the commencement date.

________________________________

For and on Behalf of HHT

President – HHT Board (Or designated Board member title)

(Board member’s name)

I have read the above terms and conditions of employment and confirm that I understand and agree to abide by all the terms and conditions as stated herein.

___________________________ __________________________

Employee Date

HHT Contract Employee – Employment Agreement Template

Harbour House Towers Condominium Apartments

P.O. Box F-42527

Freeport, Grand Bahama

Bahamas

Tel: (242) 373-1470

Date: (Date of the Agreement)

(Contract Employee name)

(Street address)

Freeport, Grand Bahama

Bahamas

Dear (Contract Employee name)

Reference: Harbour House Towers Condominium Apartment – Contract Employee Agreement (hereafter referred to as “Agreement”)

Harbour House Towers Condominium Apartments (hereinafter referred to as “HHT”) is pleased to confirm the terms and conditions of your employment as a HHT Contract Employee as outlined herein. Your signature in the space provided at the end of this Agreement indicates your understanding and acceptance of these terms and conditions.

1. Start & Expiration Dates

Subject to the terms of this Agreement, your employment as a HHT Contract Employee will commence on (Beginning date) and shall terminate on (End date – less than one year term) (hereinafter referred to as “Service Period”).

2. Position

Your position will be (Security Guard or Housekeeper or Maintenance Technician or Handyman,…) at HHT, and you shall perform such duties and services as assigned to you by the HHT Manager and HHT Board members. You acknowledge that your employment as a Contract Employee is subject to all policies and practices of HHT as may currently exist or as may be curtailed, modified or implemented from time to time, and that all rules, procedures and conditions of employment must be strictly adhered to at all times. You will be reporting to the HHT Manager.

3. Salary

Your wages will be paid weekly, in the sum of (weekly amount) or (hourly amount) per hour, less your contributions to National Insurance (except where otherwise proven to be deducted by another employer) and any other authorized deductions.

4. Hours

(For Security Guards only) Your employment under this Agreement covers 40 hours per week with two days off as fixed days based on the shift schedule.

(For maintenance and office Contract Employees only) Your employment under this Agreement covers from 8:00 AM to 5:00 PM, with an unpaid lunch hour, for a total of 40 hours per week. Your fixed days off shall be on Saturday and Sunday.

5. Overtime

In the event that you are required to work in excess of forty (40) hours per week, you will be paid at the rate of one and a half (1 ½) times your normal rate of pay for those hours worked, or, as provided by the Bahamas Employment Act.

6. Public Holiday & Fixed Days Off

In the event that you are required to work on any Public Holiday or on your fixed days off you will be paid twice your normal rate of pay for those hours worked. The public Holidays are the following and any additional days which may be declared a Public Holiday by the Government.

New Year Day Independence Day

Good Friday Emancipation Day

Easter Monday Discovery Day

Whit Monday Labour Day

Boxing Day Christmas Day

7. Probation Period

8. Vacation

You will be eligible for paid leave each year during your employment with HHT, to be taken at such time as may be agreed with the HHT Manager or the HHT Board, and in accordance with the following scale:

6 months but less than 1 year – 5 days (1 week)

1 year but less than 7 years – 10 days (2 weeks)

9. Termination

This Agreement may be terminated on the following basis:

(a) HHT reserves the right in its absolute discretion to pay you, in lieu of notice, an amount equivalent to two weeks’ notice.

(b) Should you wish to resign your employment, you are required to give HHT two (2) weeks’ notice of such intent.

(c) HHT may terminate your employment under this Agreement without notice or payment in lieu of notice in the event of serious misconduct in the course of your duties, including but not limited to:

i. Violent acts committed on HHT’s premises;

ii. Conviction of any crime;

iii. Persistent tardiness;

iv. Being under the influence of alcohol or drugs;

v. Being party to or otherwise involved in the sale or purchase or attempted sale or purchase of drugs on HHT’s premises;

vi. Possession or use of drugs;

vii. Theft;

viii. Dishonesty;

ix. Breach of confidentiality;

x. Gross insubordination;

xi. Neglect of duty;

xii. Violation of control procedures established by HHT.

(d) Minor Breaches of this Agreement.

You will be given a written warning in the event of a minor breach of known HHT Rules & Regulations including, but not limited to the following:

i. Absence without permission;

ii. Quarreling with other employees;

iii. Insubordination;

iv. Any breach by the Contract Employee of the HHT’s policies or regulations;

v. Unexcused/Unexplained tardiness;

vi. Single absence without permission;

vii. Failure to wear the appropriate uniform while on duty;

viii. Failure to maintain sanitary conditions in one’s immediate working area;

ix. Sullenness or failure to respond to reasonable statements, questions or requests from managers;

x. Justified complaint by an HHT Owner, Tenant, Guest or Visitor;

xi. Failure to conform with safety rules and regulations;

xii. Uncontrolled temper unbecoming of an employee, arguing with managers or supervisors;

xiii. Failure to report lost and found articles immediately;

xiv. Abuse or waste of tools, equipment, facilities, supplies, or goods of HHT;

xv. Littering or loitering;

xvi. Creating or contributing to unhealthy or unsanitary conditions;

xvii. Smoking in any Common area or in any apartment unit;

xviii. Speaking negatively about HHT, its employees, management or owners;

xix. Soliciting owners for tips, contributions or donations;

xx. Any behavior that has the effect or potential of bringing HHT, its employees, management or ownership into disrepute.

(e) In the event of this Agreement being terminated, any benefits which you receive either under this Agreement or otherwise shall cease on the last day of the actual work.

(f) At the expiration of this Agreement, HHT will pay all accrued benefits due to the Contract Employee as per this Agreement. There is no severance benefit entitlement at the expiration of this Agreement.

10. Sick Leave

If you are ill and this causes you to be absent from work, you must inform the HHT Manager, as soon as possible, on or before the first day of absence and indicate when you are likely to return.

Absences exceeding one day, due to sickness or injury sustained off the job must be substantiated by a medical certificate forwarded to the HHT Manager as soon as possible, and on a regular basis in the event of long term illness.

All payments of salary on account of sickness will be reduced by amount of benefit paid to you by the National Insurance Board.

11. Compassionate & Family Leave

In the unfortunate event of the death of a parent, parent-in-law, foster parent, spouse, grand parent, brother, sister, child, or foster child, you shall be entitled to three (3) days paid compassionate leave. You must advise the HHT Manager of your desire to take such leave, and it must be approved, prior to taking such leave.

HHT may, upon request, consider additional leave of absence with or without pay, in its absolute discretion, after taking into account all aspects of the situation.

The granting of any leave of absence as stated herein does not prejudice HHT’s right to verify the relationship between yourself and the family member for which the leave may be requested.

12. Maternity Leave

Maternity will be granted in accordance with the provisions of The Employment Act, 2001. Maternity leave is eligible only where the Contract Employee has completed twelve (12) months of continuous employment up to the birth of the child, and has submitted a Certificate of Confinement. During maternity leave an expectant mother will be paid maternity pay amounting to twelve (12) weeks salary (less National Insurance Maternity Pay). This benefit may be used only once every three (3) years of continuous employment.

Maternity leave payment is calculated on the National Insurance Board paying 66.66% of the Contract Employee’s insurable wage up to $500.00. Upon receipt of such benefit, the Contract Employee is then to receive further maternity leave benefit from HHT in the amount of 40% of the insurable wages up to $500.00. In the event that the female Contract Employee is unable to return to work after the twelve (12) week period as a result of complication with the pregnancy and a licensed medical practitioner issues a certificate to that effect, then this benefit will be continued for a period to the limit not exceeding six (6) weeks in accordance with the requirements.

Upon a physician’s confirmation of pregnancy, the Contract Employee must notify HHT thereof by delivery of a Certificate of Confinement and complete a Maternity Consent to Work form. This form establishes the physician’s approval or disapproval of continued employment in the normal work environment and whether or not there are any job restrictions.

13. HHT Rules and Regulations

The Contract Employee must adhere at all time to the HHT current published Rules and Regulations. Amongst other provisions, these HHT Rules and Regulations stipulate that:

(b) HHT personnel must avoid situations where they find themselves in conflict of interest.

14. Disclosure of Confidential Information

The Contract Employee shall not, either during the Service Period, otherwise than in the proper course of their duties, or thereafter, without the consent in writing of HHT being first obtained, divulge to any person, firm or institution the publication or disclosure of any confidential information which may have come or may come to their knowledge during their Service Period.

15. Delivery of documents and property

The Contract Employee shall upon request at any time and in any event upon the termination of this Agreement immediately deliver up to the HHT Manager or an HHT Board member all keys, security passes, documents, records, papers, software storage media and all property of whatsoever nature which may be in their possession or control or relate in any way to the business affairs of HHT and the Contract Employee shall not, without the written consent of HHT, retain any copies thereof.

16. Prior Agreements

This Agreement is in substitution of all previous agreement of Service Period expressed or implied between HHT and the Contract Employee, which shall be deemed to be terminated by mutual consent as from the commencement date.

At the expiration of this Agreement, at the sole discretion of HHT, a similar agreement, with similar same terms and conditions, can be signed by both parties for a Service Period of less than one year to be defined at that time.

_______________________________

For and on Behalf of HHT

HHT Manager

(Name of the HHT Manager)

________________________________

For and on Behalf of HHT

President – HHT Board (Or designated Board member title)

(Board member’s name)

I have read the above terms and conditions of this Contract Employee Agreement and

confirm that I understand and agree to abide by all the terms and conditions as stated

herein.

___________________________ __________________

Contract Employee Date

No. 73 of 2000

EMPLOYMENT ACT 2001

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1. Short title and commencement.

2. Interpretation.

3. Application of Act.

4. Saving of more favourable terms of employment.

5. Conditions of employment.

6. Non-discrimination and equal pay for equal work.

7. Disabled employees.

PART II – STANDARD HOURS OF WORK

8. Standard hours.

9. Day off.

10. Overtime pay.

PART III – SICK LEAVE

11. Sick leave.

PART IV – VACATION LEAVE

12. Annual vacation.

13. Vacation pay.

14. Commencement of vacation with pay.

15. Termination of employment during year.

PART V – MATERNITY AND FAMILY LEAVE

16. Definitions for Part V.

17. Grant of maternity leave.

18. Duration of maternity leave.

19. Additional leave.

20. Family leave.

21. Protection of employment.

22. Protection of seniority.

23. Contravention of sections21 and 22.

24. Power to order payment.

25. Application.

PART VI – REDUNDANCY PAYMENTS

26. Right to redundancy payment.

27. Meaning of redundancy.

28. Recovery of redundancy payments.

PART VII – TERMINATION OF EMPLOYMENT WITH NOTICE

29. Period of notice.

30. Provisions as to notices.

PART VIII – SUMMARY DISMISSAL

31. Summary dismissal.

32. Grounds for summary dismissal.

33. Proof of Misconduct.

PART IX – UNFAIR DISMISSAL

34. Right of employee.

35. Fairness of dismissal.

36. Dismissal relating to trade union membership.

37. Dismissal on ground of redundancy.

38. Dismissal on ground of pregnancy.

39. Dismissal of replacement employee.

40. Dismissal in connection with a lockout, strike or other industrial action.

41. Complaint.

42. Remedies for unfair dismissal.

43. Order for reinstatement or re-engagement.

44. Enforcement of order made under section 43 and compensation award.

45. Compensation for unfair dismissal.

46. Calculation of basic award.

47. Calculation of compensatory awards.

48. Limit on compensation.

PART X – CHILDREN AND YOUNG PERSONS

49. Definitions for Part X.

50. Prohibition of employment of a child.

51. Prohibition of employment during school hours.

52. Penalty for employment.

53. Liability of agent or employer.

54. False certificate or representation as to age.

55. Presumption of age.

56. Prohibition of employment on ships.

57. General prohibition of night work.

58. Exceptional circumstances.

59. Conditions in respect of young persons.

PART XI – WAGES

60. Wages to be paid in the currency of The Bahamas.

61. Register of wages.

62. Order for goods as a deduction from wages illegal.

63. Requirements relating to payment of wages.

64. Restrictions on deductions from wages of employees.

65. No contracts with employees as to spending wages at any particular shop, etc.

66. Penalty.

PART XII – FINGERPRINTING AND LIE DETECTOR TEST

67. Prohibition.

68. Exception.

69. Offence.

70. Return of records.

PART XIII – GENERAL PROVISIONS

71. Information and returns.

72. Change of ownership of business.

73. Pay statements.

74. Notice to furnish information.

75. Offences.

76. Additional powers of convicting court.

77. Savings.

78. Annual report.

79. Regulations.

80. Repeals and Amendments.

No. 73 of 2000

AN ACT TO ESTABLISH MINIMUM STANDARD HOURS OF WORKING AND VACATION WITH PAY FOR EMPLOYEES; TO PROVIDE FOR THE GRANT OF MATERNITY AND FAMILY LEAVE; TO PROVIDE FOR REDUNDANCY PAYMENTS TO EMPLOYEES; TO MAKE PROVISIONS RELATING TO NOTICES TO TERMINATE CONTRACTS OF EMPLOYMENT; TO MAKE PROVISIONS RELATING TO SUMMARY DISMISSAL AND UNFAIR DISMISSAL; TO MAKE PROVISIONS IN RESPECT OF THE EMPLOYMENT OF CHILDREN AND YOUNG PERSONS; TO MAKE PROVISIONS IN RESPECT OF THE
WAGES OF EMPLOYEES; TO MAKE PROVISIONS RELATING TO FINGERPRINTING AND LIE DETECTOR TESTS; AND FOR CONNECTED PURPOSES.

Enacted by the Parliament of The Bahamas

(Date of coming into force – 1st January 2002)

PART I – PRELIMINARY

Short title and commencement.

1.(1) This Act may be cited as the Employment Act, 2001.

(2) This Act shall come into operation on such day as the Minister may, by notice published in the gazette, appoint.

Interpretation.

2.(1) In this Act —

“basic pay” means the rate of pay of an employee exclusive of all bonuses, overtime payments and allowances;

“business” includes a trade or profession and any activity carried on by a body of persons, whether corporate or unincorporate;

“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing;

“day” means a period of twenty-four hours;

“employee” means any person who has entered into or works under (or, in the case of a contract which has been terminated, worked under) a contract of employment, whether the contract is for manual labour, clerical work or otherwise and whether it is a contract of service or apprenticeship, and any reference to employment shall be construed accordingly;

“employer”, in relation to an employee, means any person or undertaking, corporation, company, public authority or body of persons including –

(a) the owner of a business in which the employee is employed;

(b) any managing agent of an employer;

(c) in relation to a person engaged in plying for hire with any vehicle or vessel the use of which is obtained from the owner thereof under a contract of bailment (other than a hire-purchase agreement), the said owner;

(d) in relation to a person employed for the purposes of any game or recreation and engaged or paid through a club, the manager, or, where the club is managed by a committee, the members of the managing committee, of the club,

who or which employs any person to work under a contract of employment or uses the services of a commission agent or contract worker; and includes the heirs, successors and assigns of an employer;

“Minister” means the Minister responsible for Labour;

“redundancy” has the meaning assigned thereto by section 27;

“regulations” means regulations made under this Act and in the manner provided by this Act;

“remuneration” includes wages, benefits in kind and allowances;

“standard hours of work” means the hours of work described in subsection (1) of section 8;

“the Tribunal” means the Industrial Tribunal established under the Industrial Relations Act;

“wages” includes every form of remuneration for work performed, but does not include tips, bonuses, or other gratuities;

“week” means a period of seven days;

“work” means work in the course of employment; “year” means a period of fifty-two weeks.

(2) For the purposes of this Act, any two or more employers are to be treated as associated if they are “affiliated” as defined in section 2 of the Companies Act.

Application of Act.

3.(1) Subject to this Act, the provisions of this Act shall apply in relation to any employee employed in any form of employment in The Bahamas including any such employment by or under the Crown in right of the Government of The Bahamas or by a local government authority or by anybody corporate established by law for public purposes:

Provided that this Act shall not apply to service or employment, or to persons serving or employed, in a disciplined force and for this purpose “disciplined force” has the meaning given to that expression in paragraph (1) of Article 31 of the Constitution.

(2) The Minister may by Order after consultation with a confederation, being, in the opinion of the Minister, a confederation representative of a majority of employers and associations of employers generally and after consultation with an association of registered trade unions being an association in the opinion of the Minister representative of employees provide that any provision of this Act as are mentioned in the Order shall or shall not apply in relation to persons or employments of such classes as may be specified in the Order subject to such exceptions or modifications as may be so specified.

Saving of more favorable terms of employment.

4. The provisions of this Act shall have effect notwithstanding any other law and notwithstanding any contract of employment, arrangement or custom (being a contract of employment, arrangement or custom made or in being whether before or after the commencement of this Act) so, however, that nothing in this Act shall be construed as limiting or restricting –

(a) any greater rights or better benefits of any employee under any law, contract of employment, arrangement or custom;

(b) the right of any employee or trade union to negotiate on behalf of any such employee, any greater rights or better benefits, or

(c) an employer from conferring upon any employee rights or benefits, that are more favourable to an employee than the rights or benefits conferred by this Act.

Conditions of employment.

5.(1) A person employed after the commencement of this Act shall be informed by his employer as soon as practicable of the following particulars –

(a) the name of the employer or group of employers and where practicable of the undertaking and of the place of employment;

(b) the name of the employee, the place of engagement and where practicable the place of origin of the employee, and any other particulars necessary for his identification;

(d) where a person is engaged for a fixed period or in appropriate circumstances, the duration of the employment and the method of calculating the duration;

(e) the rate of wages and other benefits and method of calculation thereof, the manner and period of payment of wages and other benefits, the advances of wages and other benefits, if any, and the manner of repayment of any such advances;

(f) where any work is to be performed not by the piece but by time, the number of hours of daily work, and the hours of the day at which such work is to commence and to terminate.

Non-dis- crimination and equal pay for equal work.

6. No employer or person acting on behalf of an employer shall discriminate against an employee or applicant for employment on the basis of race, creed, sex, marital status, political opinion, age or HIV/Aids by –

(a) refusing to offer employment to an applicant for employment or not affording the employee access to opportunities for promotion, training or other benefits, or by dismissing or subjecting the employee to other detriment solely because of his or her race, creed, sex, marital Status, political opinion, age or HIV/Aids;

(b) paying him at a rate of pay less than the rate of pay of another employee, for substantially the same kind of work or for work of equal value performed in the same establishment, the performance of which requires substantially the same skill, effort and responsibility and which is performed under similar working conditions except where such payment is made pursuant to seniority, merit, earnings by quantity or quality of production or a differential based on any factor other than race, creed, sex, marital status, political opinion, age or lily/Aids;

Provided that this section does not affect any other law or contract term which stipulates a retirement age.

Disabled employees.

7. Section 6 shall apply mutatis mutandis to disabled employees unless the employer can show that the job requirements relied on as grounds for hiring the disabled person at a lesser rate of pay are reasonable or the disabled person cannot be accommodated without undue hardship.

PART II – STANDARD HOURS OF WORK

Standard hours.

8.(1) Except as otherwise provided by or under this Act, no employer shall cause or permit any employee to work in excess of eight hours in any day or forty hours in

any week (in this Part referred to as the “standard hours of work”) without the payment of overtime pay in respect of any such excess in accordance with section 10: Provided that the standard hours of work shall be-

(a) forty-four hours in any week for the period February 1, 2002 to February 1, 2003;

(b) forty hours in any week after February 1, 2003.

(2) Notwithstanding subsection (1), where by reason of the nature of any employment the hours of any employee for the purposes of such employment are required to be irregular, the standard hours of work in a day or week of any such employee may be calculated as an average over a period not exceeding four weeks.

(3) Notwithstanding subsection (1), in any industrial, construction,’ manufacturing or transshipment enterprise or in any essential service within the meaning of section 75 (2) of the Industrial Relations Act or law enforcement service the hours of employment of an employee for the purposes of such employment may exceed the standard hours of work in a day up to a maximum of twelve hours and the Minister may by Order include other enterprises or services within this subsection as he deems fit.

(4) This section shall not apply to a person who holds a supervisory or managerial position.

Day off.

9. In every seven-day period, an employer shall allow each employee at least forty-eight hours of rest with not less than twenty-four of such hours being consecutive and a period of twenty-four hours rest is in this Act referred to as a day off.

Overtime pay.

10. Where an employee is required or permitted to work in excess of the standard hours of work, he shall be paid in respect of such work at a rate of wages not less than –

(a) in the case of overtime work performed on any public holiday or day off, twice his regular rate of wages;

(b) in any other case, one and one-half times his regular rate of wages:

Provided that an employee in a tipped category in the tourism and hospitality industry shall be paid at his regular rate of pay other than in respect of his second day off in any week, and any wages paid or to be paid as required by this section are in this Act referred to as overtime pay.

PART III – SICK LEAVE

Sick leave.

11.(1) An employee who has been employed for at least six months is entitled to one week sick leave with pay in any year where he is prevented by illness from performing his duties at his place of work:

Provided that no employee shall be entitled to receive payment in respect of periods of sick leave which is only one day long nor to accumulate such leave from year to year.

(2) Every employee shall be required to produce to his employer a medical certificate except in respect of the first day’s sick leave for any period of sick leave:

Provided that notwithstanding the proviso in subsection (1) an employee shall be entitled to receive payment in respect of the first day’s sick leave where he presents a medical certificate to his employer.

(3) An employer may, on processing a claim for sick leave by an employee, require such employee to be examined by an independent physician and may refuse such leave if the physician is of the opinion that the employee is fit for work.

PART IV – VACATION LEAVE

Annual vacation.

12.(1) Every employer shall give a vacation of at least two weeks to each employee upon the completion of each twelve months of employment.

(2) The vacation given under subsection (1) shall be extended by one day for every public holiday that occurs during the vacation.

Vacation pay.

13.(1) An employer shall pay vacation pay to an employee entitled to a vacation under section 12.

(2) The vacation pay –

(a) in respect of an employee who has been employed for six months or more but under one year, shall be one week basic pay earned by the employee during the year of employment in respect of which he is entitled to the vacation;

(b) in respect of an employee who has been employed for one year or more but under seven years, shall be two weeks basic pay earned by the employee during the year of employment in respect of which he is entitled to the vacation;

(c) in respect of an employee who has been employed for seven years or more shall be three weeks basic pay earned by the employee during the year of employment in respect of which he is entitled to the vacation.

Commencement of vacation with pay.

14. The employer shall at least one day before the beginning of the vacation, or such earlier time as may be prescribed, pay to the employee the vacation pay to which he is entitled in respect of that vacation.

Termination of employment during year.

15.(1) Where the employment of any employee ends before the completion of a year of employment, the employer shall forthwith pay to the employee –

(a) vacation pay then owing to such employee under this Part in respect of any completed year of such employment; and

(b) subject to subsection (2), on a pro rata basis of the basic pay earned by the employee during the incompleted year.

(2) Notwithstanding paragraph (b) of subsection (1), an employer is not required to pay to an employee any amount under that paragraph unless the employee has been continuously employed by him for a period of ninety days or more.

PART V – MATERNITY AND FAMILY LEAVE

Definitions for Part V.

16. In this Part –

“confinement” means labour resulting in the issue of a living child or labour after twenty—four weeks of pregnancy resulting in the issue of a child whether alive or dead;

“family leave” means a leave of absence under section 20.

“female employee” means any female employed for remuneration under a contract of employment;

“maternity leave” means leave granted to a female employee arising from or in contemplation of her confinement and includes additional leave granted under section 19;

“midwife” means a person who is registered as a midwife under the Nurses and Midwives Act;

Ch. 209

“parent” includes a person with whom a child is placed for adoption or a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own.

Grant of maternity leave.

17.(1) Every female employee is, in addition to her annual holiday arising under this Act or under any other law or agreement pertaining to the conditions of her employment, entitled to maternity leave upon delivering to her employer —

(a) a certificate issued by a medical practitioner setting forth the expected date of her confinement; or

(b) a certificate issued by a medical practitioner or a midwife setting forth the actual date of her confinement;

and without prejudice to section 4 in addition to the grant of maternity leave the payment to her by the employer during such leave once in every three years of a minimum sum equivalent to thirty-three and one-third per cent of that portion of her wages which does not exceed the National Insurance ceiling on insurable wage:

Ch. 320.

Provided that where the employee is not entitled to any benefit under the National Insurance Act during such leave by reason of the neglect of or conduct on the part of her employer the minimum sum payable under this subsection shall be equivalent to the aggregate of the amount of benefit which would have been payable to her under that Act and the foregoing provisions of this subsection but for such neglect or conduct.

(2) Where an employee by reason of geographical or other circumstances beyond her control is unable to produce such certificates as are mentioned in subsection (1) an employer shall accept such other evidence as is produced by her in reasonable proof of her entitlement to maternity leave.

(3) A female employee –

(a) must in order to qualify for a grant of maternity leave, be employed for at least twelve months by the employer from whom she requests such leave; and

(b) is not entitled to maternity pay by the same employer more than once in every three years.

Duration of maternity leave.

18.(1) Except where an employee otherwise desires, maternity leave shall be for a period of not less than twelve weeks and shall be so arranged that the employee is allowed –

(a) such period, not less than one week, as she desires before the expected date of confinement; and

(b) a period of not less than eight weeks from the date of confinement.

(2) Where –

(a) a confinement takes place without an employee having been granted maternity leave; or

(b) the period of maternity leave before her confinement amounts to less than four weeks, the period of leave after confinement shall, if the employee so desires, be extended so that the total period of leave does not amount to less than twelve weeks.

(3) Where an employee has been granted maternity leave and the date of confinement is a later date than the date stated in the certificate issued pursuant to subsection (1) of section 17 as being the date on which confinement was expected, her maternity leave shall be extended to include the period that elapsed between those dates.

(4) Where an employee has been granted maternity leave and the employee dies during such leave, the guardian of the child shall be entitled to any unpaid maternity benefits due to the mother from her employer and the National Insurance Board.

Additional leave.

19. An employee who, after confinement, suffers any illness arising out of such confinement shall be granted, in addition to the maternity leave to which she is entitled under section 17, such additional unpaid leave not exceeding six weeks as a medical practitioner recommends.

Family leave.

20.(1) An employee who has been employed for at least six months is entitled to family leave without pay for a period not exceeding one week per annum following –

(a) the birth of a child; or

(b) the death or illness of a child, spouse or parent.

(2) Every employee shall be required to provide to the satisfaction of his employer evidence of birth, death or illness, as the case may be.

Protection of employment.

21.(1) Subject to subsection (2), no employer shall –

(a) dismiss or give notice of dismissal to a female employee at any time between the date of her delivery to him of a medical certificate under section 17 and the date of the expiration of her maternity leave or additional leave granted under section 19;

(b) give notice of dismissal to an employee so that it would expire during her maternity leave or additional leave granted under section 19 or dismiss her during such leave;

(c ) dismiss an employee or require an employee to resign on the ground that she is pregnant; or

(d) require an employee to resign during any of the times referred to in paragraph (a) or (b) and which paragraphs then apply to that employee.

(2) Subsection (1) does not apply where —

(a) there has been serious default, or gross negligence amounting to abandonment of duty, on the part of the female employee; or

(b) there has been an express contract of service for a fixed term between an employer and the female employee which has expired.

(3) Subject to subsection (2) , it shall be presumed for the purposes of any proceedings unless the contrary is shown that the dismissal of a female employee, who was at the time of her dismissal not less than six months in her pregnancy, was in breach of subsection (1) (c) or (d).

Protection of seniority.

22. Where a female employee has been granted maternity leave she is, on her resumption of work after such leave, entitled to –

(a) her seniority rights;

(b) reinstatement in her former position or equivalent position, and she shall not by reason only of the fact that she went on maternity leave, be paid a smaller remuneration than she received before she went on maternity leave.

Contravention of sections21 and 22.

23. Any employer who contravenes or fails to comply with any of the provisions of section 21 or 22 shall be liable to a fine of five thousand dollars.

Power to order payment.

24. An employer may in addition to the fine imposed on him be liable to pay to the female employee any payment due to such employee under this Act.

Application.

25. Sections 21 to 24 shall apply mutatis mutandis to family leave.

PART VI – REDUNDANCY PAYMENTS

Right to redundancy payment.

26.(1) Where an employee who has been continuously employed for one year or more is dismissed by his employer because of redundancy, his employer is, subject to the provisions of this Part, liable to pay to him a sum (in this Act referred to as a “redundancy payment” or “redundancy pay”) calculated in accordance with subsection (2).

(2) Subject to subsection (3), the amount of the redundancy payment shall be calculated by reference to the date of the employee’s redundancy by starting on that date and reckoning backwards the number of complete years of employment and allowing –

(a) where the employee has been employed for twelve months or more —

(i) two weeks’ notice or two weeks’ basic pay in lieu of notice, and

(ii) two weeks’ basic pay (or a part thereof on a pro rata basis) for each year up to twenty-four weeks;

(b) where the employee holds a supervisory or managerial position —

(i) one month’s notice or one month’s basic pay in lieu of notice, and

(ii) one month’s basic pay (or a part thereof on a pro rata basis) for each year up to forty-eight weeks.

(3) Notwithstanding subsection (1), the employer shall have the right to appropriate any monies owing to him by the employee from any monies payable under subsection (1).

(4) Where an employer provides a gratuity or non-contributory pension for an employee, the employee is not entitled to both redundancy pay and the gratuity or non-contributory pension but the employee shall select the one which he prefers.

Meaning of redundancy.

27. For the purposes of this Part, an employee shall be deemed to be dismissed because of redundancy if his dismissal is wholly or mainly attributable to –

(a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed; or

(b) the fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where he was so employed, have ceased or diminished or are expected to cease or diminish:

Provided that an employee shall not be deemed to be dismissed because of redundancy where such employee is required to carry out work for a fixed term of less than two years in respect of a specific construction project and such term has come to an end.

Recovery of redundancy payments.

28.(1) Payment of redundancy pay shall be made on or before the date of the employee’s redundancy.

(2) A redundancy payment may be recovered as a debt due to the employee in proceedings before the Tribunal.

(3) A redundancy payment shall be a preferred debt in all cases involving bankruptcy or liquidation.

PART VII – TERMINATION OF EMPLOYMENT WITH NOTICE

Period of notice.

29. (1) For the purposes of this Act, the minimum period of notice required to be given by an employer to terminate the contract of employment of an employee shall be-

(a) where the employee has been employed for six months or more but less than twelve months –

(i) one week’s notice or one week’s basic pay in lieu of notice, and

(ii) one week’s basic pay (or a part thereof on a pro rata basis) for the said period between six months and twelve months;

(b) where the employee has been employed for twelve months or more –

(i) two weeks’ notice or two weeks’ basic pay in lieu of notice, and

(ii) two weeks’ basic pay (or a part thereof on a pro rata basis) for each year up to twenty-four weeks;

(c ) where the employee holds a supervisory or managerial position –

(i) one month’s notice or one month’s basic pay in lieu of notice, and

(ii) one month’s basic pay (or a part thereof on a pro rata basis) for each year up to forty-eight weeks.

(2) An employee shall not terminate his employment until after the expiry of —

(a) two week’s notice to the employer if the period of employment is one year or more but less than two years; or

(b) four weeks notice to the employer if the period of employment is two years or more, unless the employer has been guilty of a breach of the terms and conditions of employment.

(3) Notwithstanding subsection (1), the employer shall have the right to appropriate any monies owing to him by the employee from any monies payable under subsection (1)

Provisions as to notices.

30.(1) Any notice which under this Part is required or authorised to be given by an employer to an employee may be given orally or in writing by being delivered to the employee, or left for him at his usual or last-known place of residence, or sent by prepaid registered post addressed to him at that place.

(2) Any notice which under this Part is required or authorised to be given by an employee to an employer may be given either by the employee himself or by a person authorised by him to act on his behalf, and, whether given by or on behalf of the employee —

(a) may be given orally or in writing by being delivered to the employer, or sent by prepaid registered post addressed to him at the place where the employee is or was employed by him; or

(b) if arrangements in that behalf have been made by the employer, may be given by being delivered to a person designated by the employer in pursuance of the arrangements, or left for such a person at a place so designated, or sent by prepaid registered post to such a person at an address so designated.

PART VIII – SUMMARY DISMISSAL

Summary dismissal.

31. An employer may summarily dismiss an employee without pay or notice when the employee has committed a fundamental breach of his contract of employment or has acted in a manner repugnant to the fundamental interests of the employer: earned pay. Provided that such employee shall be entitled to receive previously

Grounds for summary dismissal.

32. Subject to provisions in the relevant contract of employment, misconduct which may constitute a fundamental breach of a contract of employment or may be repugnant to the fundamental interests of the employer shall include (but shall not be limited to) the following –

(a) theft;

(b) fraudulent offences;

(c ) dishonesty;

(d) gross insubordination or insolence;

(e) gross indecency;

(f) breach of confidentiality, provided that this ground shall not include a report made to a law enforcement agency or to a government regulatory department or agency;

(g) gross negligence;

(h) incompetence;

(i) gross misconduct.

Proof of Misconduct.

33. An employer shall prove for the purposes of any proceedings before the Tribunal that he honestly and reasonably believed on a balance of probability that the employee had committed the misconduct in question at the time of the dismissal and that he had conducted a reasonable investigation of such misconduct except where such an investigation was otherwise unwarranted.

PART IX – UNFAIR DISMISSAL

Right of employee.

34. Every employee shall have the right not to be unfairly dismissed, as provided in sections 35 to 40, by his employer.

Fairness of dismissal.

35. Subject to sections 36 to 40, for the purposes of this Part, the question whether the dismissal of the employee was fair or unfair shall be determined in accordance with the substantial merits of the case.

Dismissal relating to trade union membership.

36.(1) For the purposes of this Part, the dismissal of an employee by an employer shall be regarded as having been unfair if the reason for it (or, if more than one, the principal reason) was that the employee —

(a) was, or proposed to become, a member of an independent trade union;

(b) had taken, or proposed to take, part at any appropriate time in the activities of an independent trade union; or

(c) was not a member of any trade union, or of a particular trade union, or of one of a number of particular trade unions, or had refused or proposed to refuse to become or remain a member.

(2) Any reason by virtue of which a dismissal is to be regarded as unfair inconsequence of subsection (1) is in this Part referred to as an “inadmissible reason”.

(3) In subsection (1) “appropriate time” in relation to an employee taking part in the activities of a trade union, means time which either –

(a) is outside his working hours; or

(b) is a time within his working hours at which, in accordance with prior arrangements agreed with or consent given by his employer, it is permissible for him to take part in those activities; and in this subsection “working hours”, in relation to an employee, means any time when, in accordance with his contract of employment, he is required to be at work.

(4) In this section, unless the context otherwise requires, references to a trade union include references to a branch or section of a trade union.

Dismissal of replacement employee.

37. Where the reason or principal reason for the dismissal of an employee was redundancy but it is shown that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by him and who have not been dismissed by the employer and either —

(a) that the reason (or, if more than one, the principal reason) for which he was selected for dismissal was an inadmissible reason; or

(b) that he was selected for dismissal in contravention of a customary arrangement or agreed procedure relating to redundancy and there were no special reasons justifying a departure from that arrangement or procedure in his case, then for the purposes of this Part the dismissal shall be regarded as unfair.

Dismissal on ground of pregnancy.

38. An employee shall be treated for the purposes of this Part as unfairly dismissed if the reason or principal reason for her dismissal is that she is pregnant or is for any other reason connected with her pregnancy.

Dismissal of replacement employee.

39. Where an employer –

(a) on engaging an employee informs the employee in writing that his employment will be terminated on the return to work of another employee who is, or will be, absent wholly or partly for any reason; and

(b) dismisses the first-mentioned employee on the return to work of that other employee,

then, for the purposes of this Part, the dismissal of the first-mentioned employee shall not be regarded as having been unfair.

Dismissal in connection with a lockout, strike or other industrial action.

40.(1) The provisions of this section shall have effect in relation to an employee (in this section referred to as “the complainant”) who claims that he has been unfairly dismissed by his employer where at the date of dismissal –

(a) the employer was conducting or instituting a lockout; or

(b) the complainant was taking part in a lawful industrial action.

(2) In any case mentioned in subsection (1), the Tribunal shall not determine whether the dismissal was fair or unfair unless it is shown —

(a) that a relevant employee of the same employer has not been dismissed; or

(b) that any such relevant employee has, before the expiry of the period of three months beginning with the date of dismissal of the complainant, been offered re-engagement and that the complainant has not been offered re— engagement.

(3) Where it is shown that the condition referred to in subsection (2) (b) is fulfilled, the provisions of sections 35 to 39 shall have effect as if in those sections for any reference to the reason or principal reason for which the complainant was dismissed there were substituted a reference to the reason or principal reason for which he has not been offered re-engagement.

(4) In this section —“date of dismissal” means –

(a) where the complainant’s contract of employment was terminated by notice, the date on which the notice was given by the employer; and

(b) in any other case, the effective date of termination;

“relevant employee” means —

(a) in relation to a lock—out, an employee who was directly interested in the dispute in contemplation or furtherance of which the lock-out occurred; and

(b) in relation to a strike or other industrial action, an employee at the establishment of the employer at or from which the complainant works who was taking part in it at the date of dismissal of the complainant;

and, in this section, any reference to an offer of re— engagement is a reference to an offer (made either by the original employer or by a successor of that employer or an associated employer) to re-engage an employee, either in the job which he held immediately before the date of dismissal or in a different job which would be reasonably suitable in his case.

Complaint.

41. Where, under the Industrial Relations Act, a trade dispute relating to unfair dismissal is referred to the Tribunal such dispute shall be dealt with by the Tribunal as a complaint in accordance with the provisions of this Part.

Remedies for unfair dismissal.

42.(1) Where on a complaint made under section 41 the Tribunal finds …(missing text)…

the grounds of the complaint are proved it shall explain to the complainant what orders for reinstatement or re-engagement may be made under section 43 and in what circumstances they may be made, and shall ask him whether he wishes the Tribunal to make such an order, and if he does express such a wish the Tribunal may make an order under section 43.

(2) If on a complaint made under section 41 the Tribunal finds that the grounds of the complaint are proved and no order is made under section 43, the Tribunal shall make an award of compensation for unfair dismissal, calculated in accordance with sections 46 to 48, to be paid by the employer to the employee.

Order for reinstatement or re-engagement.

43.(1) An order made under this section may be an order for reinstatement (in accordance with subsections (2) and (3)) or an order for re-engagement (in accordance with subsection (4)), as the Tribunal may decide.

(2) An order for reinstatement is an order that the employer shall treat the complainant in all respects as if he had not been dismissed, and on making such an order the Tribunal shall specify –

(a) any amount payable by the employer in respect of any benefit which the complainant might reasonably be expected to have had but for the dismissal;

(b) any rights and privileges, including seniority and pensions rights, which must be restored to the employee; and

(3) Without prejudice to the generality of subsection (2), if the complainant would have benefited from an improvement in his terms and conditions of employment had he not been dismissed, an order for reinstatement shall require him to be treated as if he had benefited from that improvement from the date on which he would have done so but for being dismissed.

(4) An order for re—engagement is an order that the complainant be engaged by the employer, or by a successor of the employer or by an associated employer, in employment comparable to that from which he was dismissed or other suitable employment, and on making such an order the Tribunal shall specify the terms on which re-engagement is to take place.

Enforcement of order made under section 43 and compensation award.

44.(1) If an order under section 43 is made and the complainant is reinstated or, as the case may be, re—engaged but the terms of the order are not fully complied with, then, subject to section 48, the Tribunal shall make an award of compensation, to be paid by the employer to the employee, of such amount as the Tribunal thinks fit having regard to the loss sustained by the complainant in consequence of the failure to comply fully with the terms of the order.

(2) Subject to subsection (1), if an order under section 43 is made but the complainant is not reinstated or, as the case may be, re-engaged in accordance with the order-

(a) the Tribunal shall make an award of compensation for unfair dismissal, calculated in accordance with sections 45 to 47 to be paid by the employer to the employee; and

(b) unless the employer satisfies the Tribunal that it was not practicable to comply with the order, the Tribunal shall make an additional award of compensation to be paid by the employer to the employee of an amount of not more than twenty-six weeks’ pay.

Compensation for unfair dismissal.

45. Where the Tribunal makes an award of compensation for unfair dismissal under subsection (2) of section 42 or subsection (2) (a) of section 44 the award (missing text)

shall consist of a basic award calculated in accordance with section 46 and a compensatory award calculated in accordance with section 47.

Calculation of basic award.

46.(1) Subject to the following provisions of this section, the amount of the basic award shall be the amount calculated by reference to the date the employee was dismissed by starting on that date and reckoning backwards the number of complete years of employment falling within that period, and allowing three weeks’ pay for each year of employment.

(2) Where the Tribunal finds that the dismissal was to any extent caused or contributed to by any action of the complainant it shall, except in a case where the dismissal was by reason of redundancy, reduce the amount of the basic award by such proportion as it considers just and equitable having regard to that finding.

(3) Where the Tribunal finds that the complainant has refused an offer by the employer which if accepted would have the effect of reinstating or re-engaging the complainant in his employment in all respects as if he had not been dismissed, the Tribunal shall not make an award.

(4) Where the Tribunal considers that any conduct of the complainant before the dismissal (or, where the dismissal was with notice, before the notice was given), other than conduct taken into account by virtue of subsection (3), was such that it would be just and equitable to reduce or further reduce the amount of the basic award to any extent, the Tribunal shall reduce or further reduce that amount accordingly.

(5) The amount of the basic award shall be reduced or, as the case may be, be further reduced, by the amount of any payment, made by the employer to the employee on the ground that the dismissal was by reason of redundancy, whether in pursuance of Part VI or otherwise.

Calculation of

47.(1) Subject to section 48, the amount of the compensatory award shall be compensatory awards.

such amount as the Tribunal considers just and equitable in all the circumstances having regard to the loss sustained by the complainant in consequence of the dismissal in so far as that loss is attributable to action taken by the employer.

(2) Such loss shall be taken to include —

(a) any expenses reasonably incurred by the complainant in consequence of the dismissal; and

(b) subject to subsection (3), loss of any benefit which he. might reasonably be expected to have had but for the dismissal.

(3) In determining, for the purposes of subsection (1), how far any loss sustained by the complainant was attributable to action taken by the employer no account shall be taken of any pressure which, by calling, organising, procuring or financing a strike or other industrial action, or threatening to so do, was exercised on the employer to dismiss the employee, and that question shall be determined as if no such pressure had been exercised.

(4) Where the Tribunal finds that the dismissal was to any extent caused or contributed to by any action of the complainant it shall reduce the amount of the compensatory award by such proportion as it considers just and equitable having regard to that finding.

(5) If the amount of any payment made by the employer to the employee on the ground that the dismissal was by reason of redundancy, whether in pursuance of Part VI or otherwise, exceeds the amount of the basic award which would be payable but for subsection (4) of section 46 that excess shall go to reduce the amount of the compensatory award.

Limit on compensation.

48.(1) The amount of compensation awarded to a person calculated in accordance with section 46 and of a compensatory award to a person calculated in accordance with section 47, shall not exceed eighteen months pay:

Provided that where the employee holds a supervisory or managerial position the award shall not exceed twenty-four months pay.

(2) It is hereby declared for the avoidance of doubt that the limit imposed by this section applies to the amount which the Tribunal would, apart from this section otherwise award in respect of the subject matter of the complaint, after taking into account any payment made by the respondent to the complainant in respect of that matter and any reduction in the amount of the award required by any Written law.

(3) Where the Tribunal considers that any conduct of the complainant after the dismissal was such that it would be just and equitable to reduce the amount of the award to any extent, the Tribunal shall reduce that amount accordingly.

PART X – CHILDREN AND YOUNG PERSONS

Definitions for Part X.

49. In this Part –

“child” means any person under the age of fourteen years; “industrial undertaking” includes —

(a) a mine, quarry, or distillery, or a sugar, spirit compound, match, soap, cigar or cigarette factory, or any undertaking 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, …(missing text)…

transformation and transmission of electricity and motive power of any kind, or any agricultural undertaking;

(b) construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, dock, pier, canal, inland waterway, road,, tunnel, bridge, 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 foundation of any such work or structures;

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

“night work” means work in an industrial undertaking during any time between the hours of eight o’clock in the evening and six o’clock in the morning;

“parent” includes guardian or other such person who is liable to maintain or has actual custody of a child or young person;

“ship” means any sea—going ship or boat of any description registered in The

Bahamas as a Bahamian ship and includes sea-going fishing boats;

“young person” means a person who is fourteen years of age arid upwards and under the age of eighteen years.

Prohibition of employment of a child.

50.(1) A child shall not be employed in any undertaking except as expressly provided in the First Schedule.

(2) The Minister may by Order after consultation with a confederation,

being, in the opinion of the Minister, a confederation representative of a majority of employers and associations of employers generally and after consultation with an association of registered trade unions being an association in the opinion of the Minister representative of a majority of employees subject to affirmative resolution of the House of Assembly, amend the First Schedule.

First Schedule.

Prohibition of employment during school hours.

51. A child or young person shall not be employed in any work to be performed during any hours during which any school at which such person is a pupil is ordinarily in session, or during, such other periods as may prejudice his attendance at such school or render him unfit to obtain the full benefit of the education provided for him.

Penalty for employment.

52.(1) If any person employs a child or young person contrary to any of the provisions of this Part, he shall be liable to a fine of one thousand dollars.

(2) If any parent or guardian of a child or young person has consented to the commission of the alleged offence by wilful default, or by habitually neglecting to exercise due care, he shall be liable to the like fine.

Liability of agent or employer.

53. Where the offence of taking a child or young person into employment contrary to any of the provisions of this Part is committed by an agent or employee of the employer, such agent or employee shall be liable to a fine as if he were the employer.

False certificate or representation as to age.

54. Where a child or young person is taken into employment in contravention of ‘this Part, on the production, by or with the consent of the parent or guardian, of a false or forged certificate, or on the false representation of his parent or guardian that the child or young person is of an age at which employment is not in contravention of this Part, that parent or guardian shall be liable to a fine of one thousand five hundred dollars.

Presumption of age.

55. If in a charge for an offence under this Part it is alleged that the child or young person in respect of whom the offence was committed was under the age of fourteen or eighteen years, as the case may be, at the date of the commission of the alleged offence he shall, unless the contrary is proved, for the purposes of this Part be presumed at that date to have been under the age of fourteen or eighteen years, as the case may be.

Prohibition of employment on ships.

56. It shall not be lawful to employ any young person under the age of sixteen upon any ship other than a ship –

(a) upon which only members of the same family are employed;

(b) within the waters of The Bahamas.

General prohibition of night work.

57.(1) It shall not be lawful to employ a child in night work.

(2) It shall not be lawful, except as expressly provided in this Part and the Second Schedule to employ young persons in night work.

Second Schedule.

(3) The Minister may by Order after consultation with a confederation, being, in the opinion of t h e Minister, a confederation representative of a majority of employers and associations of employers generally and after consultation with an association of registered trade unions being an association in the opinion of the Minister representative of a majority of employees subject to affirmative resolution of the House of Assembly, amend the Second Schedule.

Exceptional circumstances.

58. In all industrial undertakings in the case of exceptional circumstances demanding it, the Minister may, by Order, after consultation with a confederation, being, in the opinion of the Minister, a confederation representative of employers and associations of employers generally and after consultation with an association of registered trade unions being an association in the opinion of the Minister representative of employees subject to affirmative resolution of the House of Assembly, suspend the prohibition of night work for such period as he may deem necessary.

Conditions in respect of young persons.

59. A young person may work outside school hours under the following conditions –

(a) in a school day, for not more than three hours;

(b) in a school week, for not more than twenty-four hours; (c) in a non-school day, for not more than eight hours;

(d) in a non-school week, for not more than forty hours.

PART XI – WAGES

Wages to be paid in the currency of The Bahamas.

60.(1) In any contract of service hereafter to be made for the employment of any employee for the performance of any work within The Bahamas the wages of such employee shall be made payable and be paid at regular intervals of not more than one month to the individual employee in the currency of The Bahamas and not otherwise.

(2) Subsection (l) shall not be construed so as to prevent or render invalid any contract for the payment, or any actual payment, to such employee as aforesaid of the whole or any part of his wages, in drafts or orders for the payment of money to the bearer on demand, drawn upon any person lawfully carrying on the business of a banker in The Bahamas, if such employee freely consents, to receive such drafts or orders and all such payments shall for the purposes of this Act be as valid and effectual as if such payments had been made in the currency of The Bahamas.

(3) If any draft or order as mentioned in subsection (2) shall be dishonoured or not paid on presentation to such person lawfully carrying on the business of a banker the employer to whom such draft or order has been delivered in such part payment or payment of wages shall in addition to any other liability which such employer may incur by reason of such dishonour or non-payment pay to such employee or to a holder in due course of any such draft or order so dishonoured or unpaid as aforesaid a sum of money equal to fifteen per cent of the amount specified in such draft or order and such sum shall be recoverable before the magistrate of the district in which any such employee resides.

Register of wages.

61.(1) Every employer shall keep a register of wage payments and accounts in respect of each employee for a period of three years.

(2) This section shall not apply in the case of domestic employees.

Order for goods as a deduction from wages illegal.

62.(1) In any action brought by an employee for the recovery of his wages, the employer shall not be entitled to any set-off or counter-claim in respect of any goods supplied to the employee by the employer or by any person under any order or direction of the employer, or any agent of the employer, and the employer or any agent of the employer, or any person supplying goods to the employee, under any order or direction of such employer or agent, shall not be entitled to sue the employee for or in respect of any goods supplied by such employer or agent, or under such order or direction, as the case may be.

(2) Nothing in subsection (1) shall be deemed to apply to any tools or implements supplied to any such employee employed as aforesaid, or to goods not exceeding the value of fifty dollars supplied to any such employee at the request of such employee when there shall not be within five miles of such employment any store at which such employee could have purchased the goods so supplied.

Requirements relating to payment of wages.

63.(1) Payment of wages shall be made on working days only and shall be made by cash, cheque or by deposit in the employee’s bank account.

(2) Except in the case of an employee who is ordinarily employed therein, wages shall not be paid to any employee on any premises licensed for the sale of intoxicating liquor under the provisions of the Liquor Licences Act or in any shop or store.

Restrictions on deductions from wages of employees.

64.(1) An employer may make deductions from wages payable to an employee in accordance with the terms of any agreement made with such employee for the repayment of money advanced to him by way of loan from the employer, but the total amount of all such deductions made in any one period for which any payment of wages is made shall not exceed one—fifth of the amount of the wages payable to such employee in respect of such period.

(2) This section shall not affect any arrangements for deductions entered into before the commencement of this section.

No contracts with employees as to spending wages at any particular shop, etc.

65. No employer shall directly, or’ indirectly by himself or his agent impose as a condition, express or implied, in or for the employment of any employee any terms as to the place or the manner in which, or the person with whom, any wages or portion of wages paid to the employee are or is to be expended, and no employer shall by himself or his agent dismiss any employee from his employment for or on account of the place at which, or the manner in which, or the person with whom, any wages or portion of wages paid by the employer to such employee are or is expected or fail to be expended.

Penalty.

66. If any employer or his agent contravenes any of the provisions of this Part the employer or agent, as the case may be, is guilty of an offence and
shall be liable on summary conviction to a fine of five hundred dollars for the first offence and to a fine of one thousand dollars for a second or subsequent offence.

PART XII – FINGERPRINTING AND LIE DETECTOR TEST

Prohibition.

67. No employer shall, as a requirement for employment or continued employment, require any person to furnish a set of his fingerprints or take a lie detector test.

Exception.

68. The provisions of sections 67 shall not apply to an employer who l (missing text) Change of employs a person on any premises in respect of which licences are issued under the Lotteries and Gaming Act.

Ch. 351.

Offence.

69. Any person who contravenes section 67 is guilty of an offence and shall be liable to a fine of five thousand dollars.

Return of records.

70.(1) Where the fingerprints of any person have been furnished to an employer prior to the commencement of this Act, such fingerprints and all copies and records thereof shall be returned to that person within fourteen days after the commencement of this Act.

(2) An employer who fails to comply with subsection (1) is guilty of an offence and shall be liable to a fine of five thousand dollars.

PART XIII – GENERAL PROVISIONS

Information and returns.

71. Every employer shall –

(a) make and keep for such period as may be prescribed after the work is performed, such records of the names, addresses, ages, wages, hours worked, annual vacations and other conditions of work of each of his employees as may be prescribed; and

(b) if requested by the Minister, furnish to the Minister such information in respect of his employees relating to the matters mentioned in paragraph (a), and make such returns thereon in such manner as may be prescribed.

Change of ownership of business.

72.(1) Where a change occurs (whether by virtue of a sale or other disposition or by operation of law) in the ownership of any business for the purposes of which an employee is employed, and after such change of ownership such employee continues to be so employed without interruption, the person who immediately after the change occurs is the owner of the business shall be deemed to be the employer (“the new employer”) of that employee, and the employment shall be deemed to be continuous, notwithstanding the change.

(2) Any change in the ownership of a business shall be binding upon any successor, administrator, transferee, executor and assign of the company, or surviving entity in the control of the company regardless of the nature of transfer or control including but not limited to purchase, sale, merger, consolidation, acquisition, leasing of operation, reorganisation, arrangement for the benefit of creditors, or bankruptcy.

(3) Any dispute filed with the Tribunal and subsisting at the time of the change between the employee or his trade union and the former employer shall be deemed to be transferred to the new employer, notwithstanding the change and notwithstanding any agreement to the contrary between the former employer and the new employer.

Pay statements.

73.(1) An employer shall, at the time of making any payment of wages to an employee, furnish to the employee a statement in writing setting out —

(a) the period for which the payment of wages is made; (b) the number of hours for which payment is made;

(d) details of any deductions made from the wages; and

(e) the actual sum being paid to the employee.

(2) The Minister may, by Order, exempt any class of employer from any or all of the requirements of

(3) This section shall not apply in the case of domestic workers.

Notice to furnish information.

74.(1) Where the Minister or any person is authorised to require a person to furnish information under this Act or the regulations, he may require the information to be furnished by a notice to that effect served personally or sent by registered mail addressed to the last known address of the person for whom the notice is intended, and such person shall furnish the information within such reasonable time as is specified in the notice.

(2) A certificate of the Minister or other person as aforesaid certifying –

(a) that a notice was sent by registered mail to the person to whom it was addressed, accompanied by a true copy of the notice and by an identifying certificate of such registration issued by or on behalf of the Postmaster—General; or

(b) where the Minister or other person is authorised to require a person to furnish information under this Act or the regulations, that the information has not been furnished, shall be prima facie evidence in any proceedings of the facts stated in the certificate.

(3) A certificate of the Minister or other person aforesaid certifying that a document was made by or on behalf of the Minister shall be admissible in any proceedings as prima facie evidence of that fact.

(4) A certificate under this section signed or purporting to be signed by the Minister or other person aforesaid shall be admissible in evidence in any proceedings without proof of his appointment or signature.

Offences.

75. Any person who –

(a) contravenes any provision of this Act or the regulations or any order made thereunder for the contravention of which no penalty is prescribed elsewhere in this Act or in the regulations or order; or

(b) dismisses or threatens to dismiss any employee or reduces his wages or alters the terms or conditions of his employment to terms or conditions less favourable to him, or alters his position relatively to other employees employed by that person, because such employee —

(i) has testified or is about to testify in any proceedings had or taken under this or any other Act, or

(ii) has given any information to the Minister or an inspector as required under any law regarding the wages, hours of work, annual vacations or other conditions of work of the employee or any of his fellow employees,

is guilty of an offence and shall be liable, to a fine of five thousand dollars.

Additional powers of convicting court.

76. Where an employer is found guilty of an offence under this Act in respect of any employee, the court may, in addition to any other penalty, order the employer to pay to the employee any overtime pay, vacation pay, or other wages to which the employee is entitled under this Act, the non-payment or insufficient payment of which constituted the offence.

Savings.

77.(1) No civil remedy of any employee against his employer for arrears of wages or for breach made under this Act shall be suspended or otherwise be affected by this Act.

(2) This Act shall not apply to any industrial agreement registered with the Tribunal on the coming into operation of this Act but shall apply on the expiration of such an agreement.

Annual report.

78. The Minister shall, within six months from the end of every year, prepare an annual report on the administration of this Act and cause such report to be laid before both Houses of Parliament.

Regulations.

79. The Minister may make regulations for carrying out the purposes of this Act and, without prejudice to the generality of the foregoing, may make regulations –

(a) for calculating and determining, otherwise than for the purposes of this Act, wages received by an employee in respect of his employment;

(b) providing for the payment of any wages of an employee to the Minister or to some other person in the event that the employee cannot be found, or in any other case;

(c) providing for the establishment of committees to advise the Minister on any matters arising in relation to the administration of this Act; and

(d) for any other matter required or authorised by this Act to be prescribed.

Repeals. and Amendments. Third Schedule.

80. The Acts mentioned in the Third Schedule are repealed or amended to the extent specified therein.

FIRST SCHEDULE (Section 50)

EMPLOYMENT OF CHILDREN

For a period of five years from the coming into operation of this Act, a child may be employed in the following undertakings –

(a) grocery packers;

(b) gift wrappers;

(d) newspaper vendors.

SECOND SCHEDULE (Section 57)

EMPLOYMENT OF YOUNG PERSONS IN NIGHT WORK

A young person may be employed in the following undertakings –

(a) hotels;

(b) restaurants;

(d) general merchandise stores; (e) gas stations.

THIRD SCHEDULE (Section 80)

REPEALS

Chapter Acts Extent of Appeal

Ch. 288 Truck Act The whole Act

Ch. 289 Contracts of Service Act The whole Act

Ch. 291 Employment of Children Prohibition Act The whole Act

Ch. 292 Employment of Young Persons Act The whole Act

Ch. 295 Fair Labour Standards Act The whole Act

Ch. 296 Industrial Relations Act Section 53E (3), (4) and (5)

8 of 1988 Female Employees (Grant of Maternity Leave) The whole Act Act

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