Standard Hours of 

Work

* The Act became effective January 1st 2002.

* The legal work week shall be reduced to 44 hours from February 1st  2002
and;

* 40 hours from February 1st  2003.

* The Act regulates the employment relationship between your employer and
you.

Non-Discrimination and Equal Pay

· The Act prohibits discrimination towards employees on the basis of: race,
sex, creed, marital status,, political opinion., age or HIV/AIDS.

· The Act guarantees equal pay for equal work performed by an employee.

· The Act prohibits discrimination against the physically challenged employee.

THE EMPLOYMENT ACT 2001

KEY POINTS

Sick and Vacation Leave

Employees are now entitled to one-week sick leave during a calendar (1) year
with pay.

You are entitled to one-week vacation with pay, after six (6) months of
continuous employment.

After one year of continuous employment, you are entitled to two (2) weeks
vacation with pay.

After seven (7) years or more of continuous employment, you are entitled to
three (3) weeks vacation with pay.

Your vacation pay should be paid to you at least one (1) day before you start
your vacation.

Should your employment be terminated before ninety days (3 months), of

continuous work you are not entitled to any benefit from your employer.

THE EMPLOYMENT ACT 2001

Key Points

MATERNITY AND FAMILY LEAVE

Every female employee is entitled to twelve (12wks) weeks paid maternity

leave once every three years.

You become eligible for maternity leave after twelve (12) months of
continuous employment with your employer

Your employer is obligated to pay thirty-three and one-third (33 1/3 %) percent
of your basic wage if you are eligible for paid leave.

The National Insurance Board is obligated to pay sixty-six and two third (66
2/3 %) percent of your basic wage.

An employer cannot terminate your employment because you are pregnant.

All ranks and seniority are maintained upon return after maternity leave.

Should a mother die while on maternity leave and have given birth to a live
baby, her spouse can apply to his employer for the remaining leave.

The spouse leave is without pay but he is entitled to the remaining National
Insurance Benefits.

An employee who has been employed for at least six (6) months is entitled to
one (1) week unpaid leave per annum.

Certification to confirm the reason for this leave must be given to your
employer.

Any employer who contravenes or fails to comply will be liable to a fine of five
thousand ($5,000) dollars.

THE EMPLOYMENT ACT 2001

KEY POINTS

REDUNDANCY PAYMENTS

An Employee shall be deemed to be dismissed because of redundancy if: 

(a) His or her employer has ceased, or intends to cease, to carry on business
for which you were employed or;

(b) That particular kind of work has ceased or diminished or is expected to

cease or diminish.

Redundancy payment will be paid by reckoning backwards the number of

complete years of employment and allowing:

(a) An employee who has been employed for twelve (12) months or more:

· Two weeks notice or two weeks basic pay in lieu of notice

· Two weeks basic pay for each year up to twenty-four weeks.

(b) An employee who holds a supervisory or managerial

position the following:

· One month's notice pay and one month's basic pay for each year up to forty-
eight weeks.

· Redundancy pay shall be made on or before the date of the employee's

redundancy;

· Redundancy payment is a preferred debt in cases involving bankruptcy or

liquidation.
THE EMPLOYMENT ACT 2001
 Key Points

Termination of Employment with Notice

1. The minimum period of notice required from an employer to terminate an

employee's contract is:

a) Employed: Six months but less than one year one week's notice or one week's pay in lieu of
notice;

b) Employed twelve months or more:

· Two weeks notice or two weeks pay in lieu of notice;

· Two weeks pay for each completed year up to twenty-four (24 wks) weeks.

c) For supervisory or managerial employee

· One month notice or one month pay in lieu of notice;

· One month basic pay for each completed year up to forty eight (48 wks) weeks

2. An employee shall not terminate his or her employment until after the expiry of:

· Two weeks notice to the employer if employment was more than one (1)
year but less than two (2) years; or

· Four weeks notice to the employer where employment is two (2) years or
more.

3. The employer has the right to deduct any monies owed to him by the employee
from monies payable to the employee.

4. An employer may give notice to an employee either:

                                                   * Orally or in writing; likewise

5. An employee may give notice to an employer either:

                                                  ·         By employee (him or herself)

                                                  ·   A person authorized by the employee;

                                                 ·   Orally or in writing

 THE EMPLOYMENT ACT 2001
Key Points
Summary Dismissal

1. 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 inconsistent to the fundamental interests of the employer:

Where an employee is summarily dismissed he or she is only entitled to

receive monies earned up to that date.

2. Misconduct which constitute a fundamental breach of a contract of

employment shall include:

                                          · Theft
                                          · Fraudulent offences;
                                          · Dishonesty;
                                          · Gross insubordination or insolence;
                                          . Gross indecency;
                                          . Breach of confidentiality;
                                          . Gross negligence;
                                          . Incompetence;
                                          . Gross misconduct

3. The employer must prove for the purposes of any proceedings before the
Industrial Tribunal that he or she honestly and reasonably believed that the
employee had committed the misconduct.

THE EMPLOYMENT ACT 2001

 Key Points
                                         Unfair Dismissal
1. Every employee has the right-not-to be-unfairly dismissed by his or her
employer.

2. The dismissal of an employee by an employer is deemed to be unfair where the

employee's rights have been breached by the employer: 

Example:

· An employee who have has joined an independent trade union or proposed

to be a member;

· Had taken part or proposed to take part in the activities of an independent

trade union;

· Had refused or proposed to refuse to become or remain a member; The

complainant was taking part in a lawful industrial action; Was selected for
dismissal in contravention of a customary arrangement or agreed procedure
and no special reasons justifying a departure from that arrangement; Is
pregnant or any other reason connected with her pregnancy.

3. Remedies for unfair dismissal.

Tribunal may order reinstatement or re-engagement; Tribunal shall make an

award of compensation for unfair dismissal should the employer fail to
reinstate or re-engage the employee as ordered by the Tribunal.

4. Calculation of basic awards.

From the date of termination reckoning backwards the number of completed years, allowing,
three (3) weeks pay for each year of employment.

5. Compensatory awards.

· The amount of compensation shall not exceed eighteen (18) months pay;
· Supervisory or managerial employees shall not exceed twenty-four (24)
months pay.

THE EMPLOYMENT ACT 2001

Key Points

WAGES

1. Wages must be paid in the currency of the Commonwealth of The

Bahamas for any work within the Bahamas.

2. Where an employer pays the employee by cheque, draft or money order

and it is dishonored or unpaid, a sum of money equal to fifteen (15%) percent
of the amount specified in such draft, cheque or money order are recoverable
before the magistrate of the district/island where the employee resides.

3. Every employer shall keep a register of wage payments and accounts in

respect of each employee for a period of three (3) years.

4. 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.

5. 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 License Act or in any shop or store.

                                                                   RESTRICTIONS

1. An employer may make deductions from wages payable to an employee in

accordance with the terms of any agreement made with the employee.

2. The total amount of such deductions made in any one period shall not
exceed one fifth (1/5) of the amount of wages payable to that employee.

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

                                                                                PENALTY

Any employer or his agent who contravenes any of the provisions of this part
is liable to a fine of five hundred ($500) dollars for the first offence and one
thousand ($1,000) dollars for a second or subsequent offence.

MINIMUM WAGE ACT 2001

Key Points

THE ACT

The provision of this ACT shall apply in relation to any employee employed in
Any form of employment in The Bahamas.

The Act does not apply to industrial agreements existing on the date this ACT came
into force on January 21st, 2002.

Shall not apply to children and young persons.

WAGES

Includes every form of remuneration (pay) for work performed, but does no
include tips., bonuses or other gratuities.

THE MINIMUM WAGE IS FIXED AS:

· If you are employed by the week, the MINIMUM wage shall be one hundred and
fifty dollars ($150.00) per week.

· If you are employed by the day, thirty dollars per day ($30.00).

· If you are employed by the hour, four dollars per hour ($4.00/hr).

This only applies where the employee was earning less than the minimum wage on or
before January, 21, 2002.

MINIMUM WAGE ACT 2001

Key Points
ENFORCEMENT OF MINIMUM WAGE

A contract of employment made before or after January 21st, 2002, MUST

PAY the statutory MINIMUM WAGE.

The Penalty for an employer not paying the MINIMUM WAGE is

FIVE THOUSAND DOLLARS.

It is illegal for an employer to receive either directly or indirectly any payment

or premium from an apprentice employee.

LABOUR INSPECTORS WILL be appointed to ensure compliance with this

ACT, THE EMPLOYMENT ACT, or Regulations.

The employer is required to keep records of wages and related payments for
three years (3yrs).

An Inspector will be furnished with a photo identification and a WARRANT

signed by the Minister of  Labour.

An Inspector is not authorized to enter a private dwelling house for inspection.

HEALTH AND SAFETY AT WORK ACT, 2001

Key Points

PURPOSE:

* Ensuring the health, safety and welfare of persons at work;

* Protecting persons other than persons at work against risks to health or

safety arising out of or in connection with the activities of persons at work;

* Controlling the keeping and use of explosive or highly flammable or

otherwise dangerous substances, and generally preventing the unlawful
acquisition, possession and use of such substances.

2. DUTIES OF EMPLOYERS TO EMPLOYEES

* -Every employer shall ensure, so far as is reasonably practicable, the health,
safety and welfare at work of all  his employees.

* Provide and maintain the workplace so far as is reasonably practicable, safe

and without risks to health;

* The employer shall ensure, so far as is reasonable practicably, safety and

absence of disks: to health in connection with the use, handling, storage and
transport of articles and substances;

* Shall provide information,. instruction, training and supervision as is

necessary to ensure the health and safety at work of his employees;

* It shall be the duty of every self-employed person to conduct his undertaking

in such a way as to ensure, that he and other persons who may be affected
thereby are not exposed to risks to their health or safety.

HEALTH AND SAFETY AT WORK ACT, 2001

DUTIES OF EMPLOYEES AT WORK.

2. Every employee while at work:

· Shall take reasonable care for the health and safety of himself and of other
persons who may be affected by his acts or omissions at work;

· Any duty or requirement imposed on your employer or any other person, you
are expected to co-operate so far as is necessary to enable that duty or
requirement to be performed or complied with.

HEALTH AND SAFETY AT WORK ACT, 2001

                                                                  Key Points

1. SUPERVISION AND COMPLIANCE:

The Minister will designate suitable qualified public officers as INSPECTORS

to ensure compliance with this ACT.

2. A PROHIBITION NOTICE

e Where an Inspector is of the opinion that, the activities will involve a risk of
serious personal injury,, the inspector may serve on that person a prohibition
notice.

The Inspector may direct that the activities to which the notice relates shall not be
.   

carried on by or under the control of the person on whom the noticed is served.

* A notice means an improvement notice or a prohibition notice.

* The notice may be withdrawn by an inspector at any time before the end of
the period specified.

. The period specified in the notice may be extended or further extended by an

inspector at any time when an appeal against the notice is not pending.

* A person on whom a notice is served may appeal to the Tribunal.

HEALTH AND SAFETY AT WORK ACT., 2001

CO-OPERATING AGENCIES
· A Customs Officer may assist an inspector in the exercise of his powers or
duties seize any imported article or imported substance and detain it for not
more than two working days.

· Working days does not include Saturdays, Sundays or public holidays.

· Any person found guilty of an offence shall be liable to a fine

of FIVE THOUSAND DOLLARS.

HEALTH AND SAFETY AT WORK ACT, 2001

                                                            Key Points

1.    ADVISORY -COUNCIL.

· An Advisory Council for Health and Safety shall be appointed by the

Minister.

· The Council shall consist of a chairman and not less than ten other persons of
whom:

(a) three shall be appointed after consultation with the employers organizations;

(b) three shall be appointed after consultation with the workers organization;

(c) one shall be appointed by the Minister of Health;

(d) one shall be appointed by the Minister responsible for Building

Regulations;

(e) one shall be appointed by the Director of Fire Services; and

(f) An inspector designated by the Minister of Labour.

2. A member of the Council, other than the inspector, shall hold office for a
period not exceeding three years,, and shall be eligible for re-appointment.

HEALTH AND SAFETY AT WORK ACT, 2001

REGULATIONS

   Different regulations may be made for different places of employment.

   Regulations will be developed in consultation with the Advisory Council.

   At every place of employment where twenty or  more persons are employed,
the  
   Employer   shall cause a committee to be established to be known as a
health 
   and safety committee.

    All expenses incurred for the purposes of this Act shall be defrayed out of 
    moneys provided by Parliament.

THIS ACT BINDS THE CROWN.