EMPLOYMENT ORDINANCE 2004
(Ordinance 21 of 2004)
Arrangement of Sections
Part I
Preliminary
Section
1. Short title and commencement
2. Interpretation
Part II
Particulars of Terms of Employment
Written particulars of terms of employment
3. Contract of employment
4. Employer to prepare written contract
5. Written particulars of terms of employment
6. Supplementary provisions relating to statements under section 3
7. Changes in terms of employment
8. Powers of Governor to require further particulars
9. Employment of minors
10. Scope
11. Continuity of employment
12. Disposal of business
13. Maternity leave
Itemised pay statements
14. Right to itemised pay statement
Enforcement of rights under Part II
15. References to the Tribunal
PART III
Remuneration of Employees, Etc.
Manner and time of payment of wages or
salary,
authorised deductions, etc
16. Payment of wages or salary in cash or in other authorised ways
17. Payment of wages or salary by post
18. Deductions authorised to be made from payments of wages or salary
19. Time and place of payment of wages or salary
20. Stipulations as to spending of wages or salary prohibited
21. Recovery of wages or salary free of set‑off and with interest
22. Penalties against employers
Minimum wages
and salary, holiday remuneration,
severance pay, etc
23. Power of Governor to make orders fixing remuneration, etc
24. Effect and enforcement of orders under section 234
25. Permits to infirm and incapacitated persons
26. Computation of remuneration
27. Apportionment of remuneration
28. Employers not to receive premiums
29. Records and notices
Evidence and enforcement
30. Criminal liability of agent and superior employer, and special defence open to employer
31. Appointment of Commissioner and inspectors
32. Penalties for false entries in records, producing false records or giving false information
33. Power to obtain information
Part IV
Protection Against Unlawful Discrimination
34. Objectives
35 Definition of discrimination
36 Matters relating to Employment
37 Occupational qualifications exists
38. Special measures
39 Sexual harassment
40. Promotion of equal remuneration
41. Discrimination by firms
42. Discrimination by organizations
43 Unlawful conduct
44. Association of employers
45. Discrimination by employment agencies
46. Discrimination in other areas
47. Requirement
48. Publishing and advertising
49. Discrimination
50. General exceptions
51. Religious bodies
52. Offences related to discrimination
53. Victimization
54. Burden of proof
55. Proof of exceptions
56. Penalties
57. Remedies
PART V
Termination of Employment
58. Rights of employer and employee to a minimum period of notice
59. Probationary period and invalid reasons
60. Summary dismissal
61. Employee’s termination
62. Warnings
63. Rights of employee period of notice
64. Payment in lieu of notice
65. Intimidation
66. Written statement of reasons for dismissal
PART VI
Unfair Dismissal
67. Right of employee not to be unfairly dismissed
68. Meaning of “dismissal”
69. General provisions relating to fairness of dismissal
70. Dismissal relating to trade union membership
71. Dismissal on grounds of redundancy
72. Singled out for dismissal
73. Preference to laid-off employee
74. Insolvency and winding-up
75. Redundancy benefits
76. Dismissal of replacement
77. Dismissal in connection with a lock‑out, strike or other industrial action
78. Pressure on employer to dismiss unfairly
79. Certificate of employment
80. Disciplinary action other than dismissal
81. Complaint to tribunal
82. Employer to prove reason for dismissal
Remedies for unfair dismissal
83. Reinstatement or re‑engagement
84. Supplementary provisions relating to complaints
85. Remedies for unfair dismissal
86. Order for reinstatement or re‑engagement
87. Supplementary provisions relating to section 87
Amount of compensation
88. Enforcement of orders for reinstatement or re-engagement and compensation
89. Compensation for unfair dismissal
90. Calculation of basic award
91. Calculation of compensatory award
92. Limit on compensation
PART VII
Resolution of Disputes Relating to Employment
93. Establishment of Labour Tribunal
94. Composition of tribunal
95. Duties and powers of the President of the tribunal
96. Dispute to be first reported to commissioner or inspector
97. Power of Tribunal
98 Questions of law
99. National Security
100. Other powers
101. General provisions as to conciliation
PART VIII
Miscellaneous
10.2 Restrictions on contracting out
103. Employment outside the Islands
104. Employment agencies
104A. Regulations
105. Work Permit
106. Contracts for a fixed term
107. Miscellaneous classes of employment
108. Posting of copy of Ordinance and Regulations
109. Abolition of doctrine of common employment
110. Penalties Gratuities
111. Repeal and savings
SCHEDULE
Rights of employee in period of notice
turks and caicos islands
EMPLOYMENT ORDINANCE 2004
(Ordinance 21 of 2004)
Assent................................................................
October 15, 2004
Publication in Gazette ...................................... October 26, 2004
Commencement.................................................. October 26, 2004
An Ordinance To Regulate
The Terms Of Employment and for connected purposes.
ENACTED by the Legislature of the Turks and Caicos Islands.
Part I
Preliminary
|
Short title and commencement |
1. This Ordinance may be cited as the Employment Ordinance 2003 and shall come into operation on such day as the Governor may appoint by notice published in the Gazette.
|
Interpretation |
2. (1) In this Ordinance, unless the context otherwise requires —
“act” and “action” each includes omission;
“assessor” means, a person of skill and experience in the matter to which the proceedings of a tribunal relate;
“collective agreement” means a written agreement between an employer or an employers organisation authorised by the employer, and a trade union concerning terms and conditions of employment and other matters of mutual interest;
“commission agent” means an agent or employee who is remunerated by commission;
“Commissioner” means the person appointed as the Commissioner of Labour under section 31;
“confinement” means the birth of a living child or the birth of a child whether living or dead after twenty-eight weeks of pregnancy;
“constructive dismissal” means termination of a contract of employment by the employee as a result of conduct by the employer such as to make it unreasonable to expect the employment relationship to continue.
“continuous employment” means an employee’s period of uninterrupted employment with the same employer or the successor-employer;
“contract worker” means a person who performs work for another person under a contract between the employer of the first-mentioned person and that other person;
“dependent contractor” means a person, whether or not employed under a contract of employment, who performs work or services for another person for compensation or reward on such terms and conditions that he or she is in relation to that person in a position of economic dependence on, and under an obligation to perform duties for that person more closely resembling the relationship of employee than that of an independent contractor;
“disabled person” means an individual whose prospects of securing, retaining, and advancing in suitable employment are substantially reduced as a result of a physical or mental impairment certified by a health practitioner;
“effective date of termination” has the meaning given by subsections (4) to (6) of section 69;
“employee” means a person who offers his or her services under a contract of employment, a dependent contractor and includes, where appropriate, a former employee;
“employee share ownership plan” means a plan by which employees acquire shares of the company they work for;
“employer” means a person or undertaking, corporation, company, public authority or body of persons who or which employs another person under a contract of employment or uses the services of a dependent contractor, commission agent or a contract worker; and includes an associated employer, the heirs, successors and assigns of an employer;
“employment” includes -
(a) part time employment and employment under an employment contract;
(b) employment under a contract for services;
(c) engagement as a commission agent.
“employment agency” means a person who, whether for payment, or not, assists persons to find employment or assists employers to find employees;
“employment contract” or “contract of employment” means a contract, whether expressed or implied and whether written in accordance with this Ordinance or oral, whereupon it is agreed that one person (the employee) will perform certain services or labour for another (the employer); and shall include a contract of apprenticeship or probation;
“family responsibilities” means responsibilities in respect of a dependent family member as a result of marital status;
“health practitioner” means a person registered under the Health Practitioners Ordinance as being authorised to practice in one or more Health Professions;
“homework” means the doing of work in the manufacture, preparation, improvement, repair, alteration, assembly or completion of an article or part of an article by a person for wages in premises occupied primarily as living accommodation;
“homeworker” means an employee who works in the manufacture, preparation, improvement, repair, alteration, assembly or completion of an article or part of an article for wages in premises occupied primarily as living accommodation;
“independent trade union” means a trade union which—
(a) is not under the domination or control of an employer or any group or association of employers; or
(b) is not liable to interference by an employer or a group or association of employers arising out of the provision of financial or material support or by other means tending towards such control;
“inspector” means an inspector appointed under section 31;
“Labour Tribunal” means the Labour Tribunal established by section 93;
“lockout” means an employer’s closing of an enterprise or place of business, his or her suspension of work, or refusal to continue to employ any number of employees, with a view toward inducing or compelling employees directly or indirectly, through their bargaining agent, to accept conditions of employment which have been offered to the employees and which have been rejected by them; and the term includes such action designed to induce or compel acceptance by the employees, or their bargaining agent, of another employer, of conditions of employment so offered and rejected;
“managerial employee” means an individual who has managerial responsibilities and who works under a contract of employment;
“marital status” means the status or condition of being-
(a) single;
(b) married;
(c) married but living separately and apart from one’s spouse;
(d) divorced; or
(e) widowed.
“maternity leave” means absence from work for the purposes of confinement and recovery of health after confinement;
“Minister” means Minister responsible for labour;
“principal” means-
(a) in relation to a commission agent, a person for whom work is done by that commission agent;
(b) in relation to a contract worker, a person for whom a contract worker performs work otherwise than under a contract of employment;
“probationary period” means the period which may be designated as such during the 3 months following the date on which the employment of an employee by an employer commences, or such shorter or longer period of not more than 6 months in total following that