Antigua and Barbuda Labour Code - Laws

LAWS OF ANTIGUA AND BARBUDA 

Antigua and Barbuda Labour Code (CAP. 27 1 

CHAPTER 27 

THE ANTIGUA AND BARBUDA LABOUR CODE 

Arrangement of Sections 

Section 

DIVISION A 

Declaratory 

Al. Short title. 

A2. Intent underlying enactment. 

A3. National policy underlying Code. 

A4. Organization and content of the Code. 

A5. Interpretation. 

A6. Employers and employees affected. 

A7. Enforcement against Government as an employer. 

A8. Establishment of working condition above minimum 

standards in Code. 

A9. Access to machinery of Code. 

A10. Conflict between provisions and existing law. 

A1 1. Effective date. 

Administration 

Short title. 

National policy. 

Interpretation. 

Overall responsibility. 

Responsibilities of Labour Commissioner. 

Responsibilities of Minister on section B5 referrals 

by Labour Commissioner. 

Labour Board: its creation, composition, respon- 

sibilities, procedures and compensation. 

Arbitration Tribunal: its creation, composition, 

responsibilities, procedures and .compensation. 

Hearing officers.


2 CAP. 27) Antigua and Barbuda Labour Code 

Procedures before decisional officer, generally. 

Independence of decisional officers. 

Remedial powers of decisional officers. 

Board of Review. 

Responsibilities of Labour Commissioner as to deci- 

sions of decisional officers. 

Responsibilities of Labour Inspectors. 

Duty of secrecy. 

Requirements for Regulations, etc., implementing 

Code. 

Effective date generally. 

Preliminary steps re Labour Board. 

Preliminary steps re Arbitration Tribunal. 

SCHEDULE. 

C 1. Short title. 

C 2. National policy. 

C3. Interpretation. 

Basic Employment 

Commencement, Elementary Requirements, and 

Termination of Employment 

Discrimination because of race, etc. 

Statement of working conditions. 

Conformity with Code generally. 

Individual employment contracts. 

Probation period. 

Employer's notice of termination. 

Statements upon termination. 

Employee's notice of termination. 

Effective date. 

Leave Privileges 

C 13. Employees' leave rights generally. 

C14. Public holiday leave. 

C15. Public holiday pay. 

C16. Sick leave. 

C17. Sick leave pay.

C18. Vacation leave. 

C 19. Penalties. 

C20. Effective date. 



Remuneration and Hours of Work 

National minimum wage rate. 

Minimum wage rates for occupation. 

Penalty for not paying minimum wage. 

Rest periods; standard work periods; maximum work 

hours and exceptions. 

Penalties. 

Premium pay. 

Occasions for premium pay 

Penalties and remedies. 

Form of wages. 

Deductions. 

Statement of deductions. 

Periods, time and place of wage payments. 

Agreements re place and manner of spending wages. 

Penalties and workman's right to recover. 

Procedure where person other than employer is 

responsible. 

Work-accounts. 

Regulations. 

Limitation upon prosecution. 

Effective dates. 

Severance Pay 

Right to severance pay, generally. 

Computation of severance pay. 

Severance pay, when payable; temporary termina- 

tion; payment of interest. 

Lowering of pay because of redundancy. 

Limitations on severance pay; offer of equivalent 

employment. 

Liability of predecessor- and successor-employers. 

Record of hiring. 

Initiation of proceeding. 

Preliminary action by Labour Commissioner. 

Action by Minister on referral.



Dl. 

D2. 

Formal proceedings. 

Review of Hearing Officer's decision. 

Penalties for non-compliance. 

Regulations. 


Recovery of severance pay. 

Unfair Dismissals 

Right not to be unfairly dismissed. 

Termination after fixed term of employment. 

Good cause for dismissal; test for measuring same. 

Termination for misconduct or failure to perform 

duties in satisfactory manner. 

Initiation of proceedings. 


Action by Minister on referral. 




Regulations. 


Administration and Miscellaneous 

Responsibility for inspectors to ensure compliance. 

Establishment of higher standards. 


Employment Health, Safety and Welfare 

Short title. 


Application 

D3. General application. 

D4. Application to Government work places. 

D5. Responsibility where part of the building is separate 

workplace.



Extension of provisions. 

Exemptions. 

Non-exclusivity of these provisions. 

Minimum Requirements 

Registration of workplaces. 

Health. 

Safety. 

Welfare. 

Special protective measures. 

Duties of persons employed. 

Prohibition of deduction of wages. 

Issuance of regulations and orders. 

Accident and safety programme. 


Responsibility for administration. 

Duty to permit entry and furnish means to inspector. 

Special powers of inspector. 

Offences, Penalties and Legal Proceedings 

Offences. 

Multiple or continuing offences. 

Penalties for specific offences. 

Penalties for offences for which no express penalty 

provided. 

Power to issue regulations includes power to prescribe 

penalties for contraventions thereunder. 

Power of court to order cause of contravention to be 

remedied. 

Penalties for persons actually committing offence for 

which operator is liable. 

Proceedings where inspector or operator believes the 

offender to be other than operator. 

Prosecution of offences and recovery and applications 

of fines. 

Special provisions as to evidence.



El. 

E2. 

E3. 

E4. 

E5. 

E6. 

E7. 

E8. 

E9. 

E10. 

El 1. 

E12. 

E13. 

Service and sending of documents. 

Power of Court to modify agreements and apportion 

expenses. 

Effectiveness, Repeal, etc. 

Saving. 


SCHEDULE. 

Women, Young Persons and Children 

(Employment) 

Short title. 


Prohibition of employment of children. 

Liability of parent or guardian. 

Restrictions in employment of young persons. 

Registers to be kept. 

False certificate or representation as to age. 

Equal pay for women. 

Liability of agent of employer. 

Inspection of premises. 

Regulations. 

Penalty for contraventions not expressly provided. 


Short title. 

Work Permits 

Application. 

Prohibition against employment. 

Applications for work permit. 

Action upon application for work permit. 

Penalty applicable to employees or self-employed 

persons. 

Penalty applicable to employers. 

False statements in application, etc. 

Fees. 

Regulations.



F12. Repeal. 

F13. Effective date. 

F 14. Transitional. 

FIRST SCHEDULE. 

SECOND SCHEDULE. 

THIRD SCHEDULE. 

GI. Short title. 

G2. Interpretation 

Trade Unions 

General Principles 

Legality of action in pursuance of statutory objects. 

Combinations with objects other than statutory 

objects. 

Suits by and against trade unions. 

When trade union cor.tracts not enforceable. 

Prohibition of actions of tort against trade unions. 

Removal of liability for restraint of trade. 

Removal of liability for breaching employment con- 

tract, etc. 

Promises not to join unions. 

Conspiracy in relation to trade disputes. 

Limitations on injunctive relief in trade disputes. 

Limitations upon responsibility for unlawful acts of 

others. 

Application of union funds. 

Amalgamation of unions. 

Membership of minors. 

Falsely obtaining or misapplying union effects. 

Formation of union. 

Subsequent actions. 

Filing of collective agreements. 

Circulating false copies of rules, etc. 

Acts not applicable to unions. 

General Principles Applicable to Registered Trade Unions 

G23. Ownership of property.



G24. Absence or disability of trustees. 

G25. Limitation of responsibility of trustee. 

G26. Effective date. 

Miscellaneous 

Bargaining Agents Registration 

HI. Short title. 

H2. Interpretation. 

H3. Eligibility of bargaining agents for registration. 

H4. Application for registration. 

H5. Action upon application for registration. 

H6. Principles of conduct for registered trade unions. 

H7. Principles of conduct for registered employers 

organizations. 

H8. Requirements of registered bargaining agents, in 

general. 

H9. Renewed registration. 

H10. Withdrawal or cancellation of registration. 

HI 1. Duty of secrecy. 

H 12. Regulations. 

H13. Additional duties of Labour Commissioner. 

H14. Disposition of fees. 

H15. Effective date. 

Employee-Representation Questions (Resolution) 

J1. Short title. 

52. National policy. 

53. Interpretation. 

54. Right of exclusive representation. 

55. Method of resolving representation questions, 

generally. 

J6. Initiation of proceeding. 

57. 

58. 

J9. 




J10. Review by Board of Review. 

Jl 1. The secret ballot.



J 12. Certification by Labour Commissioner. 

513 Effect of certification as sole bargaining agent. 

J 14. Informal recognition as sole bargaining agent. 

J 15. Regulations. 

J 16. Effective date. 

K1. Short title. 

K2. Interpretation. 

Industrial Relations (Regulation) 

Protection of Self-organizational Rights 

Employees' self-organizational rights. 

Infringements on employees' self-organizational 

rights. 

Initiation of proceeding. 







Trade Disputes 

K12. General application. 

K13. Meaning of major trade dispute. 

K14. Initiation of proceeding. 

K15. Action of Minister on referral. 

K16. Formal proceedings. 

K17. Penalties for non-compliance. 

K18. Effective date. 

Industrial Action 

K19. Right to industrial action. 

K20. Limitations. 

K2 1. Application of limitations.



K22. Penalties and sanctions. 

K23. Special provisions re certain services. 


PART 4 

Collective Agreements 

K25. Duties of Labour Commissioner re collective 

agreements filed. 

K26. Parties' intent as to enforceability. 

K27. Enforceability of collective agreements. 


K29. Regulations. 

K30. Effect date. 

SCHEDULE. 

Administration and Miscellaneous



LABOUR CODE 

(19th September, 1975.) 1411975. 

311976. 

S.R.O. 711976. 

S.R.O. 4611981. 

S.I. 2311982. 

S.R.0.45/1984. 

711989. 

1811989. 

DIVISION A 

Declaratory 

A1. This Act may be cited as the Antigua and Short title. 

Barbuda Labour Code and this Division of this Act may 

be separately cited as the Antigua and Barbuda Labour 

Code (Declaratory) Division. 

A2. It is the intent of the Legislature, to bring Intent underlying 

enactment. 

together, insofar as is practicable, all legislation applicable 

to employment, employment standards, and industrial rela- 

tions in Antigua and Barbuda so that- 

(i) employers and employees can more 

expeditiously ascertain information as to their 

rights and responsibilities; 

(ii) persons inside and outside Antigua and 

Barbuda considering the investment of funds 

in enterprises to be based in Antigua and 

Barbuda will have a centralised source of 

information as to the rights and responsibilities 

of management and of labour; and 

(iii) legislation can be more amenable to revision, 

when revision is appropriate. 

A3. As further amplified in the various Divisions of ~ ; ~ ~ $ ~ ~ ~ 

this Code, it is hereby declared that the following expres- 

sions of national policy underlie and shall be used in the 

interpretation of the various provisions of this Code:



(1) The interests of workers, employers, and the public 

should be taken into account and their representative 

organizations duly consulted in connection with the formula- 

tion and periodic revision of the law relating to labour and 

in connection with the resolution of issues arising in the 

enforcement of said laws. 

(2) Employers should compete on the basis of 

managerial efficiency and ability rather than on the basis 

of their employees 7 

working conditions. 

(3) The employment conditions of each worker should 

be those which, at the least, will enable him to provide himself 

and his family with the amenities of life to which all human 

beings are entitled. 

(4) The employment conditions of workers should be 

those which serve to preserve their health, safety, and welfare, 

and to prevent industrial accidents. 

(5) Workmen should be free to associate with one 

another or with a trade union to improve their lot, without 

interference, restraint, or coercion. 

(6) Equality of bargaining power between employees 

and their employer is to be encouraged as a means of 

providing a channel of free communication, of equitably 

resolving problems related to working conditions, and of 

forestalling avoidable interruptions of production. 

(7) Government should provide machinery for the 

speedy resolution of any question concerning representation 

of employees by bargaining agents; and, upon resolution of 

any such question, should require employer recognition of 

the registered trade union which is the choice of the majority 

of the involved employees. 

(8) Collective bargaining, free of external interference, is 

to be encouraged; but where free collective bargaining fails, 

Government should provide machinery for the resolution of 

questions whose continued existence may harm the economy 

of Antigua and Barbuda.



(9) The increase in production and in purchasing power 

which will result from the application of the above principles 

will benefit workers, employers and consumers and finally 

will advance the overall socio-economic level of Antigua and 

Barbuda. 

A4. (1) This Code is composed of a number of Divi- ~~';"d;'~~d 

sions the first constituting a declaratory Division and the code. 

other nine Divisions each constituting a Division dealing with 

one or more facets of employment and labour relations. 

I 

(2) The Code is composed of the following Divisions: 

(a) bivision A Antigua and Barbuda Labour Code 

(Declaratory) Division; 

(b) Division B Antigua and Barbuda Labour Code 

(Administration) Division; 

(c) Division C Basic Employment Division; 

(d) Division D Employment Health, Safety and 

Welfare Division; 

(e) Division E Women, Young Persons, and 

Children (Employment) Division; 

03 Division F Work Permits Division; 

(g) Division G Trade Unions Division; 

(h) Division H Bargaining Agents' Registration 

Division; 

(i) Division J Employee-Representation Questions 

(Resolution) Division; and 

6) Division K Industrial Relations (Regulation) 

Division. 

A5. In this Code unless the context otherwise re- Interpretation. 

quires, or the particular Division otherwise specifies- 

"Arbitration Tribunal" means the body established by 

section B8 and each member thereof may be refer- 

red to herein as a "Code Arbitrator"; 

"bargaining agent" or "bargaining representative" 

means the person, organization, or trade union duly



designated or authorized to represent either 

employer or employees in negotiating the working 

conditions of employees; in negotiating the terms 

of a collective agreement embodying said condi- 

tions and, if such agreement is reached, to execute 

the same; in administering said agreement on behalf 

of its respective principal; and, generally, in 

representing its respective principal for the life of 

its designation or authorization on all matters 

relating to said conditions of work; 

6 6 

bargaining unit" means that group of employees in 

relation to whom collective bargaining is, or could 

appropriately be, carried on between an employer 

or his bargaining agent and a bargaining agent of 

such group of employees; 

"Code" means the Antigua and Barbuda Labour Code; 

6 6 collective agreement'' means any contract between an 

employer or his bargaining agent and a group of 

employees or their bargaining agent, governing the 

working conditions of such employees; 

"Comptroller of Customs 7 

' means the officer for the 

time being lawfully discharging the duties of Comptroller 

of Customs or anyone authorized by him 

in writing to act on his behalf. 

"conditions of work" or "conditions of employment" 

refers to the elements of hire and termination of 

employment; to the remuneration, hours, duties 

and the surrounding terms of employment; and to 

all other factors directly related to the employment 

arrangement; 

"Division" means a Division of this Code; 

"employee" means any person who enters into or works 

under or stands ready to enter into or work under, 

a contract with an employer, personally to perform 

any services or labour, whether the contract be oral 

or written, expressed or implied; and the term in- 

cludes a person whose services or labour have been 

interrupted by a suspension of work during a period 

of leave, temporary lay off, strike, or lockout, as


Antigua and Barbuda Labour Code (CAP. 27 

well as an apprentice whose services or labour may 

be designed primarily to train such apprentice; but 

the term does not include established employees of 

the Government; 

" employer" means any person, including any of his 

representatives, who contracts for or stands ready 

to contract for the services or labour of an employee 

and the term includes any body of persons corporate 

or incorporate; 

6' 

'6 

employers' association 7 

', means any organization in 

which employers participate, and which exists for 

the purpose, in whole or in part, of dealing with 

trade unions on behalf of employers over conditions 

of work; and the term covers any such 

organization registered under Division H (thereby 

acquiring various rights and privileges under this 

Code) as well as those not registered thereunder 

(thereby only subjecting them to the duties and 

responsibilities imposed by the Code); 

employment contract" means any contract, whether 

expressed or implied and whether written or oral, 

whereunder it it agreed that one person (the 

employee) will perform certain services for another 

(the employer); and the term shall include any in- 

denture or contract of apprenticeship; 

"essential service" means one of the services specified 

in the Schedule to Division K; 

"established employee" means a Civil Servant or a per- 

son employed by the Government whose salary is 

paid from or out of personal emoluments included 

in the Official Estimates of Antigua and Barbuda; 

6' 

grievance" means any complaint or expression of 

dissatisfaction whether or not justified, on the part 

of employees or employers, or their bargaining 

agents, concerning existing working conditions; and 

the term includes any failure to honour a term of 

a contract of employment; 

"industrial action" means any strike or lockout; 

"Labour Commissioner" means the Chief Public Officer 

of the Labour Department;



Cap. 292. 

"lockout" means an employer's closing of an enterprise 

or business place, his suspension of work, or his 

refusal to continue to employ any number of his 

employees, with a view toward inducing or com- 

pelling employees directly, indirectly, or through 

their bargaining agent, to accept conditions of 

employment which he has offered, which offer has 

been rejected; and the term includes such action 

designed to induce or compel the acceptance by the 

employees, or their bargaining agent, of another 

employer of conditions of employment which he 

has offered but which have been rejected; 

"Minister" means the Minister responsible for 

administering the respective provisions of this Code; 

"National Labour Board" means the body established 

by section B 7; 

" newspaper" shall have the meaning assigned thereto 

by section 2 of the Newspaper Surety Act. 

"non-established employee" means a person who is 

employed by the Government whose wage or salary 

is paid from or out of funds other than personal 

emoluments included in the Official Estimates of 

Antigua and Barbuda; 

"registered bargaining agent" means a bargaining agent 

who has been registered under Division H; 

" requirements", "obligations", or "provisions", 

include the requirements, obligations, or provisions 

of any regulations or orders made under this Code; 

"Schedule" means Schedule to the Division of this Code 

within which the reference occurs; 

"strike" means a partial or total withdrawal of services 

from an employer by two or more of his employees, 

in concert or pursuant to a common understanding, 

or at the request or upon the order of their bargain- 

ing agent, either (a) as a protest against a condi- 

tion of work or employer action related thereto, 

or (6) as a device to induce or compel their 

employer, or his bargaining agent, to accept con- 

ditions of employment which they have requested,



which request has been refused; and the term 

includes such action designed to induce or compel 

the acceptance by another employer, or his bargain- 

ing agent, of conditions of employment which his 

employees have requested, which request has been 

refused; and the term further includes picketing 

related to working conditions and/or labour rela- 

tions, generally, whether by employees or non- 

employees and whether or not signs are carried or 

posted and whether or not literature is being 

distributed; 

"trade dispute" (or "industrial dispute 7 

') means any 

disagreement between employer and workers or 

between worker and worker over conditions of 

employment, the engagement or non-engagement 

or termination or suspension of employment of one 

or more workers, the allocation of work as between 

workers or groups of workers, the terms or interpretation 

of a collective agreement, or any other 

matter relating to the employer-employee relationship, 

which disagrement has led, or may lead, to 

an interruption of employment by lockout or by 

strike; 

< < trade union" means any organization in which 

employees participate, and which exists for the pur- 

pose, in whole or in part, of dealing with employers 

on behalf of employees over conditions of work; 

and the term covers both such organizations as are 

registered under Division H (thereby acquiring 

various rights and privileges under this Code) as 

well as those not registered thereunder (thereby only 

subjecting them to the duties and responsibilities 

imposed by the Code); 

6 L wages" means any money or other thing paid or con- 

tracted to be paid, delivered, or given at periodic 

intervals, as recompense, reward, or remuneration 

for services or labour done or to be done; 

"working conditions" is used synonymously with "con- 

ditions of work", and 

L c workman" is used synonymously with "employee".

Employers and 

employees 

affected. 

Enforcement 

against 

Government as 

an employer. 

Establishment 

of working 

conditions above 

minimum 

standards in 


Access to 

machinery of 



CAP. 27) Antigua and Barbuda Labour Code 

A6. (1) To the extent that provisions of this Code 

apply to employers, they shall apply to all employers 

operating or doing business in Antigua and Barbuda, 

including the Government as the employers of its non- 

established employees; but they shall not bind the Govern- 

ment as the employer of its other employees. 

(2) To the extent that provisions of this Code apply to 

employees, they shall apply to all employees of employers 

operating or doing business in Antigua and Barbuda, 

including the non-established employees of the Government; 

but they shall not apply to- 

(a) established employees of the Government; 

(b) persons in the naval, military, or air forces of 

the Government; 

or 

(c) the Police Force; 

(d) persons holding the status of diplomatic agents; 

(e) persons employed by the United Nations or its 

specialised agencies. 

A7. To the extent that the Government as an 

employer is in contravention of any provisions of this Act or 

any regulations or orders thereunder, which contravention is 

described therein as an offence carrying with it a liability 

upon summary conviction to a term of imprisonment or a 

fine, the court shall issue an order declaratory of the rights 

of the parties. 

A8. Nothing herein shall be construed as prohibiting 

an employer, either unilaterally, by individual contract with 

an employee or with employees, or by collective agreement 

with employee representatives, from establishing working 

conditions more advantageous to employees than those 

minimum standards which are set forth in this Code. 

A9. Bargaining agents, whether employers' associa- 

tions or trade unions, shall not have access to the machinery 

provided under this Code if they do not possess a current 

certificate of registration under Division H.



AlO. To the extent that there may be conflict be- Conflict between 

provisions and 

tween any provision of this Code and any provision of existing .,iSting law. 

law not specially repealed in one or another of the Divisions 

herein, the applicable provision of this Code, as of its effec- 

tive date, shall prevail over said provision of existing law. 

A . The provisions of this Division shall become Effective date. 

effective immediately upon enactment. 


B1. This Division may be cited as the Antigua and Short title. 

Barbuda Labour Code (Administration) Division. 

B2. It is hereby declared that the following principles National policy. 

shall govern the administration of the Code: 

(1) Responsibilities shall be futed, so that administrators, 

employers and employees and their representatives, and the 

general public shall know wherein the responsibility for the 

administration of each provision lies. 

(2) Voluntary adjustment or settlement of issues, 

without formal action by the administrators, is to be 

encouraged; and any such adjustment or settlement, unless 

clearly contrary to the purposes of the Code or of any of 

the Divisions, shall be accepted as dispositive of the issues 

thus adjusted or settled. 

(3) Uniform procedures, to the extent practicable, shall 

be established and publicized. 

(4) Where standards or criteria are set forth in one or 

another provision of the Code, they shall be adhered to in 

the administration thereof. 

(5) Administration of the Code shall be speedy. 

(6) To the extent practicable, all actions taken by 

administrators of the Code shall be recorded in writing and, 

except where they are self-evident, reasons for the actions 

shall be set forth in such writings.



(7) Actions of administrators of the Code shall be 

publicized to the extent practicable: 

Provided, however, that nothing herein should be con- 

strued as requiring that the efforts of said administrators to 

secure voluntary adjustment or settlement of issues, or the 

actions or statements of parties engaged therein, shall 

necessarily become matters of public knowledge. 

(8) Persons to whom the administration of one or other 

of the provisions of the Code is entrusted shall act, in con- 

nection therewith, impartially and without interference. 

Interpretation. B3. In this Division, unless the context otherwise 

requires- 

"Board of Review" means the three members of the 

Labour Board who have been selected to sit in 

review of any matter as specified in section B 13; 

"decisional officer" means the Code Arbitrator or Ar- 

bitrators or the Hearing Officer to whom a matter 

has been referred for formal handling under sec- 

tion B 6 (2) (6) and includes the members of the 

Labour Board if and when they are acting on a 

Board of Review under section B 13; 

"formal handling" means the decisional process to which 

a matter is subjected pursuant to section B 6 (2) 

(6); it commences with the order of referral and con- 

cludes with the issuance and delivery of a decision 

or, if there is any request for a review thereof, with 

the decision on review; 

"infringements" refers to acts which may be deemed 

to be violative of employees' self-organizational 

rights, as covered by Part I of Division K; 

'6. 

~nspector" means a Labour Inspector within the 

Labour Inspection Service of the Labour 

Department; 

"major trade dispute" is a trade dispute as described 

in section K 13; 

" recognition-question" refers to any employer's obliga- 

tion or non-obligation to treat with the collective 

bargaining agent of his employees;


Antigua and Barbuda Labour Code (CAP. 27 2 1 

" representation-question"refers to any question arising as 

to the employees' choice of bargaining agent, as cov- 

ered by Division J; 

< ' severance pay" means the right to remuneration, 

and/or the amount thereof, which may be possess- 

ed by an employee upon the termination of his 

employment under certain circumstances, as 

covered by Part 4 of Division C; and 

"unfair dismissals" refers to terminations of employ- 

ment which may be deemed to be unfair dismissals 

covered by Part 5 of Division C. 

B4. Except where otherwise specified in this Code, overall 

responsibility. 

the Minister shall be responsible for the administration of 

the provisions of this Code; but in discharging this respon- 

sibility he may delegate authority to perform such acts as 

do not call for the exercise of his personal discretion. 

B5. (1) The Labour Commissioner shall be respon- Responsibilities 

of Labour 

sible for the administration of such provisions of the Code ~ommiss~oner. 

as are assigned him therein and in addition, as are assigned 

him by the Minister. 

(2) In addition to his other duties, he shall receive and 

cause to be recorded all questions, complaints, petitions, or 

notifications with respect to employer-employee relations in 

Antigua and Barbuda, and he shall take the preliminary steps 

thereon, namely- 

(a) Upon receipt of any such question, complaint, 

petition, or notification, he shall investigate the matter 

and shall make every effort to dispose of the issues rais- 

ed therein by voluntary adjustment or settlement, the 

terms of which adjustment or settlement are not clearly 

repugnant to the principles and purposes of the Code; 

and in pursuance thereof- 

(i) 

he may request the parties to meet with him, 

jointly or severally; 

(ii) he may request the parties to state the facts 

as they know them and to set forth their respec- 

tive positions on the issues;


2 2 CAP. 27) Antigua and Barbuda Labour Code 

(iii) he may request the parties to present witnesses 

to facts and he may, sua sponte, examine any 

person as to the matter, alone or in the 

presence of others, at his discretion; and 

(iv) he may utilize the processes of mediation or 

conciliation, or any other device designed to 

facilitate voluntary adjustment or settlement. 

(b) Failing to achieve voluntary adjustment or set- 

tlement, he shall transmit the matter, with a full report 

thereon, to the Minister. 

(3) In addition to his other duties, he shall act as ex- 

ecutive secretary for the National Labour Board created 

hereinbelow, for any decisional officer to whom a matter has 

been referred for formal handling under section B 6 (2) (c) 

and for any Board of Review. As such- 

(a) he shall ensure that the records of all pro- 

ceedings are maintained; and 

(b) he shall ensure that all reports and decisions 

are appropriately disposed of. 

(4) In addition to his other duties, he shall, to the extent 

practicable, hold himself ready to assist in the resolution of 

any question arising out of employer-employee relationships 

in Antigua and Barbuda, whether or not it arises by virtue 

of the provisions of this Code. 

B6. (1) In addition to his other duties, the Minister, 

Responsibilities 

of Minister on 

Section B5 upon receipt of a report of the Labour Commissioner transreferrals 

by mitted under section B 5 (2) (b), shall himself attempt to 

Labour 

Commissioner. 

achieve voluntary adjustment or settlement of the matter by 

taking whatever steps he deems appropriate. 

(2) Failing to achieve voluntary adjustment or 

settlement- 

(a) he may refer the matter back to the parties for 

private negotiations or resort to any machinery for 

resolving the issues which they have established or may 

establish, or for the pursuit of any legal action which 

may be available to them;



(6) he may refer the matter to the proper authorities 

if he believes prosecution for the commission of an 

offence is indicated; or 

(c) he may refer the matter for formal handling 

to a decisional officer who, under the Code, is vested 

with the responsibility of hearing and deciding such 

matter: 

Provided that- 

(i) the referral is in writing; 

(ii) the referral is transmitted to the Labour Com- 

missioner and copies are served on the parties 

concerned; 

(iii) the referral specifies the provisions under which 

the matter shall be heard; and 

(iv) if any matter involving an issue which under 

this code, is to be heard by an Arbitration 

Tribunal, the referral as a whole shall be to 

the Arbitration Tribunal. 

B7. (1) A National Labour Board is hereby created Labour Board: 

its creation, 

composed of representatives, in equal numbers, of the composition, 

Government, employers, and employees, selected as follows- responsibilities, 

procedures, and 

(a) four members representing Government, one 

member each nominated by the Ministers responsible 

for labour, for planning, for agriculture and for 

education: 

Provided that the Labour Commissioner may not be 

nominated as a member; 

(6) four members representing employers 

nominated by employers or employers associations 

designated by the Minister; 

(c) four members representing employees 

nominated by employees associations or trade unions 

designated by the Minister, 

who shall out of their own numbers have such person as 

chairman as the Minister may designate, who shall preside 

at all meetings of the National Labour Board and who shall 

himself designate another member to act as chairman in his 

absence. 

(2) The National Labour Board, shall meet in plenary 

session at least once per year and at other times-



(a) upon the instruction of the Minister transmit- 

ted to the chairman, which instruction shall set forth 

the purposes thereof, the chairman shall issue a call for 

a special meeting; setting forth the purposes therefor; or 

(b) upon receipt of the written request of at least 

one third of its members transmitted to its chairman, 

which request shall set forth the purposes thereof, the 

chairman shall issue a call for a special meeting, setting 

forth the purposes thereof. 

(3) (a) It shall be the principal responsibility of the 

National Labour Board periodically to review the Code 

in the light of the development, economic and social 

needs of Antigua and Barbuda and to advise the Minister 

on the need for changes in said Code. 

(b) In addition, members of the National Labour 

Board shall serve as a Board of Review as specified in 

section B 13 and shall discharge such other respon- 

sibilities as are assigned it in this and other Divisions 

and as are assigned to it by the Minister. 

(4) (a) Advance notice of any meeting of the National 

Labour Board, and a statement of the purposes of such 

meeting, shall be sent to each member and be posted 

by the Labour Commissioner upon the bulletin board 

of the Labour Department, there to be maintained for 

a period of not less than ten days prior to the opening 

of the meeting, and he shall also cause it to be publish- 

ed at least one week previously in all newspapers publish- 

ed in Antigua and Barbuda. 

(b) Persons wishing to be heard on the subject of 

a scheduled meeting of the National Labour Board may 

file a notice of same with the Labour Commissioner at 

least 24 hours in advance of said meeting. 

(c) The National Labour Board, to the extent prac- 

ticable, shall listen to anyone wishing to be heard on 

the subject of a particular meeting; but it may limit the 

time of any such speaker or it may require that the 

presentation be in writing. 

(4 In addition, the National Labour Board may 

call upon any Government Department for assistance 

in ascertaining facts with respect to the subject of a



meeting; and it may call upon persons unconnected with 

Government for assistance therein. 

(e) The absence of one or more members of the 

National Labour Board with respect to any of its 

deliberations shall not affect the validity thereof: 

Provided that not less than two members representing 

Government, two members representing employers and 

two members representing employees shall constitute 

a quorum. 

Cf) The results of the deliberations of the National 

Labour Board on any matter shall be incorporated in 

a written report addressed to the Minister containing 

recommendations and the reasons for such recommen- 

dations; and, with respect to any such report, specially 

concurring, minority, or dissenting reports may be 

prepared. -- 

&) The National Labour Board's report and any 

specially concurring or minority or dissenting report, 

shall be transmitted to the Minister by its executive 

secretary. 

(h) The executive secretary of the National Labour 

Board shall cause said report and any specially concur- 

ring or minority or dissenting report to be published 

in the Gazette within ten days of said transmission; and 

he shall thereupon cause a copy of said issue of the Gazette 

to be posted on the Labour Department bulletin board 

for a period of ten days. 

(5) (a) The National Labour Board shall be an 

Honorary Body, and each of its members shall be award- 

ed, for each year or fraction thereof of service thereon, 

an appropriate Certificate of Service signed by the 

Minister. 

(6) No member shall be given nor shall he accept 

financial remuneration for these services by the Govern- 

ment or by any other party; except that he may be given 

and he may accept the renumeration for services he 

would have been rendering during the time spent on 

National Labour Board business, from the person or 

persons, including the Government, for whom such ser- 

vices would have normally been rendered; and he shall

Arbitration 

Tribunal: its 

creation, 

composition, 

responsibilities, 

procedures, and 

compensation. 



be given and he may accept from the Government an 

allowance for any travel and travel subsistence expenses, 

to be fixed by the Minister after consultation with the 

Financial Secretary. 

(c) Any person who offers or any member who 

accepts financial remuneration contrary to paragraph 

(b) shall be guilty of an offence and liable on summary 

conviction to a fine of fifteen hundred dollars. 

(6) Each member shall hold office at the pleasure of 

his nominator. 

B8. (1) There is hereby created an Arbitration 

Tribunal to hear and determine any major trade dispute 

whose membership shall consist of not less than seven and 

not more than eleven Code Arbitrators at all times to be 

selected as follows- 

(a) Applications or nominations for membership 

on the Arbitration Tribunal, submitted by anyone, shall 

be considered, at special meetings called for the pur- 

pose, by the National Labour Board, who shall 

thereupon report to the Minister the results of its 

deliberations, including the extent of the affirmative and 

negative votes on any application or nomination. 

(b) After receiving the National Labour Board's 

report on its deliberations, as described in paragraph 

(a), the Minister shall select the members of the 

Arbitration Tribunal. 

(2) It shall be the responsibility of the Code Arbitrator 

or a Panel of Code Arbitrators, as the case may be, selected 

as prescribed in section K 16, to hear and determine major 

trade disputes referred under section B6 (2) (c). 

(3) In said hearing and determination, the Code 

Arbitrator or Panel of Code Arbitrators may be assisted by 

assessors designated by the parties to the dispute: 


(a) the number of assessors designated by each 

party shall not exceed the number of Code Arbitrators 

designated to hear and determine the trade dispute; and



(b) the validity of the hearing and determination 

of a trade dispute shall be unaffected by the failure of 

any party to the dispute to 'designate the assessoi-s to 

which it is entitled or by the failure of any designated 

assessor to assist in the hearing or determination. 

(4) The hearing shall take place as soon as possible 

after referral, but, the Code Arbitrator or the Panel of Code 

Arbitrators, as the case may be, may call the parties into pre- 

hearing conference for the purpose of narrowing issues. 

(5) At the hearing, the parties may present evidence 

on the issues; may argue orally; and may thereafter, in the 

discretion of the Code Arbitrator or Panel of Code 

Arbitrators, as the case may be, submit briefs within a time 

period set by him or them, as the case may be. 

(6) Within the time provided by the applicable provi- 

sion, the Code Arbitrator or Panel of Code Arbitrators, as 

the case may be, shall make a determination of the trade 

dispute. 

(7) The determination of the trade dispute shall be 

made by the Code Arbitrator or, in the case of a Panel of 

Code Arbitrators, by a majority of the members of such 

Panel; and such determination shall be incorporated in a 

decision issued by the Code Arbitrators or Panel of Code 

Arbitrators, as the case may be, as follows- 

(a) The decision shall be in writing. 

(b) The decision shall contain findings of facts, with 

explanations therefor in the event of conflicting evidence. 

(6) The decision shall contain a determination of 

all relevant issues presented, with the underlying reasons 

therefor. 

(8) Whenever more than one Code Arbitrator has been 

designated to hear and determine a trade dispute and any 

vacancy occurs in their number, the remaining members 

may, with the consent of the parties, act notwithstanding 

such vacancy; and such consent given, no act, proceeding, 

or determination of the remaining members shall be called 

into question or invalidated by reason of any such vacancy.



(9) (a) Code Arbitrators may or may not be employees 

of the Government and need not be citizens or residents 

of Antigua and Barbuda. With respect to matters refer- 

red to them for formal handling under section B6 (2) 

(c), they shall receive a token remuneration from the 

Government on an ad hoc basis i.e. for time actually 

spent as a result of such referrals, plus an allowance 

for any travel or travel subsistence expenses, said 

renumeration and allowance to be set by the Minister, 

after consultation with the Minister responsible for 

Finance. 

(b) The Code Arbitrators may, at their discretion, 

hold themselves out as available for the hearing and 

determination of trade disputes which are not referred 

for formal handling under section B6 (2) (c) but with 

respect to which the parties, by agreement, seek a hear- 

ing and determination by a Code Arbitrator or panel 

of Code Arbitrators. In such cases, as a service to the 

parties and only to the extent practicable, the Labour 

Commissioner shall make the necessary arrangements 

in accordance with the wishes of the parties, but the 

compensation and travelling allowance, if any, of the 

Code Arbitrators shall be paid by the parties. 

(c) Assessors who participate in the hearing and 

determination of a trade dispute, as provided in subsec- 

tion (3) shall be compensated, if at all, by the respec- 

tive parties by whom they have been designated. 

(10) Each Code Arbitrator shall hold office for a term 

of five years, except that his incumbency shall end earlier if- 

(a) he resigns; or 

(6) he is removed from office by z Court order for 

good cause unrelated to the exercise of his decisional 

processes, and he shall be eligible for re-election, under 

the procedures specified in subsection (1). 

(1 1) The Arbitration Tribunal is hereby empowered to 

issue regulations covering its procedures which are not 

inconsistent with the provisions of this Code. 

Hearing officers. B9. (I) Any question, petition, charge or complaint 

concerning severance pay as covered by Part 4 of Division



C hereof, concerning alleged unfair dismissals as covered 

by Part 5 of Division C hereof, representation questions as 

covered by Division J hereof or infringements as covered by 

Part 1 of Division K hereof, which shall have been referred 

for formal handling as provided in section B 6 (2) (c), -herein, 

shall be heard and determined.-by--a--Hkai-ing Officer. 

.... .-. 

(2) The Hearing Officer shall be the Labour Commis- 

sioner or, in his discretion, his appointee from the Labour 

Relations Service of the Labour Department. 

(3) The Hearing Officer may, in his discretion, call the 

parties into pre-hearing conferences, for the purpose of 

narrowing issues. 

(4) At the hearing, the parties may present evidence 

on the issues; may argue orally; and may thereafter in the 

discretion of the Hearing Officer, submit briefs within a time 

period set by him. 

(5) Within the time provided by the applicable provi- 

sion, the Hearing Officer shall issue his decision in the 

matter- 

(a) The decision shall be in writing. 

(6) The decision shall contain findings of facts, with 

explanations therefor in the event of conflicting evidence. 

(c) The decision shall contain a determination of 

all relevant issues presented, with the underlying reasons 

therefor. 

(6) In the absence of a request for review within 

the time specified therefor, the Hearing Officer's deci- 

sion shall become final. 

(6) The Hearing Officer's decision shall be subject to 

review by a Board of Review, under the procedures laid down 

in section B 13. 

(7) Hearing Officers under this section, who are fdtime 

employees of the Government, shall receive no extra 

remuneration for services rendered as Hearing Officers. 

(8) The Minister is hereby empowered to issue regula- 

tion covering procedures before Hearing Offlcers and Boards



decisional officer, 

generally. 

of Review under this section which are not inconsistent with 

the provisions of this Code. 

before B1O. The following shall be applicable to matters 

referred for formal handling under section B 6 (2) (c), whether 

by a Code Arbitrator or panel of Code Arbitrators or by 

a Hearing Officer: 

(1) Decisional officers shall adhere to the time limits 

if any, set by the relevant provisions of this Code; failing 

this, they may be subject to Court Order upon an appropriate 

application. 

(2) Parties may be represented before any decisional 

officer by themselves, by a legal practitioner, or by a rep- 

resentative of a registered employers association or registered 

trade union, or by any other person of their choosing. 

(3) Admissibility of evidence before a decisional officer 

under this Code shall not be determined by the formal rules 

of evidence; all evidence sought to be introduced which is 

relevant to any issue before said body shall be received; 

Provided, however, that- 

(a) no evidence shall be received as to statements 

made or acts performed in connection with attempts to 

settle the issues by informal agreement; and 

(b) the parties, or their representatives, may pre- 

sent, and the decisional officer shall consider, arguments 

as to the probative value of evidence received, even 

though such arguments are based, in whole or in part, 

on principles underlying the formal rules of evidence. 

(4) (a) The decisional officer, either sua sponte or upon 

request of any party, shall be empowered to issue sum- 

monses requiring the attendance and testimony of 

witnesses and the production of any documents described 

therein, in the form prescribed in the Schedule. 

(6) Upon a petition to revoke a summons calling 

for the production of documents filed by the summon- 

ed person not more than five days after service of the 

summons, the decisional officer shall revoke such sum- 

mons if in his opinion the documents whose production



is required do not relate to any of the issues in the matter, 

the documents are not described in the summons with 

sufficient particularity, or there is other good cause for 

the revocation. 

(6) All persons summoned to attend and give 

evidence or to produce documents before a decisional 

officer- 

(i) shall be bound to obey any summons served 

upon them which has not been revoked; 

(ii) shall be entitled to the same rights and 

privileges as a witness before a court of law; 

and 

(iii) shall be entitled to be paid their expenses, by 

the party summoning or requesting the sum- 

moning including travelling expenses at the 

rates prescribed for witnesses attending the 

Supreme Court: 

Provided that, for good cause, the 

decisional officer may disallow such expenses, 

in whole or in part. 

(6) Any person who- 

(i) 

without sufficient cause, fails or refuses to 

attend before a decisional officer in response 

to a summons issued under this subsection, 

or fails or refuses to produce any document 

which he is required by such summons to 

produce; 

(ii) being a witness, leaves the hearing without the 

permission of the decisional officer; 

(iii) being a witness, refuses without sufficient cause 

to answer any question put to him by or with 

the permission of the decisional officer; or 

(iv) wilfully or unlawfully obstructs or interrupts 

a proceeding before a decisional officer; 

shall be liable on summary conviction to a fine of seven 

hundred and fifty dollars and to imprisonment for 

three months. 

(5) If any question arises as to the interpretation of any 

decision of a decisional officer, any party to the matter may 

apply to said officer for a resolution of the question, and

JAWS OF ANTIGUA AND BARBUDA 


Independence of 

dccisional 

his decision thereon, rendered with or without a further hear- 

ing, within his discretion, shall be deemed to form a part 

of and shall have the same effect as the original decision. 

B 1 . (1) Each decisional officer, with respect to the 

officers. issues referred for formal handling shall hear and decide the 

issues without supervision or guidance and in such respect- 

(a) He shall not be given, and he shall not accept, 

ex parte arguments, advice, or other communications 

regarding such issues. 

(6) No one shall supervise him (not even one who 

may be his supervisor as to his duties other than as a 

decisional officer) in connection with his conduct of a 

hearing, his consideration of evidence and arguments 

presented to him, or the decision he renders on the 

issues. 

(6) No one shall promise or give him any reward 

and no one shall threaten him with or cause him to suffer 

any reprisal in connection with his handling of any issue 

formally referred to him. 

(4 No one shall give him and he shall not accept 

or receive any reward or benefit in connection with his 

handling of any issue formally referred to him, either 

before, during, or subsequent to his handling thereof. 

(e) No one shall require him to answer any ques- 

tions as to the mental processes in which he engaged 

in arriving at his conclusions in any matter referred to 

him for formal handling, beyond that which is contain- 

ed in his written decision. 

(2) Decisional officers shall withdraw from, and they 

shall not, directly or indirectly, participate in any matter 

in which they may have a personal interest, financial or other- 

wise; nor shall they directly or indirectly participate in any 

matter in which, although they have not personal interest 

therein, the surrounding circumstances create an appearance 

of personal interest. 

(3) Any one who contravenes the requirements of this 

section shall be guilty of an offence and shall be liable on


Ant2gua and Barbuda Labour Code (CAP. 27 33 

summary conviction to a fine of three hundred dollars and 

to imprisonment for one month. 

B 12. (1) A decisional officer, in his decision, is Remedial powers 

of decisional 

empowered to impose whatever remedies are considered officers. 

appropriate in the matter and in particular- 

(a) in a severance pay matter, he may order the 

payment of a sum of money found due; 

(b) in an unfair dismissal matter, he may order the 

payment of a sum of money equal to loss of wages sus- 

tained and, in addition thereto he may also order the 

reinstatement of the person dismissed or the payment 

of a sum of money in lieu of such reinstatement; 

(6) in an employee-representation matter, he may 

direct that a secret ballot be conducted to resolve the 

question; 

(d) in an infringement case, he may- 

(i) 

order that conduct found to be unlawful be 

terminated and/or not repeated in the future; 

(ii) order that a collective agreement found to be 

unlawfully executed be cancelled; 

(iii) order reinstatement or hiring to specified 

employment, with or without the payment of 

a sum of money equal to wage losses sustain- 

ed; and/or he may order the payment of a sum 

of money in lieu of reinstatement or hiring if 

he deems the option justified; 

(iv) order the reimbursement to employees of trade 

union initial payment, regular membership 

subscription, or service fee payment; 

(v) order that an employer recognize a registered 

trade union as sole bargaining agent within 

the definition of section 54; and 

(vi) order the execution of a collective agreement 

with specified terms, or the exclusion or 

inclusion of specified terms in an existing col- 

lective agreement; 

(e) in any case-



(i) in connection with his order to pay a sum of 

money, he shall order that interest be paid 

thereon if required by the provisions of this 

Code; and he may order that interest be paid 

although not required by the Code if justified 

by the circumstances; 

(ii) he may issue any order, either retrospective 

or prospective in nature including directions 

as to the time within which an order shall take 

effect as called for by the circumstances; and 

(iii) he may issue any other remedial order 

including an order for reinstatement which is 

relevant to the issues and is just and reasonable 

on the merits of the case. 

(2) An order may run against an employer or a union, 

or against both jointly and severally, whichever is 

appropriate. 

Board of B 13. (I) As specified in this Code, a Board of Review 

shall, upon request of a party filed within the period specified 

therein, conduct a review of administrative decisions. 

(2) Each Board of Review shall consist of three members 

of the Labour Board, selected on an ad hoc basis, as follows: 

Upon receipt of a request for review on a matter which the 

Code makes reviewable by a Board of Review, the Labour 

Commissioner shall notify the Chairman of the Labour 

Board, who shall forthwith select, from among the members 

thereof, one representative each of Government, employers, 

and employees to act as the Board of Review on the matter. 

(3) The Board of Review-with the Government 

representative as its Chairman-shall consider the matter; 

may, in its discretion, set down the matter for oral argu- 

ment before it by the parties; and shall, as soon as is prac- 

ticable, issue its decision on review, setting forth therein its 

conclusions and its reason therefor. 

(4) The decision of a Board of Review shall be that of 

a majority of its members.



(5) If there be no majority decision as to any issue, the 

determination of that issue in the decision being reviewed 

shall stand. 

B14. (1) As executive secretary for each of the de- Responsibilities 


cisional officers referred to in this Division, the Labour Com- ~ommiss;on,, as 

missioner shall cause the decisions of said officers to be gcf;jf,9"s of 

properly served upon the parties. officers. 

(2) He shall cause a copy of each such decision to be 

posted upon the Labour Department's bulletin board for a 

period of at least ten days; and he shall cause such decision 

to be published in the Gazette. 

(3) He shall cause each such decision to be printed in 

the Annual Report of the Labour Department or in an 

appropriate annex thereto. 

B15. (1) Labour Inspectors, within the Labour Responsibilities 


Inspection Section and under the supervision of the Labour I ~ ~ ~ 

Commissioner, shall be responsible for the enforcement of 

such requirements of this Code as are assigned to them herein 

and as are assigned them by the Minister from time to time. 

(2) In the discharge of such responsibilities, an inspec- 

tor has power to do any or all of the following things, whether 

or not a complaint of a violation of any provision herein 

has been filed- 

(a) to enter without previous notice and inspect and 

examine, at any time, any premises to ascertain whether 

the provisions of this Code or any regulations or order 

issued thereunder, have been or are being complied with; 

(6) to question, either alone or in the presence of 

any other person, as he thinks fit, with respect to matters 

covered by this Code, any person whom he finds on 

such premises; or any person whom he has reasonable 

cause to believe to be or to have been employed therein 

within the preceding three months, and to require such 

person to be questioned and to sign a declaration of 

the truth of matters respecting which he is so questioned: 

Provided, however, that no one shall be required under this 

provision to answer any questions or give any evidence ten- 

ding to incriminate himself;



(c) to require the production of registers, 

certificates, notices, documents or other records the keep- 

ing of which is required under the provisions of this 

Code, and to inspect, examine, and copy any of them; 

(d) in the case of an inspector who is a duly 

qualified medical practitioner to direct that any person 

working or employed therein submit to a medical 

examination by a medical practitioner of his choice to 

determine whether the provisions of this Code have been 

or are being complied with; 

(e) to enforce the posting of notices required by the 

Code; and 

Cf) to exercise such other powers as may be 

necessary for implementing this Code: 

Provided that, when visiting any premises or questioning 

any person in connection with the exercise of such powers, 

an inspector shall, upon request, produce and display his 

certificate of appointment as Labour Inspector. 

(3) On the occasion of an inspection visit, inspectors 

shall notify the employer or his representative, and the 

workers or their representative of their presence, unless they 

consider that such notification may be prejudicial to the per- 

formance of their duties. 

DU~Y of secrecy. B16. (1) No inspector or other person, without the 

permission of the employer concerned, shall disclose information 

with respect to any manufacturing process or trade 

secret which he has obtained in the course of the performance 

of his duties pursuant to this Code, except to the extent that 

such disclosure within the Labour Department is necessary 

to the performance of such duties. 

(2) No inspector or other person shall disclose or imply 

to any employer, or to any other person, except to the extent 

that disclosure within the Labour Department is necessary 

for the proper performance of his duties, the source of the 

complaint, if any, which initiated an investigation of com- 

pliance with any provision of this Code. 

(3) Any inspector or other person who fails to comply 

with the provisions of this section shall be guilty of an offence

Antkua and Barbuda Labour Code (CAP. 27 37 

and liable on summary conviction to a fine of seven hundred 

and fifty dollars and to imprisonment for three months. 

B 17. Any regulations or orders which are issued Requirements for 

regulations, etc. 

under any Division of this Code- implementing 


(i) shall be published in the Gazette; and 

(ii) shall be posted for a period of at least ten days 

after issuance upon the Labour Department's 

bulletin board. 

B 18. The provisions of this Division shall become Effective date 

generally. 

effective upon enactment with the special qualifications noted 

in sections B19 and B20. 

B19. With respect to the formation of the Labour P,"t,"bE;$:zg 

Board created in section B7, the following preliminary steps 

shall be taken- 

(1) Within ten days after the enactment of this Code 

the Minister shall, within the limitations contained in sec- 

tion B7, make his determination as to what persons or 

organizations are entitled to nominate members of the Labour 

Board along with the number of members each such person 

or organization may nominate; and the announcement of 

such determination shall appear in the Gazette and on the 

bulletin board of the Labour Department. 

(2) Within the ten days following the publication of said 

announcement in the Gazette and on the bulletin board of 

the Labour Department any person or organization may file 

with the Labour Commissioner a protest to any feature of 

the determination, which protest shall be in writing and shall 

set forth the reasons therefor. 

thin ten days after the close of the period for the 

filin f3) of W. protests, the Minister shall call a meeting of the 

protestors and those who might be affected by a determination 

of the protests, at which meeting he shall hear any 

arguments in support of the respective parties' positions. 

(4) At that meeting or any adjournment thereof the 

Minister shall dispose of the protests and, if necessary, shall 

announce his revision of the determination made under



subsection (1); and the revision made shall be given the same 

publicity as that specified in subsection (2). 

(5) The Minister's determination under subsection (1) 

as it may be revised under subsection (4) shall be final. 

(6) Upon said determination, as revised, those entitled 

to nominate members of the Labour Board may do so. 

(7) Ten days after the announcement of the said deter- 

mination, as revised-whether or not those entitled to 

nominate members have done so-the Labour Board shall 

be considered a functioning body with all of the powers and 

responsibilities set forth in Section B7. 

Preliminary steps B20. With respect to the formation of the Arbitra- 

re Arbitration 

Tribunal. 

tion Tribunal created in section B8, the following preliminary 

steps shall be taken- 

(1) Within ten days after the enactment of this Code, 

the Minister shall, within the limitations contained in sec- 

tion B8, make a determination as to the minimum qualifica- 

tions required of persons for membership on the Tribunal 

and as to the emoluments of the position of Code Arbitrator; 

and the announcement of such determination shall appear 

in the Gazette and on the bulletin board of the Labour 

Department. 

(2) Immediately thereupon, the Labour Commissioner 

will solicit the applications or nominations for Code 

Arbitrators, both within and outside Antigua and Barbuda 

by publication, in the press; by notification to the appropriate 

sections of other Governments, to universities, to associa- 

tions of labour arbitrators or conciliators, and to employers' 

associations and trade unions; and by any other reasonable 

means. 

(3) As applications and nominations are received, the 

Labour Commissioner shall ascertain whether each appli- 

cant or nominee is willing and available to serve; shall request 

of each such person a resume of personal information rele- 

vant to the position; and shall, to the extent practicable, make 

inquiries as to the relevant experience, abilities, and reputa- 

tion of each such person. 

(4) Within 40 days after the enactment of this Code 

a special meeting of the Labour Board called under the pro-



visions of section B7 (2) (6, shall be held to consider the 

applications and nominations thus far received, at which 

meeting the Labour Commissioner shall make available to 

the Labour Board the information he has procured in accor- 

dance with subsection (3). The results of the Labour Board's 

deliberations shall be reported to the Minister as required 

by section B8 (I), and he shall make selections as provided 

in section B8 (1) (6). 

(5) There shall be such additional special meetings of 

the Labour Board as are necessary, until at least seven 

Arbitrators shall have been selected as members of the 

Arbitration Tribunal. 

(6) When at least seven Code Arbitrators have been 

selected as members of the Arbitration Tribunal, then, and 

then only, shall the Tribunal be considered a functioning 

body with all of the powers and responsibilities set forth in 

section B8. 

SCHEDULE 

SUMMONS 

S. B10 

Under section B10 of the Labour Code (Administration) Divi- 

sion of the Antigua and Barbuda Labour Code. 

To [insert name of person summoned and his occupation 

and address]. 

........................................................................... 

At the request of [insert name of party at whose request 

the summons is being issued]. 

You are hereby summoned to appear before [insert name(s) 

and title-either Code Arbitrator, panel of Code Arbitrators, 

or Hearing Officer] 

........................................................................... 

in the matter of [insert names of disputing parties]. 

...........................................................................



At [insert place of hearing] on the day of 

19 , at [insert a.m. or p.m.]. 

to give evidence respecting such matter 

[If witness is to produce document(s), add] And you are 

required to bring with you and produce [here, describe 

documents required]. 

........................................................................... 

You are liable to a penalty if you disobey this summons. 

Given under my hand this day of 19 

Signed 

[name and title of decisional officer] 

Basic Employment 

Short title. C 1. This Division may be cited as the Basic Employ- 

ment Division. 

National policy. C2. It is hereby declared that the following expres- 

sions of public policy underlie and shall be used in the inter- 

pretation of the various provisions of this Division- 

(1) Every workman should know what his job consists 

of, what his working conditions shall be, and, if his employ- 

ment be terminated, the reason therefor. 

(2) Every workman is entitled to reasonable breaks in 

employment, whether because of physical disability or for 

rest and rehabilitation. 

(3) Every employment ought to provide at least that 

wage which will ensure a minimum standard of living. 

(4) In the interests of spreading employment oppor- 

tunities and of preventing industrial accidents, there must 

be a reasonable limitation upon working hours of employees;



(5) To the extent that circumstances dictate that work- 

hours be reasonably extended, premium remuneration ought 

to be received therefor. 

(6) As an individual works at a job, he gradually earns 

an equity therein above and beyond his periodic wages, 

privileges, and allowances; and the maintenance of this equity 

requires protection. 

C3. In this Division, unless the context otherwise I nter p retation . 

requires- 

"basic wage" means that part of an employee's 

remuneration for services which is payable in 

money for his normal hours of work; 

" gratuities" means remuneration, in money, received 

by an employee from customers, whether directly 

or through an employer and whether individually 

or shared with fellow-employees; 

6 ' 

gross wage" means the total remuneration for services 

received in money, in kind, and in privileges or 

allowances, including gratuities and premium pay; 

"hours of work" means the period during which an 

employee's services are under control of his 

employer, whether or not work is available for him 

throughout the period, and it includes all rest, meal, 

or break periods of fifteen minutes or less but 

excludes all such periods in excess thereof; 

"normal hours of work" means those hours of work 

for which no premium pay is due under the provi- 

sions of section C 27; 

" predecessor-employer" , in relation to the employment 

of a person as it affects that person's right to 

severance pay, as covered in Part 4, is one who, 

in consequence of a change occurring in the owner- 

ship of an undertaking or in the part of an under- 

taking in which that person is involved, is no longer 

the employer of that person; 

" premium pay" has the meaning assigned thereto by 

section C 26;



"redundancy" means a situation in which, by virtue 

of a lack of customers orders, retrenchment, the 

installation of labour-saving machinery, an 

employer's going out of business, a force majeure, 

or any other reason, tasks which a person was last 

employed to perform no longer exist; 

"substantially equivalent employment" means employ- 

ment at work which, although not identical to that 

which is the basis of comparison, requires similar 

skills, affords relatively similar prospects of progres- 

sion, and pays a relatively equal wage; and 

L ' successor-employer" , in relation to the employment 

of a person as it affects the person's right to 

severance pay as covered by Part 4 hereof, is one 

who, in consequence of a change occurring in the 

ownership of an undertaking or in that part of the 

undertaking in which the person is involved, has 

become the new employer of that person. 

Commencement, Elementary Requirements, 

and Termination of Employment 

Discrimination c4. (1) No employer shall discriminate with respect 

because of race, 

etc. 

Statement of 

working 

conditions. 

to any person's hire, tenure, wages, hours, or any other con- 

dition of work, by reason of race, colour, creed, sex, age 

or political beliefs: 

Provided, however, that this shall not be construed as 

forbidding the taking of personnel actions genuinely related 

to that person's ability to discharge the duties of the employ- 

ment in question. 

(2) Anyone who contravenes'the requirements of subsec- 

tion (1) shall be guilty of an offence and on summary con- 

viction shall be liable to a fine of three thousand dollars and 

to imprisonment for twelve months. 

C5. (1) Every person who employs another shall, 

within 10 days of such employment, furnish said employee 

with a written statement which shall set forth- 

(a) the general responsibilities and related duties 

for which the employee is being employed;



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

(6) the starting pay, and method of computing 

same; 

(4 the term of employment, if other than 

indefinite; 


(e) the period of probation, if any; 

Cf) the employee's leave and vacation privileges; 

(g) his obligations, if any, imposed under section 

J 13. 

(2) With respect to persons currently employed on the 

effective date of this provision, each employer shall, within 

ten days after such effective date, furnish each of said per- 

sons with a written statement which shall set forth- 

(a) the general responsibilities and related duties 

for which the employee is currently employed; 

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

(6) the current pay, and method of computing 

same; 

(d) the remaining term of employment, if other 

than indefinite; 

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

Cf) the employee's leave and vacation privileges. 

(3) With respect to either a newly engaged employee 

or one already employed as of the effective date of this pro- 

vision, each employer shall either post a copy of any current 

agreement between the employer and a trade union setting 

forth the working conditions of such employee or he shall 

give said employee a copy thereof. 

(4) Whenever, subsequent to the giving of a statement 

under subsection ( 1) or (2), the employer, whether by necessi- 

ty or otherwise, desires to change, in any relevant respect, 

the general responsibilities and related duties of the involv- 

ed employee as set forth in said statement, he shall, at or 

about the time he effectuates any such change, furnish the



said employee with a new written statement amending and 

making appropriate revisions in the original statement, and 

whenever, subsequent thereto, the employer desires to make 

additional changes in any relevant respect, he shall, prior 

thereto, furnish said employee with a written statement fur- 

ther amending the last one furnished; but nothing therein 

shall be construed as permitting an employer to change work- 

ing conditions in violation of section C6 or C7. 

Conformity with C6. An employer shall not provide employment, and 

Code generally. an employee may not accept employment, under terms and 

conditions which do not conform to the provisions of this 


Individual 

employment 

contracts. 

C7. It shall be lawful for an employer and employee 

to enter into an individual contract of employment, covering 

terms of employment, but- 

(i) any provision thereof which establishes con- 

ditions which fall below the minimum employ- 

ment standards established by this Code shall 

be null and void; 

(ii) any provision thereof which requires that the 

employee refrain from associating with other 

employees or with a trade union for collective 

bargaining purposes shall be null and void; and 

(iii) any provision thereof which, to the employee's 

disadvantage, conflicts with the terms of a collective 

bargaining agreement in effect between 

the em~lover and a trade union which is the 

1 J 

sole bargaining agent of the bargaining unit 

of which the employee is a part, within the 

definition of section 54, shall be null and void. 

Probation period. C8. (1) A new employee's probation period may not 

exceed 3 months in duration, unless there is provision for 

a greater period in a collective agreement between an 

employer and a registered trade union acting as sole bargain- 

ing agent for all employees in an appropriate bargaining unit. 

(2) During his probation period, an employee shall be 

given reasonable training in the duties of the position for



which he was hired, and shall be kept informed of his 

progress. 

(3) During his probation period, an employee's employ- 

ment may be terminated without any reason being given 

except in infringement of his self-organizational rights as set 

forth in Part I of Division K. 

C9. (1) An employer may, without advance notice, Employer's 

notice of 

terminate the employment of any person who has engaged ter,in,,io,, 

in misconduct related to his work within the limitations of 

section C59 (1) or (2). 

(2) With respect to a person who has been engaged for 

a specified term of employment of less than one week's dura- 

tion, the employer need give no further notice of his inten- 

tion to terminate said employment at the end of the specified 

term, unless the terms of his employment specify otherwise. 

(3) In all other cases, the employer must give advance 

notice to the affected employee of an intention to terminate 

that person's employment, as follows- 

(a) with respect to an employee within his proba- 

tion period, an employer must give at least 24 hours 

advance notice of his intention to terminate said 

employee's employment. 

(b) with respect to all other employees, the period 

of said advance notice shall be at least equivalent to the 

interval of time between the affected employee's 

paydays; 

(c) in no case need the period of said advance notice 

exceed 30 days unless an employment contract calls for 

a longer notice period. 

(4) Having given due advance notice to terminate 

employment, an employer may terminate the employment 

prior to the effective date of termination under the notice, 

provided that he pay the employee a sum equivalent to that 

which he would have paid if the employee had worked 

throughout the period. 

(5) If the employer has not exercised the option pro- 

vided in subsection (4), he may require the employee to

Statements upon 

termination. 

Employee's 

notice of 

termination. 



render his normal services until the effective date of termina- 

tion under the notice, at the regular wage last being receiv- 

ed by said employee: 

Provided, however, that during said period the involv- 

ed employee shall be entitled as far as is practicable, to a 

reasonable amount of time off without loss of pay in order 

to seek other employment. 

(6) An employer having given due advance notice to 

terminate employment and not having exercised the option 

provided in subsection (4), shall be discharged of any obliga- 

tion to pay the involved employee's regular wage if and when 

said employee voluntarily quits his employment prior to the 

effective date of termination under the notice. 

CIO. (1) Upon the termination by an employer of 

any person's employment subsequent to the expiration of 

the latter's probation period, the employer shall, upon a re- 

quest beingmade by ;he employee within seven dais of ter- 

mination or notice thereof furnish forthwith to said employee 

a written statement of the precise reason for the action. 

(2) The employer shall, upon request of the terminated 

employee furnish a certificate specifying the dates of his 

engagement and termination and the type of work on which 

he was employed. 

(3) An employer who furnishes a statement or certificate 

required by subsection (1) or (2) respectively, shall be con- 

clusively bound by the contents therein in any proceeding 

testing the fairness of the dismissal as covered by Part 5 herein 

or his liability for severance pay covered by Part 4 herein. 

(4) An employer who fails to furnish either the state- 

ment or the certificate shall be estopped from introducing 

testimony as to facts which might have been recited in said 

statement or certificate, in any proceeding testing the fairness 

of the dismissal or his liability for severance pay whichever 

is applicable. 

c 1 . (1) An employee who has been engaged for a 

specified term of employment and who intends to quit his 

employment at the end of the specified term need give no 

advance notice of such intention unless the terms of his 

employment contract specify otherwise.



(2) All other employees must give advance notice to their 

employers of an intention voluntarily to quit employment, 

namely- 

(a) an employee, during his probation period, shall 

give at least 24 hours advance notice of such intention; 

(b) with respect to any other employee, the period 

of said advance notice shall be at least equivalent to the 

interval of time between the affected employee's 

paydays; except that, in no case need the period of said 

advance notice exceed 30 days unless an employment 

contract specifies otherwise. 

(3) Failure of an employee to give sufficient advance 

notice as required herein may subject him, at the employer's 

option, to dism~ssal prior to the date that he intended voluntarily 

to quit by the number of hours or days by which the 

employee's notice fell short of the required period of advance 

notice. 

(4) Having received due advance notice from his 

employer of an intention to terminate his employment, an 

employee may not, unless said employer has exercised his 

option to terminate said employment earlier than the intended 

time and to pay wages in lieu thereof under the provisions 

of section C 9(4), quit his employment prior to the effective 

date of the notice under pain of losing his pay for the lost time. 

C 12. The provisions of this Part shall become effec- Effec tive date. 

tive sixty days after enactment thereof. 

PART 2 

Leave Privileges 

C 13. Every employee who has passed his probation :;&OY:;':; 

period shall be entitled to certain leave privileges during the 

course of his employment. 

C14. (1) Subject to subsection (2) no employee shall Public 

leave. 

be obliged to work on a public holiday except in emergency 

situations. 

(2) The Minister may, by Order published in the Gazette, 

exempt certain industries and enterprises, or certain parts

Public holiday 

Pay. 

Sick leave. 



thereof, from the requirements of subsection (1) on such terms 

and conditions as he may think fit. 

C15. (1) If an employee does not work on a public 

holiday he shall suffer no loss of pay, that is, he shall be 

paid the basic wage he would have received for work per- 

formed on that day had it not been a public holiday, provid- 

ed he has worked his scheduled work day immediately before 

and his scheduled work day immediately after the said public 

holiday. 

(2) If an employee does work on a public holiday he 

shall be paid, in addition to any wage which he would have 

received in respect of the public holiday, an hourly rate of 

not less than 150 per centum of this basic rate per hour 

worked. 

(3) Should an employer cause an employee to work on 

a public holiday in conformity with any Order made under 

section C 14(2) he shall pay said employee such amount as 

may be prescribed by such Order and in such manner as 

may be therein prescribed. 

C 16. Each employee is entitled to leave on workdays, 

or parts thereof, during which he is ill or otherwise physically 

incapacitated for work: 


(i) 

said leave shall be taken only in connection 

with actual illness or other physical incapacita- 

tion for work, evidence of which, in the form 

of a doctor's certificate or other satisfactory 

means, must be furnished by the involved 

employee upon request of the employer on or 

after the third consecutive day of any such 

leave; and 

(ii) in the event that, in the opinion of his 

em~lover. the extent of such leave taken 

I , ' 

renders the employee unfit to continue in his 

employment and the employer terminates the 

employment therefor, the employee's right to 

severance Dav and the fairness of the termina- 

A , 

tion or either may be determined under Part 

4 or 5 of this Division.



C 17. Each employee, for at least the first twelve days Sick leave pay. 

of sick leave taken during any twelve consecutive months, 

calculated from the date of commencement of employment 

and any anniversary date thereof, shall be entitled to that 

basic wage, and the employer shall give him that basic wage, 

which he would have received had he worked on those days. 

C 18. (1) Each employee who has successfully pass- vacation leave. 

ed his probationary period shall be entitled to, and each 

employer shall give him, vacation leave without loss of at 

least the basic wage, including the cash equivalent of 

payments in kind, he would have received had he not taken 

the leave, in an amount of at least one day per month of 

employment. 

(2) Said vacation leave shall be above and beyond and 

shall not include any public holiday leave as covered by sec- 

tions C 14 and C 15, any sick leave as covered by sections 

C 16 and C 17, or any daily or weekly non-work periods as 

covered by section C24. 

(3) The dates of the taking of earned vacation leave shall 

be fixed by agreement between employer and employee. 

(4) By mutual agreement the employer may advance 

leave not yet earned. 

(5) By mutual agreement earned vacation leave ex- 

ceeding six days need not be taken in an unbroken time 

period. 

(6) An employer shall not compel an employee to forego 

the taking of earned leave even though he pays; in lieu thereof, 

the wage the employee would have received had he taken 

the leave. 

(7) Any person whose employment is terminated for 

any reason shall thereupon receive in respect of every day 

of vacation leave due him the remuneration for each such 

day as provided in subsection (1). 

C 19. (1) Any employer who contravenes the provi- Penalties. 

sions of section C14, C15, C17 or C18 shall be guilty of an



offence and, upon summary conviction, shall be liable to a 

fine of seventy-five dollars. 

(2) If the Court is satisfied that, by reason of the of- 

fence, the employer owes any employee a sum of money, 

it may render a judgment for this sum, with or without 

interest, which judgment shall be enforceable as any judg- 

ment in a civil action. 

Effective date. C20. The provisions of this Part shall become effec- 

tive sixty days after enactment. 

National 

minimum wage 

rate. 

Remuneration and Hours of Work 

C21. (1) No person shall employ anyone to perform 

labour or services at a basic wage less than that which shall 

be established by the Minister after recommendations made 

to him by a Minimum Wage Advisory Committee specially 

appointed by him to investigate the conditions of work, extent 

of unemployment, the cost of living, and the general conditions 

of the economy in Antigua and Barbuda. 

(2) Subject to the provisions hereunder, the Minister 

may make rules prescribing the powers, duties, and procedure 

of such Committee. 

(3) The Committee shall consist of equal numbers of 

such employers and employees and representatives of such 

other interests in the economy as the Minister deems 

appropriate, one of whom shall be designated by the Minister 

as Chairman. 

(4) The Committee shall have full power to investigate 

the conditions of employment in respect of the occupation 

within its terms of reference and to make recommendations 

as to the minimum rates of wages which should be payable 

therein. 

(5) The Committee may, at any time it deems expe- 

dient to do so, call in the aid of one or more assessors, special- 

ly qualified in the opinion of the Committee in the matter 

under investigation.



(6) Any person may, by written notice signed by the 

Chairman of the Committee, be required- 

(a) to attend any meeting of the Committee and 

give evidence under oath or otherwise; 

(6) to produce at any such meeting any document 

which, in the opinion of the Committee, is relevant to 

the matter under investigation; and 

(c) to furnish such particulars as may be required 

by the Committee: 

Provided that, if any- witness declines to answer any 

question or produce any document on the ground that 

it will tend to incriminate him or on any other lawful 

ground, he shall neither be required to answer such ques- 

tion or produce such document nor be liable for any 

penalties for refusing to $0 so. 

(7) Any person who wilfully fails to comply with a notice 

addressed to him under subsection (6) or without lawful 

excuse fails to answer any relevant question or to produce 

any relevant document, shall be guilty of an offence and liable 

on summary conviction to a fine of seventy-five dollars. 

(8) All questions arising at any meeting of the Com- 

mittee shall be determined by a majority of votes of all 

members, including the Chairman, who are present; and 

no such determination of the Committee shall be considered 

invalid by reason of any vacancy or absence among the 

members. 

(9) The Committee shall issue interim reports of 

deliberations with recommendations, if requested by the 

Minister and, as soon as possible after the conclusion of its 

deliberations, a final report, with recommendations. These 

reports shall be addressed and delivered to the Minister, along 

with specially concurring, minority, and dissenting reports, 

if any. 

(10) Giving full consideration to the recommendations 

of the Minimum Wage Advisory Committee, the Minister 

shall thereupon issue an Order prescribing the minimum 

basic wage payable for employment in Antigua and Barbuda.

JAWS OF ANTIGUA AND BARBUDA 


Minimum wage 

rates for 

occupation. 

(1 1) The Minister may vary the provisions of any such 

previous Order, but only with like advice and in the like 

manner. 

(12) Each employer must post said minimum wage rates 

upon a board on which notices to his employees are 

customarily posted. 

C22. (1) Whenever the Minister deems it necessary 

to take steps to regulate the wages paid in any occupation, 

he shall appoint a Minimum Wage Advisory Committee to 

investigate the conditions of work in such occupation and 

to make recommendations as to the minimum basic wage 

which should be payable therefor. 

(2) With respect to any such Committee appointed, the 

provisions of section C 21(2) to (9) inclusive shall apply. 

(3) Giving full consideration to the recommendations 

of said Committee, the Minister may thereupon issue an 

Order prescribing the basic minimum basic wage payable 

for each such occupation and each level within such 

occupation. 

(4) The Minister may, .with like advice and in like man- 

ner, revoke or vary the provisions of any previous Order. 

(5) In any establishment in which any such minimum 

occupational wage rates are applicable the employer must 

post said rates upon a board upon which notices to his 

employees are customarily posted. 

Penalty for not C23. (1) Where a minimum basic wage has been fix- 

paying minimum 

wage. 

ed under section C 21 or C 22, an employer who fails to 

pay said wage rate shall be liable on summary conviction 

to a fine of three hundred dollars and in the case of a second 

or subsequent conviction to a fine of seven hundred and fifty 

dollars. 

(2) Where an employer has been convicted for failure 

to pay the minimum basic wage rate to any person employed 

by him, then, if notice of intention so to do had been served 

upon him with the summons, warrant, or complaint, evidence 

may be given of any failure on the part of the employer to



pay wages at or above the minimum rate to that employee 

during the two years immediately preceding the date on which 

the information was laid and, on proof or admission of the 

failure, the Court may order the employer to pay to the 

employee such sums as in the opinion of the Court represents 

the difference between the amount which should have been 

paid during those years and that which was actually paid, 

plus ten per cent interest per annum from the date any wage 

was due until it is paid: 

Provided however that the power given in this subsec- 

tion shall not be in derogation of any right of the person 

employed to recover wages in any other proceeding, and that 

the person employed shall not be entitled, by a combination 

of this and any other proceeding, to recover more than the 

sum of the above difference. 

(3) Where an offence for which an employer is liable 

to a fine under this section was in fact committed by his 

agent or another person, said agent or other person shall 

be liable to be proceeded against as if he were the employer, 

either together with, or before or after the conviction of the 

employer, and shall be liable on conviction to the same 

punishment as that to which the employer is liable: 

Provided, however that, no such agent or other person 

shall be liable for the payment of any deficit of wages under 

subsection (2): 

And further provided that where an employer who is charg- 

ed with an offence against this section proves to the satisfac- 

tion of the Court that he used due diligence to enforce the 

execution of this Division and that the offence was in fact 

committed by his agent or some other person without his 

knowledge, consent, or connivance, he shall, in the event 

of the conviction of the agent or other person for the offence, 

be exempt from any fine in respect of the offence, without 

prejudice however, to the power of the Court to adjudge 

him to pay the sum due under subsection (2). 

C24. Except where otherwise provided by a collec- FzdP:p;:a 

tive agreement, every employer shall permit each of his periods; 

employees to enjoy in every period of seven consecutive days z,"ISm,"n; 

a period of rest comprising at least twenty-four consecutive exceptions. 

hours.



(2) The standard work-day shall not be more than eight 

hours and the standard work week not more than forty-eight 

hours. 

(3) Except as provided in subsection (4) herein no 

employer shall employ any person in excess of twelve hours 

in any twenty-four hour period or in excess of seventy-two 

hours in any one hundred and sixty-eight hour period. 

(4) Whenever the Minister deems it necessary to 

increase the allowable hours of work in any establishment 

or industry, either permanently- 

(a) in work which is essentially intermittent; 

(b) in exceptional cases required by the public in- 

terest; or 

(c) in operations which for technical reasons must 

necessarily be carried on outside the limits laid down; 

or temporarily- 

(d) in case of accident, actual or threatened; 

(e) in case of urgent work to be done to machinery 

or work place; 

V) in case of force majeure; 

(g) in case of abnormal pressure of work; 

(h) to make up lost time through collective stop- 

pages of work due to accidents to materials, interrup- 

tions to the power supply, inclement weather, shortages 

of materials or transport facilities, or calamities; or 

(i) in case of national emergency; 

or periodically- 

@ for annual stocktaking and the preparation of 

annual balance sheets; or 

(k) for specified seasonal activities; 

he may, after consultation with employer and employee 

representatives, issue an appropriate Order:



Provided, however, that with respect to a permanent 

increase, the consultation shall be with an Advisory Com- 

mittee appointed by him, with respect to which Committee 

the provisions of section C 21 (2) to (9) inclusive shall apply. 

C25. Any contravention by an employer of the .pro- Penalties. 

visions of section C 24 hereunder shall be an offence, for 

which said employer upon summary conviction shall be liable 

to a fine of seventy-five dollars. 

C26. Premium pay shall consist of at least one-and- Premium pay. 

one half times an employee's basic wage per hour. 

C27. For any hour of work in excess of eight in any Occasions for 

premium pay. 

twenty-four hour period or in excess of forty-eight in any 

one hundred and sixty-eight hour period, an employer shall 

give premium pay to the involved employee: 

Provided that the Minister may revise these standards 

for any given industry or enterprise by the issuance of an 

Order to that effect. 

C28. (1) Any contravention of the requirements of Penalties and 

remedies. 

section C 27 which occurs with respect to a continuous work- 

period of any employee shall be a single offence; and any 

contraventions which occur with respect to different work- 

periods of any employee shall be separate offences. 

(2) With respect to any such offence, the employer upon 

summary conviction, shall be subject to a fine of seventy- 

five dollars; and in addition, the Court may order the pay- 

ment of any sum found due any involved employee, if war- 

ranted by the circumstances. 

C29. (1) The money wages of a workman shall be Form of wages. 

payable in legal tender, provided, however, that the pay- 

ment of wages by cheque on a bank in Antigua and Barbuda 

or by postal order shall be deemed to be payment in legal 

tender in cases in which payment in such manner is 

customary or necessary or is consented to by the workman: 

Provided however that nothing herein shall be construed 

as prohibiting the giving of food, a dwelling-place, or other 

allowances and privileges in addition to money wages as a 

remuneration for service; except however, that-



Deductions. 

(a) said allowances and privileges shall not include 

any noxious drugs or intoxicating liquor; and 

(b) said allowances and privileges are fairly 

evaluated at cost to the employer. 

(2) Nothing herein shall be construed as prohibiting the 

distribution to a workman of gratuities received from 

customers of the employer as part of remuneration for 

services: 

Provided, however, that the amount distributed in 

gratuities shall not be considered a part of the minimum basic 

wage which is required by section C 21 or C 22. 

C30. An employer may deduct from wages payable 

to a workman under any contract of employment the 

following: 

(a) any tax rate, or other deduction imposed by 

any law; 

(b) any money advanced by the employer by way 

of loan (whether paid to the workman himself or to some 

other person at his request) in anticipation of the regular 

payment of his wages; provided the amount deducted 

accords with the agreement made between employer and 

workman at the time of the loan, and provided that no 

interest, discount, or similar charge may be imposed 

on such loan; 

(c) the actual or reasonable estimated cost to ,the 

employer of any materials, tools and implements which, 

although not obliged to provide, the employer has sup- 

plied to the workman at the latter's request; 

(6) any initial payment or regular membership 

subscription of a registered trade union which an 

employee has authorized to be deducted: 

Provided however, that the employer transmit to the 

appropriate trade union the funds thus deducted within 

thirty days of the deduction: 

Provided that the total which may be deducted or stop- 

ped in any pay period shall not exceed one-third of the 

gross wage (excluding, however, the value of any



payments in kind) of the workman in the applicable pay 

period: 

Provided further that from and after the coming into 

force of the Antigua Labour Code (Amendment) Act, 

1976 all existing authorisations given by any employee 

for the deduction of any money from his wages shall 

cease to have effect and shall accordingly be null and 

void. 

C3 1. Whenever an employer makes any deduction Statement of 

deductions. 

from an employee's wages, he shall, simultaneously with the 

payment made, furnish the employee with an accurate state- 

ment of wages earned and describe the deduction made. 

C32. (1) Wages shall be paid on a regular periodic Periods, time 

and place of 

basis, and no period in respect of which wages earned by a wage payments. 

workman are payable shall egceed one month. 

(2) The payment of wages shall be made on ordinary 

working days only. 

(3) No employer shall pay wages to any workman at 

or within any retail shop or place engaged in the sale of spirits, 

wine, beer, or other spirituous or fermented liquor, save and 

except such wages as are paid by the resident owner or oc- 

cupier of such shop or place to any workman bona fide 

employed by him therein. 

C33. No employer shall impose in any contract for Ag reements re 

place and 

the employment of any workman any terms as to the place ,f 

at which, the manner in which, or the person with whom spending wages. 

any wages paid to the worker are to be expended, and every 

contract between an employer and a workman containing 

such terms shall be null and void. 

C34. (1) Any employer who- 

(a) enters into any agreement or contract or gives to 

any remuneration for employment contrary to section 

C 29, C 30, C31, C 32, or C 33. 

(b) makes any deduction from the wages of any 

workman or receives any payment from any workman 

contrary to the provisions of said sections; or 

Penalties and 

workman's right



(c) otherwise contravenes the provisions of said sec- 

tions of this Act. 

shall be guilty of an offence and shall be liable on summary 

conviction to a fine of fifteen hundred dollars or for a se- 

cond or subsequent offence to a fine of three thousand dollars. 

(2) In addition to the offence under subsection (1) every 

workman shall be entitled to recover in a Court so much 

of his wages exclusive of sums lawfully deducted as shall not 

have been actually paid to him, plus interest at the rate of 

ten per cent per annum. 

Procedure where C35. (1) Where an employer is charged with an 

person other than 

employer is offence under the provisions of this Part, he shall be entitled 

responsible. upon information upon oath duly laid by him, to have any 

other person whom he charges as the actual offender brought 

before the Court and if, after the commission of the offence 

is proved, the employer proves to the satisfaction of the Court 

that he has used due diligence to comply with the provisions 

of this Part and that the other person has committed the 

offence in question without his knowledge, consent or connivance, 

the said other person shall be summarily convicted 

of such offence and the employer shall be found not guilty 

of the offence. 

(2) If an offence is proved under subsection (1) the Court 

may order the employer or the other person convicted 

thereunder to pay to the involved workman any part of wages 

found to have been unlawfully deducted or, as the case may 

be, otherwise owed under the provisions of this Part; and 

said order may be enforced in the same manner as a judg- 

ment or order in a civil case. 

(3) The power of the Court to issue an order under 

subsection (2) shall not be in derogation of any right of the 

involved workman to recover the sum by any other pro- 

ceeding; provided, however, that no workman shall be en- 

titled in any other proceeding to recover any amount which 

the Court has ordered to be paid under subsection (2) herein. 

work-accounts. C36. (1) Every employer shall keep an accurate work 

account as to each employee, of his hours worked, by date, 

of his leave taken, by type, and of basic and other wages paid



him for each pay period which account he shall preserve, 

with respect to each entry therein, for at least eighteen 

months. 

(2) Upon demand by an employee, the employer shall 

make available said work-account for inspection and copy- 

ing by said employee or his representative. 

(3) Any employer who contravenes any provision of 

subsection (1) or (2) herein shall be guilty of an offence and 

shall be liable on summary conviction to a fine of seven hun- 

dred and fifty dollars. 

C37. The Minister may issue regulations for the pur- Regulations. 

pose of carrying out the provisions of this Part. 

C38. No prosecution for any offence under this Part prosecution. 

Limitation 

shall be instituted after the expiration of two years from the 

date of the commission of the offence. 

C39. Section C21 shall become effective upon the Effective dates. 

enactment thereof; sections C22 and C23 shall become 

effective upon the establishment by the Minister of a basic 

minimum wage in accordance with section C21, but not less 

than sixty days after enactment; and all other sections of 

this Part shall become effective sixty days after enactment. 

Severance Pay 

C40. Every employee whose terms of employment severance Right to pay, 

with an employer and his predecessors has in aggregate generally. 

exceeded one year is entitled to severance pay upon termination 

of said employment by employer for reasons of 

redundancy. 

c4 1. Severance pay shall consist of at least one day's Z;P,"~Z;:;~ 

pay, at the employee's latest basic wage, for each month 

or major fraction thereof of his term of employment with 

his employer and any predecessoremployer.



Severance pay, C42. (1) Subject to the other provisions of this secwhen 

payable; 

temporary tion, simultaneously upon the termination of employment 

termination; of any employee entitled to severance pay under section C40, 

payment of 

interest. the employer shall remit to that employee severance pay computed 

in accordance with section C41. 

(2) If the termination be stated as temporary, no 

severance pay need be remitted to the terminated employee 

at the time of termination: 

Provided however that- 

(a) where the date of recall, if one is given at the 

time of termination, be six months or more in the future, 

severance pay shall be payable on the date of the original 

termination; 

(b) if no date of recall is given at the time of ter- 

mination, severance pay shall be payable when and if, 

after three months from the termination, the employee 

shall not have been recalled: 

in which case, interest at the rate of ten per cent per annum 

on the amount of severance pay due shall be payable for 

the interval between the original termination date and the 

date of actual payment. 

(3) After such payment with interest has been made, 

if the employee is recalled to his past or substantially 

equivalent employment, or is again hired by the same 

employer, he shall be considered to be newly hired and his 

term of employment, for subsequent severance pay purposes, 

shall be considered to have commenced on the date of recall 

or rehire. 

Lowering of pay C43. If an employee's employment in his last occupa- 

because of 

redundancy. 

tion is terminated because of redundancy, but he is offered 

other employment by his employer at a reduced wage, then 

the employee may accept the offered employment without 

forfeiture of his severance pay; but if, having received his 

severance pay, he accepts the offered employment, he shall 

be considered newly hired for the purposes of subsequent 

severance pay: 

Provided that, should on eventual termination by reason 

of redundancy, the employee's final pay be lower than that 

which he received at the time he would have been originally



entitled to severance pay, then, on the final termination of 

employment, he shall be entitled to receive severance pay 

in respect of the period prior to the date on which he would 

have originally been entitled to severance pay at a rate not 

less than his original entitlement. 

c44. Severance pay is not payable if the employee's 

employment is terminated by an employer who has gone 

out of busines but, without any break in service, he is 

offered the same employment by a successor-employer: 

Provided, however, that his tenure of employment, for 

subsequent severance purposes, dates from his original hir- 

ing by the first of a series of predecessor-employers; in which 

case the successor employer, in the event of a subsequent 

termination for redundancy, shall be responsible for the pay- 

ment of the employee's severance pay computed on the basis 

of his full tenure of employment by himself and all 

predecessor-employers. 

C45. If an employee's employment is terminated due 

to redundancy with a date of recall given him less than six 

months in the future or with no date of recall niven him. 

" 

and if the employer, prior to.three months after the termina- 

tion, sells his business to a successor-employer, then-using 

the standards set forth in section C42 (2) (a) or (6)-if 

severance pay becomes due, the predecessor-employer and 

the successor-employer shall be jointly and severally liable 

for the payment of the severance pay plus interest. 

C46. (1) Every employer shall maintain an accurate 

record of the latest hiring date of each of his employees and 

for the purpose of this section the said hiring date shall be 

that on which the employee was last hired, either by him 

or by a predecessor-employer. 

(2) Upon the request of any employee, the employer 

shall make that employee's record of latest hiring date 

available to said employee for inspection. 

(3) Any person who fails to comply with the provisions 

of subsection (1) or (2) shall be guilty of an offence for which 

on summary conviction he shall be liable to a fine of seventy- 

five dollars: 

Limitations on 

severance pay; 

offer of 

equivalent 

employment. 

Liability of 

predecessor-and 

SuCCeSSOr- 

employers. 

Record of hiring.

Initiation of 

proceeding. 

Preliminary 

action by Labour 

Commissioner. 

Action by 

Minister on 

referral. 

Formal 

proceedings. 


CAP. 27) Antigua and Barbuda Labour Code . 

Provided that, if there be no present record of an 

employee's latest hiring date by virtue of the fact that the 

requirement of subsection (1) was not in effect upon such 

date, the question of the employee's hiring date shall be one 

to be disposed of by the procedures set forth in sections C47 

to C5 1 inclusive. 

C47. (1) Should any question arise as to the date 

of hiring or as to whether or in what amount, severance pay 

is due an employee, the employee, the employer or their 

respective registered bargaining agents may seek a resolu- 

tion of the question by filing a Charge or Query as to 

Severance Pay with the Labour Commissioner. 

(2) Should the Charge or Query involve a group of 

employees under similar circumstances, or if there be filed 

at or about the same time a number of Charges andlor 

Queries, the cases may be consolidated into a single 

proceeding. 

C48. (1) Immediately upon receipt of said Charge 

or Query, the Labour Commissioner, using the means 

described in section B5(2) (a), shall call all interested parties 

together or otherwise seek to settle the matter by voluntary 

adjustment or settlement. 

(2) Within ten days after the filing of the Charge or 

Query, if he has failed to achieve a voluntary adjustment 

or settlement, the Labour Commissioner shall transmit the 

matter, with a full report thereon, to the Minister. 

C49. On transmittal of the matter to him, the 

Minister shall seek to settle the matter as called for by sec- 

tion B6 (1) and, should he fail to effect a voluntary adjust- 

ment or settlement of all issues within twenty days after the 

filing of the Charge or Query, he shall take one of the steps 

open to him under section B6(2), including, if he deems it 

appropriate, the referral of the matter to a Hearing Officer 

for formal handling. 

C50. (1) The Hearing Officer to whom the formal 

handling of a Charge or Query as to Severance Pay or as 

to date of hiring is referred under section B6(2) (c) may, 

in his discretion, call the parties together into a pre-hearing



conference in an effort to narrow the issues; but having caused 

a Notice of Hearing to be served on all parties, he shall com- 

mence the hearing within at least ten days after receiving 

the matter for formal handling. 

(2) At the hearing, conducted in accordance with the 

provisions of sections B9 and B10 the Hearing Officer shall 

hear and determine the issues. 

(3) The Hearing Officer, within five days after the close 

of the hearing, shall issue a decision in compliance with sec- 

tion B9(5) directing- 

(a) that severance pay is due in a specified amount, 

plus interest, specifying from and to whom; or 

(6) that no severance pay is due; or 

(c) that a specific date be recorded as the date of 

hiring. 

(4) Notwithstanding the above subsections, the Hear- 

ing Officer shall approve any settlement of the matter reached 

by all parties thereto at any time between the referral for 

formal handling and the issuance of a decision, if the terms 

of the settlement achieve justice under the circumstances and 

are not clearly repugnant to the principles and purposes of 

this Code; upon which approval, the matter shall be con- 

sidered closed. 

C51. Any party to the proceedings may, within five Review of 

Hearing Officer's 

days after issuance of the Hearing Officer's decision, request dec;s;o,. 

a review thereof by a Board of Review, under procedures 

according with section B 13. 

C52. (1) Non-compliance with the decision of the ~ ~ ~ ~ ~ ~ ~ p ~ 

Hearing Officer--or, if a review thereof has been requested, 

with the decision on review-as to the severance pay due 

an employee is an offence; and non-compliance with the 

decision-or the decision on review-as to the severance pay 

due any other employee is a separate offence. 

(2) Any person guilty of such offence is liable upon sum- 

mary conviction to a fine of seventy-five dollars.



(3) In addition, the Court is empowered, if warranted 

by the circumstances, to enter a judgment as to severance 

pay due, which judgment shall be enforceable just as any 

judgment in a civil case. 

Regulations. C53. The Minister may issue regulations for the pur- 



tive upon the date on which the Labour Board becomes a 

functioning body under section B19. 

Recovery of C55. (1) An employee may recover by civil pro- 

severance pay. 

ceedings in a court of competent jurisdiction the severance 

pay to which he is entitled under this Act. 

(2) In the event of bankruptcy or liquidation of the 

business of the employer, or on any other closure of business 

the amount owing to an employee as severance pay shall 

be paid in priority to other debts. 

PART 5 

Unfair Dismissals 

Right not to C56. Every employee whose probationary period with 

be unfairly 

dismissed. 

an employer has ended shall have the right not to be unfair- 

ly dismissed by his employer; and no employer shall dismiss 

any such employee without just cause. 

Termination C57. For the purposes of this Part, an employee will 

after fixed term 

of employment. 

Good cause for 

dismissal; test for 

not be deemed to have been dismissed unfairly if his employ- 

ment is terminated at the expiration of the term specified 

at the time of his hire. 

C58. (1) A dismissal shall not be unfair if the reason 

measuring same. assigned by the employer therefor- 

(a) relates to misconduct of the employee on the 

job, within the limitations of section C59(1) and (2); 

(b) relates to the capability or qualifications of the 

employee to perform work of the kind he was employed 

to do, within the limitations of section C59(3); 

(6) is that the employee was redundant;



(d) is that the employee could not continue to work 

in the position he held without contravention (on his 

or on the employer's part) of a requirement of law; or 

(e) is some other substantial reason of a kind which 

would entitle a reasonable employer to dismiss an 

employee holding the position which the employee held: 

Provided, however, that there is a factual basis for the 

assigned reason. 

(2) The test, generally, for deciding whether or not a 

dismissal was unfair is whether or not, under the cir- 

cumstances, the employer acted unreasonably or reasonably 

but, even though he acted reasonably, if he is mistaken as 

to the factual basis for the dismissal, the reasonableness of 

the dismissal shall be no defence, and the test shall be whether 

the actual circumstances which existed, if known to the 

employer, would have reasonably led to the employee's 

dismissal. 

C59. .(I) An employer may terminate the employ- ~f~;;~,for 

ment of an employee where the employee has been guilty failure to 

of misconduct in or in relation to his ;rnployment so serious 

that the employer cannot reasonably be expected to take any manner. 

course other than termination. Such misconduct includes, 

but is not limited to, situations in which the employee has- 

(a) conducted himself in such a manner as to clearly 

demonstrate that the employment relationship cannot 

reasonably be expected to continue; 

(b) committed a criminal offence in the course of 

employment without the consent, express or implied, 

of the employer; or 

(c) behaved immorally in the course of his duties. 

(2) Where an employee is guilty of misconduct in or 

in relation to his employment that is not sufficiently serious 

to permit his employer to terminate his employment under 

subsection (1) but is such that the employer cannot reasonably 

be expected to tolerate a repetition, the employer may give 

the employee a written warning which shall describe the 

misconduct in respect of which the warning is given and state 

in

Initiation of 

proceedings. 

Preliminary 


Commissioner. 



the action the employer intends to take in the event of repeti- 

tion; which action may include suspension without pay for 

such period as may be specified in the written warning; and, 

thereafter, if the employee is, within six months following 

the receipt of the written warning, guilty of misconduct in 

or in relation to his work which is the same or substantially 

the same as the misconduct in respect of which the written 

warning was given, the employer may terminate the employ- 

ment of said employee or take such other action as may have 

been specified in the written warning. 

(3) Where an employee is no longer performing his 

duties in a satisfactory manner, the employer may give the 

employee a written warning which shall describe the un- 

satisfactory employment in respect of which the written war- 

ning is given and state the action the employer intends to 

take in the event of repetition; and, thereafter, if the employee 

does not, during the period of three months following the 

receipt of the written warning, demonstrate that he is able 

to perform and has performed his duties in a satisfactory 

manner, the employer may terminate the employment of said 

employee. 

C60. (1) Should any question arise as to whether an 

employee has been unfairly dismissed, the employee, or his 

registered agent, may seek a resolution of the question by 

filing a Complaint of Unfair Dismissal with the Labour 

Commissioner. 

(2) Should the Complaint involve a group of employees 

under similar circumstances, or should there be filed at or 

about the same time a number of Complaints involving 

similar circumstances, the cases may by consent be con- 

solidated into a single proceeding. 

C61. (1) Immediately upon receipt of the said Complaint, 

the Labour Commissioner, using the means described 

in section B5(2) (a) shall call all interested parties together 

or otherwise seek to settle the matter by voluntary adjustment 

or settlement. 

(2) Within ten days after the filing of the Complaint, 

if he has failed to achieve a voluntary adjustment or settle-



ment, the Labour Commissioner shall transmit the matter, 

with a full report thereon, to the Minister. 

C62. On transmittal of the matter to him, the Action by 

Minister on 

Minister shall seek to settle the matter as called for by sec- 

tion B6(1) and, should he fail to effect a voluntary adjust- 


filing of the Complaint, he shall take one of the steps open 

to him under section B6(2) including, if he deems it 

appropriate, the referral of the matter to a Hearing Officer. 

C63. (1) A Hearing Officer to whom the formal ;:;Lings. 

handling of a Complaint of Unfair Dismissal is referred under 

section B6(2) (c) may, in his discretion, call the parties 

together into a pre-hearing conference in an effort to nar- 

row the issues; but, having caused a Notice of Hearing to 

be served on all parties, he shall commence the hearing within 

at least ten days after receiving the matter for formal 

handling. 


provisions of sections B9 and B10 the Hearing Officer shall 


(3) The Hearing Officer, within five days after the close 


tion B9 (5) and, in accordance with section B11 he may issue 

any remedial order which is relevant to the issues and is just 

and reasonable on the merits of the case. 




formal handling and the issuance of a decision if the terms 





C64. Any party to the proceeding may, within five Ea$;;Aacer,s 

days after the issuance of the Hearing Officer's decision re- d,c;,;o,. 

quest a review thereof by a Board of Review, under pro- 

cedures according with section B13.



Penalties for 

iioo-conipliaiicc. 

C65. Non-compliance with the decision of the Hear- 

ing Officer-or, if a review thereof has been requested, with 

the decision on review-is an offence; and non-compliance 

with the decision-or the decision on review-as to each 

employee involved is a separate offence. 


mary conviction to a fine of seven hundred and fifty dollars. 

Regulations. C66. The Minister may issue regulations for the pur- 



tive upon the date on which the Labour Board becomes a 

functioning body under section B 19. 


Responsibility for C68. (1) Whether or not a complaint has been filed, 

inspectors to 

ensure inspectors, under the supervision of the Labour Commiscompliance. 

sioner, shall be charged with securing the proper observance 

of the provisions of this Division. 

(2) An inspector so charged under subsection (1) shall 

have power- 

(i), to enter without previous notice at any hour 

of the day or night any workplace liable to 

inspection; 

(ii) to carry out any examination, test, or inquiry 

which he may consider necessary to satisfy 

himself that the legal provisions are being 

observed; 

(iii) to- interrogate, alone or in the presence of 

witnesses, the employer or any of the staff of 

the undertaking on any matters concerning the 

application of this Division; 

(iv) to require the production of any records or 

documents called for by the provisions of this



Act and to copy or make abstracts of any such 

records or documents; and, 

(v) to enforce the posting of notices required by 

this Division. 

(3) If any person interferes with any inspector in the 

exercise of the powers given by this section or fails or refuses 

to produce any of the above records or documents that per- 

son shall be liable on summary conviction in respect of each 

offence to a fine of seventy-five dollars; and if any person 

makes or causes to be made, or knowingly allows to be made, 

any such record or document which is false in any material 

particular, or if he produces, cause to be produced, or know- 

ingly allows to be produced, any such record or document 

to any inspector acting in the exercise of the powers given 

by this section, knowing the same to be false, he shall be 

liable on summary conviction to a fine of four hundred dollars 

and to imprisonment for three months. 

C69. Nothing herein shall be construed as prohibiting ~;~;~~~,"~d",'~;f~ 

an employer, either unilaterally, by individual contract with 

an employee, or by a collective bargaining agreement with 

employee representatives, from establishing working condi- 

tions more advantageous to employees than those minimum 

standards set forth in this Division. 

C70. The provisions of this Part shall become effec- Effective date- 

tive upon enactment. 

Employment Health, Safeety and Welfare 

Dl. This Division may be cited as the Employment short 

Health, Safety and Welfare Division. 

D2. In this Division, unless the context otherwise Interpretation- 

requires: - 

"bodily injury" includes injury to health;



"building operation" means the construction, altera- 

tion, repair or maintenance, or the demolition, of 

a structure or harbour facility, bridge or viaduct, 

waterworks or reservoir, pipeline or aqueduct, 

sewer or sewage system, including any engineer- 

ing aspects thereof; 

" employee", as used herein, means anyone perform- 

ing duties in a workplace with the expressed or 

implied permission of the operator of the workplace, 

on a part or full-time basis, whether or not such 

person is receiving remuneration for his services; 

and the expression "to employ" shall be construed 

accordingly; 

"factory" means the premises in which manufacturing 

takes place; and the term includes any warehouse 

or storage place, building operation, harbour opera- 

tion, mine or quarry, or railway; 

"fumes" include gases or vapours; 

"harbour facility" means any work performed at a so- 

called harbour, whether natural or artificial, piers, 

jetties, or other installations in or at which ships 

can dock, obtain shelter, or ship or unship goods 

or passengers; 

"machinery" means all instruments of manufacturing, 

including machines (whether operated manually or 

mechanically), prime movers of machines, units 

designed to transmit power or motion thereto or 

therefrom, units designed to transport items or per- 

sons in connection with a manufacturing process, 

appliances used in said process, and all the parts 

thereof; 

"maintained" means being kept in an efficient state, 

efficient order, and in good repair; 

"manufacturing" means the conversion of materials 

from one form to another for the purpose of adding 

value thereto, by fabrication, alteration, repair, 

ornamentation, dismantling, finishing, washing or 

cleaning, storing or preserving, heating or cooling, 

and, generally, adapting for sale;



' 'operator of a workplace", means, primarily, the body 

responsible for processing carried on therein, in 

whole or in part, whether an individual proprietor- 

ship, partnership, or corporation or other form of 

undertaking; and the term includes any person with 

actual, apparent, or ratified authority to act on 

behalf of the operator. It includes the owner of a 

building containing a workplace to the extent that 

responsibilities are imposed on said owner under 

section D5; and it includes the owner or hirer of 

a machine or implement used in a workplace other 

than the principal operator thereof to the extent 

that any obligation under this Division relates to 

persons who are employed in or about or in con- 

nection with such machine and who are in the 

employment or pay of such owner or hirer; 

'6 

6' 

owner", in relation to property, real or personal, 

includes any person who is, for the time being, 

entitled to the possession of, or to a rental or pay- 

ment for another's possession of, said property; 

parent", means a parent or guardian of, or person 

having the custody of, or the control over, a young 

person, and the term includes any person having 

a direct benefit from the wages of a young person; 

6 ' prime mover", means every engine, motor, or other 

appliance which provides mechanical energy deriv- 

ed from steam, water, wind, electricity, the 

combustion of fuel, or other source of energy; 

"railway" means any rail line used for the transport 

of passengers or goods and includes any work in 

connection with the operation thereof; 

" sanitary conveniences" includes urinals, water closets, 

earth closets, privies, ash-pits, and any similar 

conveniences; 

L C young person", means a person who has attained the 

age of fourteen years and has not attained the age 

of eighteen years; and 

"workplace" means the place at which work is perform- 

ed in connection with the cultivation of any crop 

or activities related thereto; any manufacturing,



General 

application. 

storage, construction, and land, sea, or air transport 

enterprises; any retail establishment; other com- 

mercial or industrial enterprises of any kind; and 

any office or operation related to any of these. 

PART 1 

Application 

D3. Except as is otherwise indicated herein, the pro- 

visions of this Division shall apply to all workplaces. 

Application to 

Government D4. This Division shall apply to workplaces belong- 

work places. ing to or in the occupation of the Government. 

Responsibility D5. Where a part of a building is let as a separate 

where part of the 

building is workplace, the Minister may declare which sections of this 

separate Division are to be the responsibility of the owner of the 

workplace. 

building and which the responsibility of the occupier of the 

part of the building in question, by issuance of an Order 

to this effect, which Order shall set forth the reasons therefor. 

Extension of 

provisions. 

D6. The Minister may, for good cause, extend the 

application of the provisions of this Division to such installa- 

tions or operations as may not appear to be specifically 

included in the definition of "workplace", but which would 

constitute a reasonable extension thereof, by issuance of an 

Order to this effect: 


(a) such Order shall set forth the reasons for the 

extension; and 

(b) the Order shall be effective at the hour and date 

specified therein but shall not be effective beyond the 

end of the first session of the Legislature which opens 

subsequent to the issuance of the Order. 

Exemptions. D7. (1) The Minister may, for good cause, exempt 

from one or more of the provisions of this Division any



workplace or part thereof, by the issuance of an Order to 

this effect: 

Provided that the Order sets forth the term of the 

exemption, with the basis therefor. 

(2) The exemption shall be effective for no more than 

six months in the absence of an Order of extension by the 

Minister which shall set forth the basis for any such extension. 

(3) Any such extension shall be effective for no more 

than six months in the absence of an Order of further exten- 

sion by the Minister, which Order shall set forth the basis 

for further extension. 

(4) Any such Order of exemption or extension thereof 

may contain conditions which must be met in order to qualify 

for the exemption or extension. 

D8. Except where otherwise expressly provided, the NO^-exclusivity 

of these 

provisions of this Division shall be in addition to, and not provisions. 

in substitution for or dimunition of, the provisions of any 

other Division. 

Minimum Requirements 

D9. (1) Every person who operates a workplace on Registration of 

workplaces. 

the effective date of this Division shall, within one month 

thereafter, file with the Labour Commissioner a written notice 

stating the particulars prescribed in the Schedule and every 

person who commences to operate a workplace subsequent 

to the effective date of this Division shall, within one month 

of such commencement, file a similar notice. 

(2) Thereafter, whenever there is a material change in 

any of the particulars appearing in the notice called for in 

subsection (I), the person operating the workplace shall file 

with the Labour Commissioner a written notice setting forth 

any such change, within one month of the effectuation of 

same; and, thereafter, with respect to any further material 

change, he shall likewise file a similar notice within one month 

of the effectuation of any such further change.



Health. DlO. For the purpose of safeguarding the health of 

persons employed in or performing any duty in workplaces, 

the operator of every workplace shall- 

Safety 1 . 

(a) keep the workplace in a clean state; 

(6) keep it from becoming overcrowded; 

(c) maintain a reasonable temperature therein; 

(d) provide adequate ventilation therein; 

(e) provide lighting therein sufficient to avoid 

employees 7 

eyestrain; 

(f) provide effective means for draining floors; and 

(g) provide suitable and sufficient sanitary 

conveniences. 

For the purpose of ensuring the safety of per- 

sons employed in or performing any duty in workplaces, the 

following provisions shall apply to every workplace- 

(1) Adequate measures shall be taken for the preven- 

tion of fire therein and for adequate means of escape for 

persons employed therein. 

(2) All machinery used therein shall be operated and 

maintained in such a manner as to be safe for all employees. 

(3) All walls, partitions, floors, stairs, passages and 

gangways shall be of sound construction and properly 

maintained. 

(4) (a) No new steam boiler shall be put into use in 

any workplace unless there has been obtained from the 

manufacturer of the boiler or from a competent person 

a certificate specifying the maximum permissible work- 

ing pressure thereof and said certificate shall be filed 

with the Labour Commissioner within 28 days of the 

installation of the boiler. 

(6) No stream boiler which has been previously used 

shall be put into use in any workplace for the first time 

until it, and all its fittings and attachments, have been



examined by a competent person when it is cold, and 

as soon as possible thereafter, when steam is raised. And 

the examiner shall ensure that there are safety valves 

sufficient and adequate to assure the safe operation of 

the boiler, and ensure that said safety valves are so 

adjusted as to prevent the boiler being operated at an 

unsafe pressure, as to which examination and adjust- 

ment the workplace operator shall procure from the 

examiner a certificate of the results thereof. 

(6) Thereafter, it shall be the responsibility of the 

operator of any workplace to see that every steam boiler 

therein and all its fittings and attachments shall be ex- 

amined thoroughly and adjusted by a competent per- 

son at least once every 14 months, and also after any 

extensive repairs, in the manner described in sub- 

paragraph (b), and to procure from the examiner a cer- 

tificate of the results thereof. 

(6) The certificates required under subparagraphs 

(b) and (6) shall be filed by the work-place operator with 

the Labour Commissioner within 28 days of the com- 

pletion of the examination. 

(e) The Labour Commissioner, by the issuance of 

an Order, may except from any of the provisions of this 

subparagraph any class or type of steam boiler as to 

which he is satisfied that such provisions cannot be ap- 

plied. Any such exception either may be unqualified 

or may be subject to such conditions as may be con- 

tained in the Order. 

D12. For the purpose of contributing to the welfare welfare. 

of persons employed in or performing any duty in workplaces, 

the following provisions shall apply to every workplace- 

(1) There shall be an adequate supply of wholesome 

drinking water; 

(2) Washing facilities shall be provided and maintained; 

(3) There shall be accommodation for clothing not worn 

during working hours, and for the drying of work clothing;



(4) Suitable facilities for employed persons to sit dur- 

ing the course of their employment shall be provided and 

maintained; 

(5) Readily accessible first aid equipment shall be pro- 

vided and maintained; and 

(6) Other facilities such as canteen, mess rooms, rest 

rooms, as are reasonable under the circumstances, shall be 

provided and maintained. 

Special protective D 13. (1) It shall be the responsibility of the operator 

measures. 

of any workplace to ensure that- 

(a) No persons shall be permitted to partake of food 

or drink in any room where any lead, arsenic or other 

poisonous substance is used; 

(6) Suitable goggles or protective screens shall be 

provided to protect the eyes of any persons employed 

in a process involving a special risk of injury to the eyes; 

(6) Where a work process involves a reasonable 

possibility of injury to other parts of an employee's body, 

suitable protective equipment shall be furnished; 

(d) No persons employed therein shall be required 

manually to lift, carry, or move anything in excess of 

the maximum weight specified by any regulations made 

under this Division; 

(e) Where persons are employed in any process in- 

volving exposure to wet or to any injurious or offensive 

substance, suitable protective clothing and appliances 

shall be provided and maintained; 

V) Where a process involves heat or steam, facilities 

adequate to protect workers therefrom shall be provid- 

ed and maintained; 

@) No person shall be required to use white 

phosphorous (sometimes called yellow phosphorous) in 

any process; and 

(h) With respect to any process involving the use 

of or exposure to products containing benzene (which 

term, as used herein, means the aromatic hydrocarbon 

C6 H6 itself or any product the benzene content of which



exceeds 1 per cent by volume), harmless or less harm- 

ful substitutes shall be used if they are available, but, 

if no such substitute is available then- 

(i) the process shall be, as far as is practicable, 

carried out in an enclosed system; or where 

an enclosed system is not practicable, the place 

of work in which the process is carried out shall 

be equipped with effective means to ensure the 

removal of benzene fumes to the extent 

necessary for the protection of the health of 

the workers; 

(ii) the word "benzene" and appropriate danger 

signals shall be clearly visible on any container 

holding benzene; and 

(iii) each worker who may be exposed to benzene 

shall receive appropriate instructions about 

safeguarding health and preventing accidents, 

as well as about action to be taken if there is 

any evidence of poisoning. 

(2) The operator of any work place shall notify the 

Labour Commissioner in such manner and in such par- 

ticularity as the Minister may by regulations prescribe, of 

any industrial accident which occurs within the work place 

or to any person in the employment of the operator and also 

of the occurrence of any occupational disease among any 

person or persons in his employment. 

D14. (1) Any person employed in a workplace to Duties of p ers o ns 

employed. 

which this Division applies shall make use of all means, 

appliances, conveniences or other things provided in pur- 

suance of this Act for the health, safety and welfare of 

employees, to the extent that his employment involves its use. 

(2) No person employed therein shall wilfully interfere 

with, misuse, or damage any such means, appliance, con- 

venience or other thing. 

(3) No person employed therein or in any other place 

shall wilfully and without reasonable cause do anything likely 

to endanger himself or others.

Prohibition of 

deduction of 

wages. 

Issuance of 

regulations and 

orders. 

LAW'S OF ANTIGUA AND BARBUDA 


D15. Subject to the provisions of this Act, the 

operator of a workplace shall not, in respect of the cost of 

anything done or to be done by him in pursuance of this 

Division or any regulations or order issued thereunder, make 

any deduction from the sum contracted to be paid by him 

to any person employed, nor shall he receive or allow any 

other person to exact or to receive any payment in lieu of 

such deduction. 

D16. (1) The Minister may issue regulations 

prescribing the standards to be achieved in respect of any 

of the obligations set forth in this Part and the methods 

required to attain them; and he may establish advisory committees 

on which employers and employees are represented 

to assist him in this function. 

(2) The Minister may, for good cause, require the 

operator of a workplace to take special measures bearing on 

the health, safety, or welfare of the employees therein, by 

the issuance of an Order to this effect, and, without 

derogating from the generality of such power he may re- 

quire such alteration of the workplace or to any plant therein 

to be carried out in such manner and within such time as 

may be specified in the said order as may be necessary to 

comply with the requirements of this Act or of any subsidiary 

legislation made hereunder relating to health and safety of 

workers; and in addition thereto he may also order, in the 

event of imminent danger to the health or safety of workers, 

the introduction of such temporary measures as may be 

necessary to remove such danger. 

(3) The Minister may, for good cause, require the 

operator of a workplace to take specified measures bearing 

on the health, safety or welfare of employees whose duties, 

related to the business of the workplace, are performed in 

whole or in part, outside the workplace, by the issuance of 

an Order to this effect. 

(4) The Minister may, for good cause, require 

arrangements to be made for medical supervision in any 

workplace by the issuance of an Order to this effect. 

(5) The Minister may, for good cause, require medical 

examinations of employees in any workplace at the expense



of the operator of the workplace to ascertain whether their 

health has been or is being adversely affected by their employ- 

ment therein, by the issuance of an Order to this effect. 

D17. (1) The Minister, acting through the Labour $Zvnt and 

Commissioner, may undertake research into the cause of and programme. 

the means of preventing employment injury, in the course 

of which he may co-operate with any other unit of Govern- 

ment or any other organization undertaking similar research. 

(2) The Minister, acting through the Labour Commis- 

sioner, may undertake programmes to reduce or prevent 

employment injury, in the course of which he may co-oper- 

ate with any other unit of Government or any other organi- 

zation undertaking similar programmes. 


D18. (1) The Minister shall have overall responsibili- Resp~nsibilit~ for 

administration. 

ty for the administration of this Division. 

(2) The Labour Commissioner shall be responsible for 

the day-to-day administration of this Division except insofar 

as this Division provides otherwise and except that the 

Minister, on a temporary basis, may impose certain duties 

on other Government officers. 

(3) Labour inspectors, within the Labour Inspection 

Service of the Labour Department, shall investigate complaints 

of violations of this Division and, on a regular basis, 

make routine checks of employers' con~pliance therewith. 

D19. (1) The operator of any workplace and his ~ ' ~ ~ ~ n $ e ~ 

agents and employees shall permit the entry of and shall fur- means to 

nish the necessary means and facilities to an inspector for 

the purpose of his performance of duties enumerated herein. 

(2) An inspector may, if he has reasonable cause to 

apprehend any serious obstruction in the course of his duties, 

take with him a police officer.



Special p owers of D20. (1) An inspector may take for analysis samples 

inspector. 

of material used or intended to be used in a workplace which 

he thinks may prove on analysis to be likely to cause bodily 

injury to persons employed. 

(2) An inspector, having reasonable cause to believe that 

any condition exists at a workplace or any extension thereof 

which may cause bodily harm to any persons employed or 

performing duties therein, shall serve written notice upon 

the operator thereof of his intention to recommend that the 

Minister issue an appropriate remedial order under section 

D16. 

(3) Whenever an inspector is of the opinion that the 

employment of any young person in the workplace or any 

process or part thereof is or may be prejudicial to his or any 

other person's health, he may serve written notice thereof 

on the operator of the workplace requiring the cessation of 

or the imposition of specified limitations upon that young 

person's employment, and, thereafter, the requirements of 

the notice shall become an obligation under this Division. 

Offences, Penalties and Legal Proceedings 

Offences. D21. (I) In the event of the contravention of any 

obligation created under any provision of this Division or 

of any regulation or order issued thereunder, by any person 

upon whom the obligation is imposed, whether the operator 

of a workpalce or a person employed therein, said operator 

or person shall be guilty of an offence. 

(2) If such contravention be by an employed person, 

the operator of the workplace shall also be guilty of an offence 

if it is proved that he failed to take all reasonable steps to 

prevent the contravention. 

(3) If the operator of a workplace avails himself of any 

exemption allowed under this Division or any order or regula- 

tions issued thereunder, he shall be deemed to have con- 

travened the provisions of this Division if he fails to comply 

with any of said conditions contained therein.



(4) Where an offence committed by the operator of a 

workplace under this Division or any order or regulations 

issued thereunder is proved to have been committed with 

the consent or connivance of, or to have been facilitated by 

any neglect on the part of any director, chairman, other 

officer, manager or person other than the operator, he, as 

well as the operator, shall be guilty of the offence and shall 

be liable to be proceeded against and punished accordingly. 

(5) If a young person is employed in any workplace 

in contravention of the provisions of this Division or any 

order or regulations issued thereunder, the parent of the 

young person shall be guilty of an offence, unless the con- 

travention occurred without the consent, connivance, or wilful 

default of the parent. 

D22. (1) If any persons are employed in a workplace E~ZP 

other than in accordance with this Division, or any regula- ,ff,,,,,. 

tion or order thereunder, there shall be deemed to be asepa- 

rate contravention in respect of each person so employed. 

(2) It is hereby declared that where the contravention 

of any provision of this Division or any regulation or order 

thereunder is a continuing offence: 

(a) the recommencement of such offence after any 

interval constitutes a fresh offence; and 

(6) a prosecution may be instituted, and the per- 

son accused may be convicted and sentenced, from time 

to time, in relation to any portion of the period during 

which the offence continues to be committed: 

Provided, however that such portion shall not be 

a portion of the period for which the accused has been 

previously convicted and sentenced for the same offence. 

D23. (I) A failure to comply with section D9 is an ~;'~o&nces, 

offence for which the non-complying person shall be liable 

on summary conviction to a fine of seventy-five dollars, or 

thirty dollars for each day since the expiration of the month 

stipulated therein, whichever is the greater, or to imprison- 

ment for two months.



(2) If a parent of a young person shall be guilty of an 

offence under section D2 1(5), he shall be liable on summary 

conviction to a fine of seventy-five dollars. 

(3) If any person- 

(a) forges or counterfeits any certificate required 

by, under, or for the purposes of this Division or any 

regulation or order thereunder; 

(b) gives or signs any such certificate knowing it 

to be false in any material particular; 

(c) knowingly utters or makes use of such certificate 

so forged; counterfeited, or false as aforesaid; 

(6) knowingly utters or makes use of such certificate 

as applying to any person to which it does not so apply; 

(e) personates any person named in such certificate; 

0) falsely pretends to be an inspector; 

(g) wilfully connives in any such forging, 

counterfeiting, giving, signing, uttering, making use, 

personating, or pretending as aforesaid; 

(h) wilfully makes a false entry in any register, 

notice, certificate, or document required by, under, or 

for the purposes of this Division or any regulation or 

order thereunder to be kept or served or sent; 

(i) wilfully makes or signs a false declaration re- 

quired by, under, or for the purposes of this Division 

or any regulation or order thereunder; or 

@ knowingly makes use of any such false entry 

or declaration as aforesaid, 

he shall, without prejudice to any other penalty, be guilty 

of an offence and liable on summary conviction to a fine 

of fifteen hundred dollars, or to imprisonment for one year. 

(4) The operator of any workplace or any person therein 

who- 

(i) 

obstructs or delays an inspector in the due 

exercise of any power conferred on him by or 

under this Division;



(ii) refuses to answer or falsely answers, any 

inquiry authorized by or under this Division; 

(iii) fails to produce any register, book, document 

or other record he is required by or under this 

Division to produce; or 

(iv) conceals or prevents, or attempts to conceal 

or prevent, any person from appearing before 

or being examined by an inspector, 

shall be guilty of an offence and liable on summary convic- 

tion to a fine of seventy-five dollars or to imprisonment for 

three months; and, in the case of a second or subsequent 

conviction under this section within two years from the last 

conviction for a previous offence under this section to a fine 

of one hundred and fifty dollars or to imprisonment for six 

months. 

(5) If any person suffers bodily injury or is killed, or 

dies, in consequence of the operator of the workplace having 

contravened any provision of this Division or any regula- 

tion or order thereunder, the operator shall on summary con- 

viction, without prejudice to any other penalty, be liable to 

a fine of fifteen hundred dollars, and the whole or part of 

the fine may be applied for the benefit of the injured person 

or of the family of the deceased person, or otherwise, as the 

Court determines: 


(a) in the case of injury to health, the operator shall 

not be liable to a fine under this subsection unless the 

injury was caused directly by the contravention; and 

(b) the operator shall not be liable to a fine under 

this subsection if proceedings against him under this 

Division in respect of the act or default by which the 

injury was caused, have taken place and been dismiss- 

ed before death as a result of the injury occurred. 

D24. Subject as hereinafter in this Division provid- sf^ 

ed, any person guilty of an offence for which no express penal- which no express 

ty is provided shall be liable on summary conviction to a penalty p rovided . 

fine of three hundred dollars; and if the contravention in 

respect of which he was so convicted is continued after the 

conviction he shall (subject to the provisions of section D25)



be guilty of a further offence and liable on summary convic- 

tion in respect thereof to a fine of thirty dollars for each day 

on which the contravention is so continued. 

Power to issue D25. The power to make regulations under this Diviregulations 

includes power to sion includes the power to prescribe for offences against such 

prescribe regulations such penalty not exceeding one hundred and fifpenalties 

for 

contraventions ty dollars for each offence and, in the case of a continuance 

thereunder. of any such offence, a further penalty not exceeding fifteen 

dollars for each day that such offence shall continue after 

service of written notice thereof; and in default of payment 

of such penalties, imprisonment for three months. 

order Power cause Of court of to D26. Where the operator of a workplace is convicted 

contravention to of an offence under this Division the Court may, in addibe 

remedied. tion or instead of inflicting a fine, order him, within the time 

specified in the order, to take such steps as may be so specified 

for remedying the matters in respect of which the contravention 

occurrred, and may, on application, enlarge the time 

so specified; and where such an order is made, the operator 

shall not be liable under this Division in respect of a continuation 

of the contravention during the time allowed by 

the court; but if, after the expiration of the time as originally 

specified or enlarged by subsequent orders, the order 

is not complied with, the operator shall be liable (in addition 

to the penalty above prescribed for the offence) on summary 

conviction to a fine of thirty dollars for each day on 

which non-compliance continues. 

Penalties for D27. Where an act or default for which the operator 

persons actually 

committing of a workplace is liable is in fact the act or default of some 

offence f or which agent, servant, worker, or other person, that agent, servant, 

aperator is liable. 

worker or other person shall be guilty of an offence and liable 

to a fine as if he were the operator. 

Proceedings 

where inspector 

or operator 

believes the 

offender to be 

other than 

operator. 

D28. (1) When it is made to appear to an inspec- 

tor at the time of discovering an offence- 

(a) that an operator of the workplace has used all 

due diligence to enforce the execution of this Division; 

(b) that the offence has been committed by a per- 

son other than the operator; and



(c) that it has been committed without the consent, 

connivance, or wilful fault of the operator, 

the inspector shall proceed against the person whom he 

believes to be the actual offender without first proceeding 

against the operator. 

(2) In proceedings brought against the operator, the 

operator shall be entitled upon information duly laid by him 

and on giving the prosecution no less than three day's notice 

in writing of his intention, to have any other person whom 

he charges as the actual offender brought before the court 

at the time appointed for hearing the charge. Thereupon, 

if the commission of the offence be established, the operator 

may seek to prove- 

(a) that he used all due diligence to enforce the 

execution of this Division and of any relevant regula- 

tion and order issued thereunder; and 

(b) that the said other person had committed that 

offence in question without his consent, connivance, or 

wilful default, 

in which case the person thus charged may cross-examine 

the operator if he testifies and any other witness called by 

him, and he may introduce rebutting evidence; and the pro- 

secution may cross-examine witnesses brought on behalf of 

either the operator or the other person and may itself 

introduce evidence. 

(3) If, thereupon, the allegations noted in subsection 

2 (a) and (b) hereinabove be proved to the satisfaction of 

the Court, the other person shall be summarily convicted 

of the offence; and the person so convicted shall, in the discre- 

tion of the Court, be also liable to pay any costs incidental 

to the proceedings. 

(4) Where, under this Division any person is substituted 

for the operator with respect to any provision of this Divi- 

sion, any order, summons, notice, or proceedings, which 

for the purpose of any of these provisions is by or under 

this Division required or authorized to be served on or taken 

in relation to the operator, is hereby required or authorized 

to be served on or taken in relation to that person.



purposes of this Division, any person shall, on application 

and payment of the prescribed fee, be entitled to obtain a 

certified extract under the hand of the Registrar-General of 

the entry in the register under the Births and Deaths Cap.53. 

(Registration) Act of the birth of the person. 

D3 1. (1) Any document (including any summons or f:2zg ;d 

order) required or authorized to be served under this Divi- documents. 

sion may be served- 

(a) on any person by delivering it to him, or by 

leaving it at his residence; 

(6) on any firm by delivering it to any partner 

thereof, or by leaving it at the principal place of business 

of such firm, and in the case of a limited company by 

delivering it to an offlcer of the company at the registered 

office; 

(c) on the operator of a workplace (even though 

it be a limited company) in any such manner as 

aforesaid, or by delivering it, or a true copy thereof, 

to any person apparently not under the age of sixteen 

years at the workplace. 

(2) Any such document intended to be served upon the 

operator of the workplace may be addressed to "the operator" 

at the proper address of the workplace without further name 

or description. 

(3) The foregoing provisions of this section shall apply 

(with the necessary modifications) to the sending of any 

documents required or authorized to be sent under this 

Division. 

D32. In any premises the whole or any part of which ~~;d;d;ryc~ufi 

has been let or is being used as a workplace- agreements and 

apportion 

(a) where an agreement between the owner and expenses. 

the operator of the workplace prevents one or other from 

making alterations in the premises which are necessary 

to conform to any requirement or standard imposed by 

or under this Division or any regulations or order 

thereunder, the Court, upon the application of either



Prosecution of D29. In any proceedings under this Division it shall 

offences and 

recovery and be sufficient in the information, which shall be laid by or 

applications of on behalf of the Labour Commissioner, to allege that the 

fines. 

workplace is a workplace within the meaning of this Division 

and to state the name of the ostensible operator thereof. 

Special 

provisions as to 

evidence. 

(2) Where, with respect to and in consequence of any 

accident in a workplace, a report is made by an authority 

appointed to hold a formal investigation under any law, or 

a coroner's inquest is held, and it appears from said report 

or from the proceedings at said inquest that any of the pro- 

visions of this Division or any regulations or orders 

thereunder were not complied with at or before the time of 

the accident, summary proceedings against any person liable 

to be proceeded against in respect of such noncompliance 

may be commenced at any time within three months after 

the making of the report or the conclusion of the inquest 

as the case may be. 

(3) Where any offence is committed under this Divi- 

sion by reason of a failure to make an examination, enter 

a report or do any other thing, at or within a time specified 

by this Division or by any regulation or order thereunder, 

the offence shall be deemed to continue until the examina- 

tion is made, or a report entered, or the other thing done, 

as the case may be. 

D30. (1) Where any entry in a register or record is 

required to be made by this Division or any regulation or 

order thereunder- 

(a) any entry made therein by or on behalf of the 

operator of a workplace shall be admissible against him 

as evidence of the facts therein stated; and 

(6) the absence of the entry shall beadmissible as 

evidence that the requirement has not been observed. 

(2) Where, in any proceedings under this Division with 

respect to a young person, it appears to the court that the 

young person is apparently of or below the age alleged by 

the informant, it shall lie on the defendant to prove that the 

young person is not of or below that age; but where the age 

of any person is required to be ascertained or proved for

Saving. 



party in an action joining the other, may after a hear- 

ing, issue an order setting aside or modifying the agree- 

ment to permit the making of the necessary alterations; 


(b) where alterations in the premises are necessary 

to conform to any requirement or standard imposed by 

this Act or any regulations or order thereunder, the 

Court, upon the application of the owner or the operator 

of the workplace in an action joining the other, may, 

after a hearing, issue an order apportioning the expenses 

of said alterations. 

Effectiveness, Repeal, etc. 

D33. The fact that an employer or employee has com- 

plied with or failed to comply with any of the provisions of 

this Division shall not affect any right ,of an employee to 

compensation, or the liability or obligation of any employer 

or employee, under any statute relating to compensation for 

employment injury; with respect to any such rights, liabilities, 

or obligations, the provisions of that statute shall govern. 

Effective date. D34. The provisions of this Division shall become 

effective upon enactment. 

SCHEDUI~E (Section D9) 

Particulars to be Submitted by Operator of a workplace. 

1. Name of the operator of the workplace. 

2. Address and location of the workplace.



3. Nature of the work carried on in the workplace. 

4. Whether mechanical power is used and, if so, its 

nature. 

5. Whether steam boilers are used and, if so, the follow- 

ing particulars in respect of each such boiler- 

(a) Type, description and distinctive number; 

(b) Country and year of manufacture; 

(6) Date of the last thorough examination and name 

of the person by whom the examination was made; 

(a!) Maximum permissible working pressures in 

pounds per square inch. 

6. (a) Total number of persons employed in the 

workplace; 

(b) Where persons are employed, in shifts, the max- 

imum number employed at any one time. 

Women, Young Persons and Children (Employment) 

El. This Division may be cited as the Women, Young Short title. 

Persons, and Children (Employment) Division. 

E2. In this Division, unless the context otherwise Inte~etation. 

requires- 

"agricultural undertaking" means the cultivation of any crop, 

or any related activities; 

"child" means a person under the age of fourteen years; 

L < compulsory school age" is that period during which a child 

or young person is required to attend school under Cap- 145- 

the Education Act;


employment of 

children. 



"industrial undertaking" means any manufacturing, min- 

ing, storage, construction, or land, sea, or air 

transport enterprise; and the term includes a com- 

mercial enterprise of any kind and any office or 

other related operation; 

"night work" means work performed between the hours of 

ten p.m. and five a.m.; 

"parent or guardian" means a parent or guardian of a child 

or young person; and the term includes any per- 

son who is liable for the maintenance of, who has 

the custody of or has control over said child or 

young person, or who has or would have a direct 

benefit from the earnings of said child or young 

person; 

"ship" means any seagoing ship or boat of any description 

registered or licensed in Antigua and Barbuda; 

' 6 

woman" includes any person of the female sex without 

distinction of age; and 

L 6 young person" means a person who has ceased to be a 

child and who is under the age of eighteen years. 

E3. (1) No child shall be employed or shall work in 

a public or private agricultural or industrial undertaking or 

in any branch thereof, or on any ship: 

Provided that the above contained prohibition shall not 

apply - 

(i) to any undertaking or ship on which only 

members of the same family are employed; 

(ii) to members of a recognized youth organiza- 

tion who are engaged collectively in such 

employment for the purposes of fund raising 

for such organization; and 

(iii) to a child who is working together with adult 

members of his family on the same work and 

at the same time and place; and 

Provided further that any chid so working shall not work 

within school hours or for a period of more than eight hours



in any twenty-four hour period or more than thirty hours 

in any one hundred and sixty-eight hour period or at night. 

(2) The provisions of this section shall not apply to the 

exercise of manual labour by any child under order of deten- 

tion in a reformatory or industrial school or by any child 

receiving instructions of manual labour in any school pro- 

vided that such work is supervised by any government depart- 

ment or public authority. 

E4. Any parent or guardian of a child who, by wilful i$z:rof 

default or by habitually neglecting to exercise due care, has guardian. 

contributed to the commission of the offence of taking a 

child into employment in contravention of this Division, 

shall be guilty of an offence. 

E5. (1) No young person shall be employed unless ~ ~ ~ ; 

he has been found fit for the work he is expected to perform young persons. 

after a thorough medical examination; and, thereafter, his 

employment shall be subject to medical supervision until he 

is no longer a young person. 

(2) A person shall not employ a young person who is 

within the compulsory school age during school hours. 

(3) Except as hereinafter provided, no young person 

shall be employed on night work, namely- 

(a) no young person shall be employed or shall 

work during eleven consecutive hours any of which are 

between ten p.m. and five a.m. in any public or private 

agricultural or industrial undertaking, br in any branch 

thereof, other than an undertaking in which only 

members of the same family are employed and any per- 

son who employs any young person or permits him to 

work in contravention of the provisions of this section 

shall be guilty of an offence; 

(6) young persons of the age of sixteen years or 

over may be employed or work between ten p.m. and 

five a.m. on work which, by reason of the nature of 

the process, is required to be carried on continuously 

day and night, but only in undertakings which may be 

declared to come under an exception created by Order 

of the Minister.



(4) The provisions of subsection (1) shall not apply to 

such employment or work of young persons of the age of 

sixteen years or over in cases of emergencies which could 

not have been controlled or foreseen and which are not of 

a recurring character. 

(5) When, in case of serious emergency, the public 

interest demands it, the Minister may, by order, suspend 

the prohibition of night work in relation to young persons 

of the age of sixteen years or over as respects all undertak- 

ings for such period as he may deem necessary. 

(6) Any person who contravenes the requirements of 

subsections (1) to (3), shall be guilty of a? offence, and any 

such offender, including in the case of a corporation, any 

director or officer thereof who authorizes, permits, or 

acquiesces therein shall be guilty of an offence and liable 

on summary conviction to a fine of three hundred dollars. 

(7) The Minister may by regulation vary above 

requirements with respect to bona fide training programmes, 

under conditions he may deem appropriate. 

Registers to be E6. (1) Every employer in an agricultural or in- 

kept. 

dustrial undertaking shall keep a register of all persons under 

the age of eighteen years employed by him, and every ship- 

master shall keep a register, or a list in the articles of agree- 

ment of all such persons employed on board his ship. 

False certificate 

or representation 

as to age. 

(2) Such register or list, as the case may be, shall con- 

tain particulars of the names, addresses, and dates of birth 

of all such persons, and of the dates on which they enter 

and leave such employment, and shall on request at any 

reasonable time be produced for inspection by any public 

officer duly authorized to that effect. 

(3) Any employer or shipmaster failing to comply with 

or acting in contravention of the provisions of this section 


tion to a fine of three hundred dollars. 

E7. Where a child or young person is taken into 

employment in contravention of this Division on the production, 

by or with the privity of the parent or guardian,


Antigua and Bar6uda Labour Code (CAP. 27 93 

of a false or forged certificate, or on the false representation 

of his parent or guardian that such child or young person 

is of an age at which such employment is not in contraven- 

tion of this Division, that parent or guardian shall be guilty 

of an offence. 

E8. (1) No woman shall, merely by reason of her Equal pay for 

women. 

sex, be employed under terms or conditions of employment 

less favourable than that enjoyed by male workers employed 

in the same occupation and by the same employer. 

(2) Any person who contravenes the provisions of 

subsection (1) shall be guilty of an offence and liable on sum- 

mary conviction to a fine of one thousand dollars and in 

addition thereto the Court may order that the employer con- 

victed of an offence under this section shall pay to the 

employee concerned such sums of money as the Court is 

satisfied she has been underpaid and such order shall rank 

as a judgment debt and may be enforced accordingly. 

E9. (1) Where the offence of taking a woman or Liability of agent 

of employer. 

young person or child, as the case may be, into employment 

in contravention of this Division is committed by an agent 

of the employer, such agent shall be liable to a penalty as 

if he were the employer. 

(2) Where the employer is charged with an offence 

under this Division, he shall be entitled upon information 

duly laid by him, to have any other person whom he charges 

as the actual offender brought before the Court at the time 

appointed for hearing the charge; and if, after the commis- 

sion of the offence has been proved, the Court is satisfied 

that the employer used due diligence to comply with the pro- 

visions of this Division and that the other person committed 

the offence in question without the employer's knowledge, 

consent or connivance, the other person shall be summarily 

convicted of the offence, and the employer shall be found 

not guilty. 

E10. (1) Any labour inspector shall have power to Etg;:; 

enter any premises or place wherein any industrial under- 

taking is carried on, or to board any ship, for the purpose 

of ascertaining whether any woman, young person, or child 

is employed in contravention of this Division, and to inspect

Regulations. 


CAP. 27) Anticua and Barbuda Labour Code 

such premises, place, or ship, and examine any person therein 

touching the employment of any woman, young person or 

child. 

(2) Any person refusing admission to or obstructing a 

duly authorized labour inspector in the execution of any duty 

under this Division shall be guilty of an offence and liable 

on summary conviction to a penalty of three hundred dollars. 

1 . 

respect to- 

The Minister may make regulations with 

(a) the cleanliness, freedom from effluvia, over- 

crowding, ventilation and general sanitary conditions 

of any premises or place wherein women, young per- 

sons or children are employed; 

(b) the maximum hours of employment of women, 

young persons or children and the times allowed for 

meals; and 

(c) requirements generally designed for better car- 

rying out of the provisions of this Division. 

Penalty for E12. Any person guilty of an offence against this 

contraventions 

not expressly Division or any regulations made thereunder for which no 

provided. penalty is expressly provided shall be liable on summary conviction 

to a fine of seventy-five dollars, and in the case of 

a second or subsequent offence to a fine of one hundred and 

fifty dollars. 

Effective date. E13. The provisions of this Division shall become 


Work Permits 

short title. Fl . This Division may be cited as the Work Permits 

Division.



F2. In this Division, unless the context otherwise Interpretation. 

requires- 

" engage in employment" means- 

(a) take or continue in any employment; 

(b) practise any profession; 

(c) engage in any trade or business; or 

(d).engage or be employed in any form of 

occupation, 

whether or not such employment, profession, trade, 

business or occupation is taken or continued, or 

is engaged in, practised or carried on, for reward, 

profit, or gain; 

' 6 

self-employment" means employment on one's own 

behalf, and not under a contract of employment, 

express or implied; and 

"work permit" means a work permit issued under the 

provisions of this Division. 

F3. The provisions of this Division shall not apply Appfication. 

to any employed person- 

(a) who is a citizen of Antigua and Barbuda or is 

employed by the Government; 

(b) who is a member of Her Majesty's regular 

naval, military or air forces; 

(6) who is duly accreditied to the State by or under 

Her Majesty or the Government of any Commonwealth 

or foreign state, or the wife, family, staff or servant of 

any such person; 

(6) holding the Status of diplomatic agents; 

(e) employed by the United Nations or its specialis- 

ed agencies; 

V) employed in an executive capacity by the Carib- 

bean Community, the Eastern Caribbean Currency 

Authority, the Caribbean Development Bank, the

Prohibition 

against 

employment. 

Applications for 

work permit. 

Action upon 

application for 

work permit. 



Organisation of Eastern Caribbean States or the 

Economic Affairs Division of the Organisation of Eastern 

Caribbean States; or 

e) who is a person or one of a class of persons 

to whom, by Order of the Minister, this Division shall 

be declared not to apply. 

F4. A person who is not a citizen of Antigua and 

Barbuda shall not engage in employment or self-employment 

in Antigua and Barbuda unless he has obtained a work per- 

mit issued by or on behalf of the Minister. 

F5. (1) Application for a work permit, or its renewal 

or extension, shall be made by or on behalf of the person 

for whom the work permit is sought by the filing, with the 

Employment Service of the Labour Department, of an 

application in the form prescribed in the First Schedule com- 

pleted in triplicate; and, unless the applicant is a self- 

employed person, said application must be accompanied by 

a statement in triplicate completed by the intended employer, 

in the form prescribed in the Second Schedule. 

(2) On every application for a work permit, or renewal 

thereof a fee of ten dollars shall be paid by or on behalf of 

the applicant. 

F6. (1) The Chief of the Employment Service shall 

conduct an investigation of the conditions surrounding any 

application for a work permit, and he shall make a report 

and recommendation to the Minister, and in making such 

report and recommendation- 

(a) he shall take into consideration, among other 

things, the effect of the grant upon employment oppor- 

tunities open to citizens of Antigua and Barbuda; and 

(b) he may recommend that any work permit 

granted contain such condition or conditions as appear 

to be warranted under the circumstances, including the 

conditions that- 

(i) there be assigned, from among citizens of 

Antigua and Barbuda, a counterpart-trainee 

to the position for which the work permit is 

being granted; and



(ii) a condition of renewal by the filing of periodic 

reports on the progress of the counterpart- 

trainee. 

(2) Thereupon, the Minister shall decide whether or 

not, and under what conditions, the permit shall be granted. 

(3) Where a work permit is granted or renewed, it shall 

take the form prescribed in the Third Schedule and, shall 

not be valid unless and until the fees prescribed under sec- 

tion F10 shall have been paid. 

(4) A work permit granted shall be effective for such 

period, not exceeding oile year, as the Minister shall allow; 

but, upon application duly filed under section F5 and con- 

sidered as prescribed under subsection (1) hereunder, said 

permit may be renewed by the Minister from time to time. 

F7. (1) If any person acts in contravention of or fails Penalty 

applicable to 

to comply with the provisions of section F4, or fails to com- employees or 

ply with any condition specified in a work permit granted self-employed 

persons. 

to him, he shall be liable on summary conviction to a fine 

of fifteen hundred dollars or to imprisonment for six months, 

and any work permit granted to him shall thereupon be 

cancelled. 

(2) In any such proceeding, a work permit signed by 

the Minister stating the conditions upon which the permit 

is granted shall be conclusive evidence of such conditions 

unless the defendant proves otherwise. 

F8. (1) If any employer employs a person who Penalty 

applicable to 

requires a work permit without that person having first employers. 

obtained such work permit or in non-compliance with the 

conditions attaching to a work permit, such employer shall 

be guilty of an offence and shall be liable on summary con- 

viction to a fine of fifteen hundred dollars or to imprison- 

ment for six months. 

(2) Where any offence against this section is commit- 

ted by a body corporate, the chairman and every director 

and every officer of the body corporate who knowingly 

authorises or permits the offence shall be liable to the same 

penalty.


98 CAP. 27) Antkua and Barbuda Labour Code 

False statements 

in application, 

etc. 

F9. If any person knowingly or wilfully makes any 

false statement in any form specified in section F5 which 

is filed with the Employment Service of the Labour Department 

or in response to any queries put to him in the course 

of an investigation made under section F6 (I), he shall be 

liable on summary conviction to a fine of seven hundred 

and fifty dollars or to imprisonment for three months. 

Fees. FlO. (1) There shall be paid by any person granted 

a work permit such fee as shall be prescribed by the Minister 

by Order. All such Orders may be varied or amended at 

any time and shall as soon as possible be laid before 

Parliament. 

(2) The Minister may prescribe different fees for 

different persons or categories of persons and for persons 

receiving different wages or salaries at such rates as may 

be prescribed. 

(3) All fees for work permits shall be paid into the Con- 

solidated Fund. 

Regulations. 1 . The Minister may issue regulations, not incon- 

sistent with the provisions of this Division, for the administra- 

tion thereof. 

F 12. The Work Permit Act 197 1 is repealed; except 

Repeal. 

6 of 1971. 

s.~.ko.l4/1971. that the Work Permit (Exemption) Order, 1971 issued under 

S.R.&0.15/1971. section 3 (e) thereof and Work Permit (Fees) Order, 1971 

issued under section 10 thereof shall be deemed to have been 

issued under sections F3 (1) (g) and F10, and shall remain 

in effect until and unless revised by further Order issued 

under said respective sections; and except that all work permits 

issued under that Act, which have not expired, shall 

be considered to have been issued under section F6. 

Effective date. F13. The provisions of this Division shall become 


Transitional. F 14. Notwithstanding anything in this Division, a 

person who, on 3 1st October, 1981, was regarded as belong- 

ing to Antigua for the purposes of this Division and who 

on 1st November, 1981, is not a citizen of Antigua and



Barbuda according to law shall, for the purposes of this Divi- 

sion, and only for those purposes, be deemed to be a citizen 

of Antigua and Barbuda- 

(a) for a period of eighteen months beginning with 

1st November, 1981; or 

(b) if before the expiration of that period he applies 

to be registered as a citizen of Antigua and Barbuda, 

until he is so registered, or his application is finally 

refused. 

Application under section F5 of WORK PERMITS DIVISION 

of the Antigua and Barbuda Labour Code. 

hereby make application for work permit under the provisions 

of the Work Permit Division of the Antigua and Barbuda Labour 


The particulars stated below are true and correct- 

. . 

(a) Country of origln .......................................................................... 

(b) Date of Birth ...................................................................................... 

(6) Training and experience 

(d) Number, date and place of issue of Passport 

(e) Date of arrival in Antigua and Barbuda ............................ 

(f) Period of stay granted by Immigration Authorities ...... 

&) Place of residence before arriving in Antigua and Barbuda 

(h) Employerllntended employer ...................................................... 

(9 Salary or wage ...................................................................................... 

@ (If self-employed) Business, trade, occupation or profession



(k) Comments ............................................................................................ 

Dated this day of , 19 ......., 

................................. 

Signature of Applicant. 

Attachment to Application under section F5 of 

WORK PERMITS DIVISION 


IIWE ..................................... .................., of .............................. hereby 

request that a work permit be issued to 

The particulars stated below are true and correct to the best 

of our knowledge, information and belief- 

(a) Nature of employment offered 

(b) Nature of mylour business, trade, profession or 

occupation. 

(6) Rate of pay and conditions of employment offered 

(d) Was vacancy advertised locally? (Give details) 

................................................................................... 

Signature. 

(if a company, stamp and signature 

of Director.)



THIRD SCHEDULE 

WORK PERMIT under section I76 of WORK PERMITS 

DIVISION 


THIS WORK PERMIT is issued to ................................................ 

(hereinafter called the holder) under the provisions of the Work 

Permit Division of the Antigua and Barbuda Labour Code. 

The holder may, during his stay in Antigua and Barbuda 

be employedlengaged as a- 

by .................................................................. 

under the following conditions: 

This work permit shall be valid for a period of 

from the date of issue. 

Dated this ................ day of ......................... 19 ...................... 

.................................................... 

Minister responsible for Labour. 

DIVISION G 

Trade Unions 

1 . This Division may be cited as the Trade Unions short title. 

Division. 

G2. In this Division, unless the context otherwise Interpretation- 

requires- 

'' committee of management" of a trade union means 

all officers and trustees thereof; 

"registered trade union" means a trade union registered 

under Division H; and 

"statutory objects" means the regulation of the rela- 

tions between workmen and employers, or between

LAWS OF ANTIGUA AND B mUDA 


workmen and workmen; the negotiation and deter- 

mination of employees' working conditions in the 

conduct of business; andfor the providing of benefits 

to employees. 

General Principles 

Legality of action 63. Within the limitations set forth hereinbelow, the 

in pursuance of 

statutory objects. performance of acts in pursuance of the statutory objects shall 

not be unlawful; and the fact that two or more persons per- 

form such acts shall not, merely by virtue of this joint ac- 

tion, be construed to make the acts unlawful. 

Combinations 

with objects 

other than 

~tamtory~~j~cts- 

Suits by and 

against trade 

unions. 

64. (1) Subject to the provisions of section GI8 any 

combination composed of employees or of persons acting on 

behalf of employees which has, in whole or in part, the 

statutory objects shall be deemed to be a trade union for 

the purposes of this Division. 

(2) The fact that any such combination's pursuance of 

objects other than statutory objects does not prevent it from 

being a trade union is not, however, to be construed as 

entitling it to perform acts in pursuance of any unlawful 

objects. 

G5. (1) Within the limitations set forth in this Division 

any trade union may sue or be sued- 

(a) if there are trustees, in the name of its trustees; 

(6) if there are no trustees, in the name of any of 

its officers; 

(c) if there are no officers, in the name of any of 

its members; or 

(6) if there are no present members, in the name 

of any of its last-known trustees, officers, or members. 

(2) In any action by or against a trade union, the per- 

sons authorized by the rules of the union so to act, are hereby 

empowered to bring or defend, or cause to be brought or 

defended, any action, suit, prosecution, or complaint in any 

court of law or equity or in any authorized tribunal, touching



upon or concerning the property, right, or claim of proper- 

ty of the union; and shall or may in all cases concerning 

the real or personal property of such trade union, sue and 

be sued, plead and be impleaded in any such court, in their 

proper names and titles, without other description. 

(3) No such action, suit, prosecution, or complaint shall 

be discontinued or shall abate by reason of the death or 

removal from office of any such person, but the same shall 

proceed and may be proceeded in by his successor as if such 

death, resignation or removal had not taken place; and such 

successor shall pay or receive the like costs as if the action, 

suit, prosecution, or complaint, had been commenced in his 

name as one of the parties for the benefit of, or to be reim- 

bursed from, the funds of the union. 

(4) A summons to be issued to any such person may 

be served by leaving the same at the registered office of the 

union. 

G6. A court shall not entertain any legal proceedings When trade 

union contracts 

instituted with the object of directly enforcing or recovering not 

damages for the breach of- 

(i) any agreement between a trade union and an 

employer, except as provided by section K27; 

(ii) any agreement between members of a trade 

union concerning the conditions on which any 

members of the union shall or shall not sell 

their goods, transact business, employ or be 

employed; 

(iii) any agreement for the payment by any per- 

son for any subscription or penalty to a trade 

union; 

(iv) any agreement for the application of funds of 

a trade union- 

(a) to provide benefits to members; 

(b) to furnish contributions to any 

employer or workman not a member of that 

union in consideration of the employer or 

workman acting in conformity with the rules 

and resolutions of the union; or


actions of tort 

against trade 

unions. 

Removal of 

liability for 

restraint of 


CAP. 27) Antifua and Barbuda Labour Code 

(6) to discharge any fine imposed upon 

any person by sentence of a court of justice; 

(v) any agreement between one trade union and 

another; or 

(vi) any bond to secure the performance of any of 

the above agreements: 

Provided however that nothing in this section shall be 

deemed to render any of the above mentioned agreements 

unlawful. 

G7. (1) An action against a trade union or against 

any members or official thereof on behalf of themselves or 

of other members thereof, in respect of any tortious act alleged 

to have been committed in respect of industrial action by 

or on behalf of the union, shall not be entertained by any 

court. 

(2) Nothing in this section shall affect the liability of 

the trustees of a trade union to be sued for any tortious act 

committed by any of them personally, except in respect of 

any tortious act committed by or on behalf of the union in 

contemplation of or in furtherance of a trade dispute. 

68. (1) The purposes of any trade union registered 

under this Division shall not, by reason merely that they 

trade. may be in restraint of trade, be deemed so unlawful as to 

render any member of such trade union liable to criminal 

prosecution for conspiracy or otherwise. 

(2) The purposes of any such trade union shall not by 

reason merely that they are in restraint of trade be unlawful 

so as to render void or voidable any agreement or trust 

involving the union. 

Removal of G9. An act done in contemplation or furtherance of 

liability for 

breaching a trade dispute shall not be actionable on the ground only 

employment that it induces some other person to break a contract of 

contract, etc. 

employment or that it is an interference with the trade, 

bus%-&, or employment of some other person, or with the 

right of some other person to dispose of his capital or his 

labour as he wills.



GlO. Every undertaking or promise, whether written Fmise~ not to 

join unions. 

or oral, express or implied, constituting or contained in any 

agreement to hire or in any employment contract between 

any prospective employee or employee and any employer 

wherein the employee promises not to join, become, or 

remain a member of a trade union is hereby declared to be 

contrary to public policy, shall not be enforceable in any 

court, and shall not afford the basis for the granting of legal 

or equitable relief by any court. 

1 . 

(1) An agreement or combination of two or Conspiracy in 

relation to trade 

more persons to do or procure to be done any act in disputes. 

contemplation or f~~rtherance of a trade dispute shall not be 

indictable as a conspiracy if the act, if committed by one 

person, would not be a crime. 

(2) An act done in pursuance of an agreement or com- 

bination by two or more persons shall, if done in contempla- 

tion or furtherance of a trade dispute, not be actionable unless 

the act done without any such agreement or combination 

would be actionable. 

(3) It shall be lawful for one or more persons, acting 

on their own behalf or on behalf of a trade union or of an 

individual employer or firm, in contemplation or furtherance 

of a trade dispute, to attend at or near a place where a person 

works, carries on a business, or happens to be, or any a p 

proach to such place, within the limitations of section K20(2) 

(h) if they do so merely for the purpose of peacefully obtain- 

ing or communicating information (whether or not such 

information is in fact true) or of peacefully persuading any 

person to work or to abstain from working. 

(4) Notwithstanding subsections (1) to (3) inclusive 

nothing in this section shall affect the law relating to riot, 

unlawful assembly, breach of peace, or sedition or any offence 

against Antigua and Barbuda. 

G12. Except in strict conformity with the provisions ~~;~~~~;;:;;e, 

of this Code, no court shall have jurisdiction to issue any in trade disputes. 

restraining order or interlocutory or perpetual injunctive relief 

in any case involving or growing out of any trade dispute, 

to prohibit any participating or interested persons from doing, 

whether singly or in concert, any of the following acts-



(a) ceasing or refusing to perform any work or to 

remain in any relation of employment; 

(6) becoming or remaining a member of any labour 

organization, regardless of any such undertaking or 

promise as is described in section G10; 

(c) paying or giving to, or withholding from, any 

person participating or interested in such trade dispute, 

any strike or unemployment benefits or insurance, or 

other moneys or things of value; 

(d) by all lawful means aiding any person par- 

ticipating or interested in any trade dispute who is being 

proceeded against in, or is prosecuting, any action or 

suit in any court; 

(e) giving publicity to the existence of, or the facts 

involved in, any trade dispute, whether by advertising, 

speaking, patrolling, or by any other method not 

involving fraud or violence; 

Cf) assembling peaceably to act or to organize to 

act in promotion of their interests in a trade dispute; 

e) advising or notifying any person of an inten- 

tion to do any of the acts heretofore specified; 

(h) agreeing with other persons to do or not to do 

any of the acts heretofore specified; or 

(i) advising, urging, or otherwise causing or in- 

ducing without fraud or violence the acts heretofore 

specified, regardless of any such undertaking or pro- 

mise as is described in section G10. 

Limitations upon 613. No officer or member of any trade union and 

responsibility for 

unlawful acts of no trade union participating or interested in a trade disothers. 

pute, shall be held responsible or liable in any court for the 

unlawful acts of individual officers, members, or agents, 

except upon proof of actual participation in, or actual 

authorization of, such acts, or of ratification of such acts 

after actual knowledge thereof. 

Application of 

union funds. 

614. (1) Any trade union shall have power to apply 

its funds for any lawful object or purpose as and when 

authorized by its constitution.



(2) The funds of a trade union shall not be applied, 

either directly or indirectly or in conjunction with another 

trade union, association or body, or otherwise indirectly in 

the furtherance of the political objects set forth in subsection 

(3) (without prejudice to the furtherance of any other political 

objects), except under the following conditions- 

(a) The furtherance of each of these objects by 

funds of the union must have been approved by separate 

resolutions passed on a ballot of members or delegates 

of the union taken at a regular or special meeting thereof 

in accordance with the provisions of this section by a 

majority of those voting; 

(6) Any payments in furtherance of these objects 

must by made out of a separate fund (in this Division 

referred to as a political fund of the union,) which fund 

shall not come from the general treasury of the union 

but shall come from special levies upon the members 

in accordance with a resolution referred to in paragraph 

(a); and 

(c) Any member of a trade union may, within 

twenty-one days after receiving notice of a special levy 

sent him in accordance with a resolution referred to in 

paragraph (a) give written notice that he objects to con- 

tributing to the union's political fund under this levy, 

in which case he shall, as long as his notice is not 

withdrawn, become exempt from contributing to said 

fund under this levy. 

(3) The political objects to which a political fund applies 

are the expenditure of money- 

(a) on the payment of any expenses incurred direct- 

ly or indirectly by a candidate or prospective candidate 

for election to the House of Representatives or any public 

office (that is, the office of member of any municipal 

body or of any local road board or of any public body 

which has power to raise money, directly or indirectly, 

by means of a rate) before, during, or after the election 

in connection with his candidature; 

(b) on the holding of any meeting or the distribu- 

tion of any literature or documents in support of any 

such candidate or prospective candidate;



(6) in connection with the registration of electors 

or selection of a candidate for the House of Represen- 

tatives or public office; 

(4 on the holding of political meetings of any kind, 

or on the distribution of political literature or political 

documents, unless the main purpose of the meetings 

or of distribution of the literature is the furtherance of 

statutory objects within the meaning of this Division; or 

(e) on the maintenance of any person who is a 

member of the House of Representatives or who holds 

a public office. 

(4) Any member who is exempt from an obligation to 

contribute to the union's political fund in accordance with 

subsection (2) (6) shall not therefor be placed in any respect, 

either directly or indirectly, under any disability or at any 

disadvantage as compared with other members of the union 

(except in relation to the control or management of that part 

of the political fund as to which he is exempt from any obliga- 

tion to contribute). 

(5) Contribution to a political fund shall not be made 

a condition for admission to a union. 

Amalgamation G15. Any two or more trade unions may, by the con- 

unions. 

sent of not less than two-thirds of the members or delegates 

of each thereof, become amalgamated together as one trade 

union, with or without any dissolution, division, or pooling 

of the funds of the union parties or either or any of them; 

but no amalgamation shall serve to extinguish any of the 

pre-existing rights or obligations of any of the union parties. 

Membership of 

minors. 

G16. Any person under the age of legal majority but 

not under the age of sixteen years may be a member of a 

trade union, unless provision to the contrary is made in the 

rules thereof; and he may, except as hereinbelow provided, 

enjoy all the rights of a member, execute all instruments, 

and give all acquittances necessary to be executed or given 

under the rules, but- 

(i) 

he shall not be a member of a committee of 

management, a trustee, or the treasurer of a 

union;



(ii) he may, by writing under his hand, delivered 

at or sent to the registered office of the union, 

nominate any person other than an officer or 

servant of the union (unless such officer or ser- 

vant is the husband, wife, father, mother, 

brother, sister, nephew, or niece of the 

nominator) to whom any moneys payable on 

the death of the member shall be paid at his 

decease; and he may from time to time 

thereafter revoke or revise such nomination 

by writing under his hand similarly delivered 

or sent; and on receiving satisfactory proof of 

the death of the nominator, the union shall 

pay to the current nominee the amount due 

to the deceased member. 

G17. (1) If any person, by false representation or Falsely obtaining 

or misapplying 

impersonation, obtains possession of any moneys, securities, ,,ion .fkCts. 

books, papers, or other effects of a trade union, or, having 

the same in his custody or possession, wilfully withholds or 

fraudulently misapplies the same, or wilfully applies any part 

of same to purposes other than those expressed or directed 

in the rules of said trade union, said person shall be guilty 

of an offence; and on summary conviction therefor, the court, 

if it sees fit, may summarily order such person to deliver 

up all such moneys, securities, books, papers, or other ef- 

fects to the trade union or to repay the amount of money 

obtained or applied improperly and to pay a further sum 

not exceeding three hundred dollars, together with costs. 

(2) Upon non-compliance with an order under subsec- 

tion (1) in whole or in part, the Court may order the person 

so convicted to be imprisoned, for any period not exceeding 

six months. 

(3) Nothing herein shall prevent the said trade union 

from taking whatever other legal steps against the person 

aforesaid for the recovery of said moneys, etc., or from pro- 

ceeding by indictment against him; but no person shall be 

proceeded against by indictment if a conviction has been 

previously obtained for the same offence under the provi- 

sions of this Division.


Formation of 

union. 

Subsequent 

actions. 

618. Any combination of two or more persons 

devoted to, among other things, the pursuance of statutory 

objects, shall qualify as a trade union within the meaning 

as assigned thereto by section A5; provided that, within ten 

days of the formation thereof- 

(i) it adopt a name- 

(a) which name shall not be identical with 

that of any registered trade union; and 

(b) which name shall not so nearly resem- 

ble that of any registered trade union as to be 

likely to deceive; 

(ii) it establish the location of a registered office 

to which all communications and notices may 

be addressed; 

(iii) it adopt a constitution and a set of rules none 

of which shall be inconsistent with the statutory 

objects of a trade union; and 

(iv) it designate persons to act as officers, including 

at least two trustees. 

Gig. (1) A trade union may, after formation, make 

such changes in its name (within the requirements of sec- 

tion G18(i) (a) and (6) ), its registered office, its constitution 

and rules, and the identities of its officers, as it sees fit: 

Provided, however, that any such changes shall be made 

only by motions or resolutions passed on a ballot of members 

or delegates taken at a regular or special meeting thereof 

by a majority of those voting. 

(2) No such changes shall affect any right or obligation 

of the union or any of its members, and any pending litiga- 

tion may be continued by or against the trustees or any other 

officer of the union, who may sue or be sued on behalf of 

said trade union. 

(3) (a). At least once per period of twelve months after 

the formation of the union, there shall be prepared, no 

later than ninety days after the expiration of the period 

covered, an accurate report of the union's financial tran- 

sactions and an accounting of its assets and liabilities,



audited by a chartered accountant or other qualified pro- 

fessional accountant unconnected with the union except 

with respect to this auditing function. 

(b) A copy of the report shall be made available 

for inspection and copying by any member, on request 

of that member. 

(c) Responsibility for compliance with paragraphs 

(a) and (b) shall be that of the committee of manage- 

ment of the union, jointly and severally; and any con- 

travention thereof shall be an offence, making an 

offender liable on summary conviction to a fine of one 

hundred and fifty dollars. 

G20. (1) Each trade union, registered or unregistered Filing of 

collective 

within ten days of the final execution or amendment thereof, agreements. 

shall file with the Labour Department a copy of each collec- 

tive agreement between it and any employer covering 

employees of that employer. 

(2) Responsibility for compliance with the requirement 

of subsection (1) shall be that of the committee of manage- 

ment of the union, jointly or severally; and any contraven- 

tion thereof shall be an offence, making an offender liable 

on summary conviction to a fine of one hundred and fifty 

dollars. 

G21. Any person, who with intent to mislead or copies Circulating of ~les, false 

defraud, gives to any member or to any person intending etc. 

or applying to become a member of a trade union- 

(i) 

a copy of any rules thereof, on the pretence 

that they are the existing rules of the union 

and that there are no others, when in fact they 

are not the existing rules; or 

(ii) a copy of any rules, on the pretense that such 

rules are the rules of a registered trade union, 

when in fact the union is not a registered trade 

union, 


tion to a fine of one hundred and fifty dollars.


112 CAP. 27) Antkua and Barbuda Labour Code 

Acts not 

applicable to 

unions. unions: 

Cap. 184. 

Cap. 94. 

G22. The following Acts shall not apply to trade 

(i) the Friendly Societies Act; and 

(ii) the Companies Act. 

General Principles Applicable to Registered 

Trade Unions 

Ownership of G23. (1) Any registered union may own property, 

property. 

both real and personal. 

(2) All real or personal property belonging to any 

registered trade union shall be vested in the union's trustees 

for the time being, for the use and benefits of the trade union 

and its members. 

(3) Upon the death or removal of any such trustees the 

property shall vest in the succeeding trustees for the same 

estate and interest as the former trustees had therein, and 

subject to the same trusts, without any conveyance or assign- 

ment whatsoever. 

(4) In all actions, suits, indictments, or summary pro- 

ceedings before any court touching upon or concerning any 

such property, the same shall be stated to be the property 

for the time being of those holding the said office of trustees, 

in their proper names, as trustees of said union, without any 

further description. 

(5) Any registered trade union may purchase or take 

upon lease or rental, in the name of trustees of the union 

for the time being, any real or personal property; 

(6) Any registered trade union may sell, exchange, mor- 

tgage, bail, or let its property, in any of which cases, no 

purchaser, assignee, mortgagee, bailee, or tenant (whichever 

is appropriate) shall be bound to inquire whether the trustees 

have authority for said sale, exchange, mortgage, bailment 

or letting; and the receipt of trustees shall be a discharge 

for any money obligation arising therefrom.



G24. When a person, being or having been a trustee Absence 

disability of 

of a registered trade union, in whose name any stock belong- 

ing to such union which is transferable at any bank in Antigua 

and Barbuda, either solely or jointly with another or others,- 

(a) is absent from Antigua and Barbuda; 

(b) becomes bankrupt or files any petition or 

executes any deed for liquidation of his affairs by assign- 

ment or arrangement or for composition with his 

creditors; 

(6) becomes a lunatic; 

(6) is dead or, if it be unknown whether he is liv- 

ing or dead; or 

(e) has been removed from his office of trustee, 

the Labour Commissioner, on application from the secretary 

and three members of the union and on proof satisfactory 

to him, may direct the transfer of the stock into the name 

of any other person or trustee for the union; and 

(i) 

such transfer shall be made by the surviving 

or continuing trustees; or 

(ii) if there be no such trustees or if such trustees 

refuse or are unable to make such transfer and 

the Labour Commissioner so directs, the 

transfer shall be made by the manager of the 

bank, 

in either of which cases the bank is hereby indemnified against 

any claim or demand of any person injuriously affected 

thereby. 

G25. A trustee of any trade union registered under Limitation 

responsibility 

of of 

this Division shall not be liable to make good any deficiency 

which may arise or happen in the funds of the union, but 

shall be liable only for the moneys which are actually receiv- 

ed by him on account of said union.



Miscellaneous 

Effective date. 626. The provisions of this Division shall become 


Bargaining Agents Registration 

Short title. HI. This Division may be cited as the Bargaining 

Agents' Registration Division. 

Interpretation. HZ. In this Division, unless the context otherwise 

requires- 

' < control or domination of an employer, group of 

employers, or employers' association", means such 

control or domination as has been found under Part 

I of Division K; 

Eligibility of 

bargaining agents 

"federation of employers' associations" means an 

organization composed of a combination or 

amalgamation of employers' associations; 

"federation of trade unions" means an organization 

composed of a combination or amalgamation of 

trade unions; and 

'6 

parent organization" in relation to a trade union or 

employers' association, means an organization of 

which the union or association is a branch or 

section. 

H3. (1) Every trade union or federation of trade 

for registration. unions which is composed of seven or more members, and- 

(a) is not under the control or domination of an 

empl'oyer or group of employers; and 

(b) has power, without the concurrence of any 

parent organization, to alter any of its own rules and 

to control the application of any of its own property 

and funds,



shall be eligible for registration under this Division except 

that no federation of trade unions shall be eligible for registra- 

tion unless all the constituent or affiliated trade unions of 

which it consists are registered. 

(2) Every employers' association or federation of 

employers' associations which has power, without the con- 

currence of any parent organization, to alter its own rules 

and to control the application of its own property and funds 

shall be eligible for registration under this Division except 

that no federation of employers' associations shall be eligi- 

ble for registration unless all the constituent or affiliated 

employers' associations are registered. 

H4. (1) Application for registration shall be made ~ ~ : ~ ~ ~ : : ~ f o ' 

with the Labour Commissioner by or on behalf of the 

bargaining agent seeking registration in such form and man- 

ner as the Labour Commissioner shall require. 

(2) Together with any such application, the following 

shall be furnished- 

(a) a copy of the rules of the organization and a 

list of its officers; 

(b) the names and addresses of branches, if any; 

(c) the number of members at the time of applica- 

tion; and 

(d) if the organization has been in operation for 

a period prior to the filing of the application, a state- 

ment setting forth such information for that period (but 

no more than for the year preceding the filing) as would 

be contained in an annual financial report of the 

organization required of all registered organizations 

under section H8 (2); 

(3) Upon the filing of any application for registration, 

a fee of ten dollars shall be paid. 

H5. (1) Upon the filing of any application for Action 

application for 

registration under this Division, the Labour Commissioner registration. 

shall, himself or through an appointee within the appropriate 

Service of the Labour Department, investigate whether the



bargaining agent seeking registration is in fact eligible for 

registration. 

(2) In said investigation, the Labour Commissioner, 

or his appointee, may examine books and records and may 

make such inquiries of such persons as he deems necessary 

to determine the eligibility for registration of the bargaining 

agent seeking same. 

(3) In said investigation, any person who fails or refuses 

to produce the books and records required for examination 

or who produces such books and records which contain 

material false representations of which he is aware, or any 

person who fails or refuses to respond promptly to inquiries 

directed to him hereunder or who, in his response, wilfully 

makes false representations, shall be guilty of an offence for 

which he shall be liable on summary conviction to a fine 

of three hundred dollars. 

(4) If he is satisfied from the investigation that the 

bargaining agent seeking registration is not eligible for same, 

the Labour Commissioner shall issue an order denying 

registration, giving the reasons therefor. 

(5) An applicant denied registration under subsection 

(4) may within five days, request a review of the denial by 

a Board of Review, under procedures according with Sec- 

tion B13; 

(6) A final order denying registration is without pre- 

judice to a new filing for registration under section H4 by 

or on behalf of the bargaining agent denied registration, at 

any subsequent date. 

(7) If he is satisfied from his investigation that the 

bargaining agent seeking registration is eligible for same, 

the Labour Commissioner shall issue a certificate of registra- 

tion to the bargaining agent- 

(a) stating whether it is a trade union, an 

employers' association, or otherwise; and 

(6) specifying the name in which the bargaining 

agent is registered; but the name so specified-



(i) shall not be identical with that of any other 

bargaining agent presently registered; and 

(ii) shall not so nearly resemble that of any other 

' bargaining agent presently registered as, in the 

opinion of the Labour commissioner, to be 

likely to deceive. 

(8) During the interval between the filing of its applica- 

tion and the issuance of an order denying registration or 

a certificate of registration (whichever is applicable), a 

bargaining agent shall be presumed eligible for registration 

and shall enjoy the privileges of a registered bargaining agent 

as specified in this Code and shall be subject to the respon- 

sibilities of a registered bargaining agent as specified in sec- 

tion H6 or H7, whichever is applicable, and of section H8; 

except that the presumption shall not apply if- 

(a) an order denying registration has been issued 

under subsection (4) until and unless the order has been 

reversed by a decision on review; 

(b) the application is a renewed application filed 

within one year after the issuance of a final order deny- 

ing registration to the same bargaining agent; or 

(c) the application is a renewed application filed 

within one year of the issuance to that bargaining agent 

of a certificate of de-registration under section H10. 

(9) A certificate of registration issued shall be valid for 

one year from the date of issuance; provided, however that, 

within ten days after said issuance, there be paid by or on 

behalf of the bargaining agent covered by the certificate a 

fee based upon a scale fixed by an order of the Minister, 

which scale shall be based, at least in part, upon the number 

of members in the bargaining agent seeking registration. 

H6. (1) A registered trade union shall adhere to the Y~~~~le;o~f 

course of conduct specified in the following subsections. registered trade 

unions. 

(2) Any person who applies for membership, and who- 

(a) is a worker of the description, or of one of the 

descriptions, of which its members wholly or mainly con- 

sist, and



(b) is appropriately qualified for employment as a 

worker of that description, 

shall not, by way of arbitrary or unreasonable discrimina- 

tion, be excluded from joining said trade union; except that, 

if, within the twelve months immediately preceding his 

application, he has been expelled from membership therein 

in accordance with subsection (9) his application for member- 

ship may be rejected therefor. 

(3) There shall be periodic elections of officers, occur- 

ing at intervals of no more than two years; 

(4) Except on a temporary basis in emergency situa- 

tions, no person shall hold office except by election; 

(5) No person shall hold office for more than two years 

except upon re-election; 

(6) No member of the trade union in good standing 

shall be unreasonably excluded from- 

(a) attending or taking part in any meeting of the 

trade union; 

(6) being a candidate for or holding any office 

therein; 

(6) nominating candidates for such office; 

(d) voting in any election for such office; or 

(e) voting in any ballot of the members thereof. 

(7) Any ballot among the members of the trade union, 

upon request of any member, shall be secret; and, in any 

ballot and on any motion, every member shall have a fair 

and reasonable opportunity to vote without interference or 

restraint. 

(8) With respect to the annual financial report a copy 

of which is' required to be prepared under section H8 (5) 

herein, the trade union shall- 

(a) supply a copy thereof free of charge to each of 

its members; or



(b) cause the report to be published in a journal 

relating to its affairs which is available to its members; or 

(c) post a copy for easy inspection by members. 

(9) No member of the trade union shall be subjected 

by or on behalf of the trade union to any unfair or 

unreasonable disciplinary action; specifically, except in 

respect of non-payment of any contribution which, under 

the rules of the trade union, he is required to pay, no member 

shall be subjected to discipf nary action, including expulsion 

from membership, unless- 

(i) he has had a written notice of the charges 

brought against him under an existing rule of 

the trade union; 

(ii) he has been given a reasonable time to prepare 

his defence; 

(iii) he is afforded a full and fair hearing; and 

(iv) a written statement of the findings resulting 

from the hearing is given him. 

(10) In the event of a person's expulsion from the trade 

union in accordance with subsection (9) he shall not be 

caused to lose his employment thereby, 

(1 1) No restriction shall be placed on any member in 

respect of his instituting procedures, or prosecuting, defen- 

ding, or testifying in any court or tribunal or before the 

Minister or the Labour Department. 

(12) A member may withdraw from membership at any 

time, upon reasonable notice; and he shall not be caused 

to lose his employment thereby. 

(13) The trade union's current rules shall be available 

for inspection by members at all reasonable times. 

(14) The trade union's rules- 

(a) shall not be inconsistent with any of the re- 

quirements of subsections (2) to (13); and 

(6) shall be uniformly applied.



Principles of 

conduct for 

registered 

employers' subsections. 

organizations. 

H7. (1) A registered employers' association shall 

adhere to the course of conduct specified in the following 

(2) Any person who applies for membership, and who 

is an employer or individual proprietor of the description 

or of one of the descriptions, of which its members wholly 

or mainly consist, shall not, by way of arbitrary or 

unreasonable discrimination, be excluded from membership 

in the association. 

(3) No member of the association shall be subjected by 

or on behalf of the association to any unfair or unreasonable 

disciplinary action. 

(4) A member may withdraw from membership at any 

time, upon reasonable notice: 


(a) he may not effectuate any withdrawal during 

the period from the commencement of a series of col- 

lective negotiation meetings on his behalf to the date 

of the reaching of a collective agreement resulting from 

said negotiations, the imposition of the terms of a col- 

lective agreement by a decisional officer created by this 

Code, or the abandonment of bargaining by both his 

bargaining agent and the trade union with which it has 

been bargaining (whichever is applicable); and, 

(b) any withdrawal effective upon the reaching of 

or imposition of a collective agreement as specified in 

subparagraph (a) shall not serve to release him of any 

obligation under said agreement for the full term thereof. 

(5) The current rules of the organization shall be 

available for inspection by any member at all reasonable 

times. 

(6) .The rules of the organization- 

(a) shall not be inconsistent with any of the re- 

quirements of subsections (2) to (5); and 

(b) shall be uniformly applied.



H8. (1) Every registered bargaining agent shall have :22:;yts 

a registered office to which all communications and notices bargaining 

may be addressed for any purpose. 

(2) Every registered bargaining agent shall cause to be 

kept proper accounting records with respect to all of its assets 

and liabilities, and all of its financial transactions; and in 

connection therewith, it shall establish and maintain a 

satisfactory system of control of said accounting records its 

cash holdings, and all its receipts and remittances. 

(3) Said accounting records shall not be .regarded as 

proper if they do not give a fair view of the financial state 

of affairs of the bargaining agent. 

(4) Every registered bargaining agent shall appoint an 

auditor to audit its accounting records at least once per year, 

which auditor shall be a chartered accountant or other 

recognized accountant unconnected with the union except 

with respect to this auditing function. 

(5) Every registered bargaining agent shall cause to be 

prepared, and to be audited, an annual financial report. 

(6) Within ninety days after the close of the fiscal year 

covered thereby, every registered bargaining agent shall file 

a copy of said report, and a certificate of audit thereof with 

the Labour Commissioner. 

(7) Every registered bargaining agent shall keep a 

register of its members in such form as the Labour Com- 

missioner shall require. 

(8) Every registered bargaining agent, within ninety 

days after the close of the fiscal year covered by the annual 

financial report prescribed in subsection (5) shall submit a 

summary report of its membership to the Labour Commis- 

sioner in such form as he shall require; provided, however, 

that the report need not contain the names of individual 

members. 

(9) Every registered bargaining agent shall file with the 

Labour Department a copy of every collective agreement 

agents, in 

general.



Renewed 

registration. 

Withdrawal or 

cancellation of 

to which it is a party within ten days of the execution or 

amendment thereof. 

(10) Whenever there is a change in the name, the ad- 

dress of the registered office, the rules, the officers, or the 

names or addresses of branches, if any, of a registered 

bargaining agent, that organization shall notify the Labour 

Commissioner thereof within ten days after any such change 

is made. 

H9. (1) On the anniversary date of each bargaining 

agents' registration, the Labour Commissioner shall issue 

a new certificate of registration to that organization free of 

charge. 

(2) The new certificate of registration issued shall be 

valid for one year from the date of issuance. 

HlO. (1) The registration of a bargaining agent shall 

registration. be cancelled- 

(a) upon the request of the organization; or 

(b) if the organization is no longer eligible for 

registration under this Division. 

(2) A registered trade union is no longer eligible for 

registration under this Division if- 

(a) It no longer meets the requirements of section 

H3 (1); 

(b) It fails to adhere to any of the principles of con- 

duct set forth in section H6; or 

(c) It fails to comply with any of the requirements 

of section H8. 

(3) A registered employers' association is no longer eligi- 

ble for registration under the Act if- 

' 

(a) it no longer meets the requirements of section 

H3 (2); 

(6) it fails to adhere to any of the principles of con- 

duct set forth in section H7; or



(6) it fails to comply with any of the requirements 

of section H8. 

(4) (a) The Labour Commissioner shall, if he has 

received a specific complaint in writing from any per- 

son who is a member of the registered bargaining agent 

the subject of the complaint alleging that such registered 

bargaining agent is no longer eligible for registration 

and if it appears to the Labour Commissioner that the 

particulars of which complaint if true would be a ground 

for refusing registration, thereupon investigate the 

eligibility for registration of such registered bargaining 

agent. 

(b) Such investigation shall be conducted by the 

Labour Commissioner or his appointee from among the 

officers in the appropriate Service of the Labour 

Department. 

(c) In the conduct of the investigation, the Labour 

Commissioner, or his appointee, shall have the same 

powers as are described in section H5 (2) and any per- 

son who fails to produce books or records required for 

examination hereunder or who produces such books or 

records which contain material false representations of 

which he is aware or who fails to respond promptly to 

inquiries directed to him hereunder or who, in his 

responses, wilfully makes false representations, shall be 

guilty of an offence for which- 

(i) 

he shall be liable on summary conviction to 

a fine of three hundred dollars; and 

(ii) if the person convicted is an officer of the 

bargaining agent under investigation, the 

Labour Commissioner may cancel the registra- 

tion of such bargaining agent. 

(5) If, upon investigation, the Labour Commissioner 

believes that the registered bargaining agent is no longer eligi- 

ble for registration, he shall issue a rule setting forth his belief, 

with the grounds therefor in writing and calling upon the 

bargaining agent to show cause, within a specified period, 

why the registration should not be cancelled.



(6) If no response to the rule to show cause is filed, 

the Labour Commissioner shall forthwith issue a certificate 

of deregistration. 

(7) If a response to the rule is filed, the Labour Com- 

missioner shall consider same and shall take appropriate steps, 

including but not limited to the following- 

(a) he may decide the matter upon the rule and 

the response; 

(b) he may make, or cause to be made by an officer 

in the appropriate Service of the Labour Department, 

such further investigation as appears to be necessary; and 

(c) he may provide for a hearing on the matter, 

at which he shall preside. 

(8) If, upon the basis of steps taken under subsection 

(7) he is satisfied that the involved organization is not eligi- 

for continued registration he shall issue an order to this effect. 

(9) If, upon the basis of steps taken under subsection 

(7) he is satisfied that the involved organization is not eligible 

for continued registration, he shall- 

(a) issue an order requiring the organization, 

within a time specified within the order, to make such 

changes as he deems necessary for it to be eligible for 

continued registration and he shall consider the acts 

thereupon taken in determining what next to do; or 

(b) issue a certificate of deregistration. 

(10) All actions of the Labour Commissioner taken 

under this section shall, upon a written request, filed within 

5 days, be reviewed by a Board of Review under procedures 

according with section B13. 

(11) A bargaining agent whose registration has been 

cancelled at its request or to whom a certificate of deregistra- 

tion has been issued shall no longer be considered a registered 

bargaining agent under this Division; but this is not to be 

construed as prohibiting future registration upon appropriate 

application and demonstration of the attainment of eligibility.

1 . 



(1) If, in the course of any investigation 

authorized in this Division the Labour Commissioner, his 

appointee, or any other person ascertains the name of any 

member of a trade union, he shall not disclose such name 

to any other person except in so far as disclosure within the 

Labour Department is necessary for the proper performance 

of his duties. 

(2) Any person who contravenes the above subsection 


tion to a fine of seven hundred and fifty dollars or to 

imprisonment for three months. 

of secrecy. 

H 12. The Minister may issue regulations, not Regulations. 

inconsistent with the provisions of this Division, for the 

administration thereof. 

H13. (1) In addition to the duties and responsibilities t:e,",l duties 

which are assigned to him under the provisions of this Divi- comm;s,~o,e,. 

sion and which may be assigned him by any regulations 

issued thereunder, the Labour Commissioner shall maintain 

a current list of bargaining agents registered under this Divi- 

sion, with the addresses of their respective registered offices. 

(2) He shall make available to any person for inspec- 

tion and copying at all reasonable times, the lists of registered 

bargaining agents and their registered addresses, and the 

notifications, reports or revisions thereof, filed with him by 

any registered agent within the past two years. 

(3) He shall include an account of his activities under 

this Division in the Annual Report of the Labour Depart- 

ment, or in an annex thereto. 

H14. All application and registration fees received Disposition of 

fees. 

shall be paid into the Consolidated Fund. 

H15. The provisions of this Division shall become Effective date. 

effective ninety days after enactment.



Short title. 

Employee-Representation Questions 

(Resolution) 

J1. This Division may be cited as the Employee- 

Representation Questions (Resolution) Division. 

National policy. 52. The following is the national policy underlying 

this Division: 

(a) Whereas the failure to resolve questions as to 

the existence, and the extent, of the desire of employees 

for bargaining representation is a cause of concern, 

unrest, and industrial strife; 

(b) Whereas, in the interests of equalizing the 

bargaining power of employer and employees,, a fun- 

damental principle of industrial life is that the choice 

of a majority of a group of employees should be the 

sole bargaining representative of the entire group; and 

(G) Whereas it is equally important that, if there 

is no majority choice, no trade union should be the sole 

bargaining representative of the entire group: 

(1) It now becomes necessary to create a machinery 

whereunder questions concerning representation can be 

resolved, machinery under which- 

(i) a unit of employees appropriate for collective 

bargaining purposes can be fixed; 

(ii) there shall be a secret ballot in which the 

uncoerced desires of the employees in an 

appropriate bargaining unit can be ascertain- 

ed; and, 

(iii) in the interests of industrial stability, the choice 

of said employees thus demonstrated shall be 

effective for a reasonable period thereafter; but, 

(iv) after a reaonable period has passed, there shall 

be the opportunity for said employees to 

express themselves anew in a secret ballot. 

(2) The choice of the majority of an appropriate unit 

of employees, having the obligation to represent all employees



in said unit for bargaining purposes, may receive remunera- 

tion for its services. 

53. 

requires- 

In this Division, unless the context otherwise Interpretation. 

"certification", means the Labour Commissioner's 

official announcement that one or other registered 

trade union has received the requisite number of 

votes in a secret ballot among employees in an 

appropriate bargaining unit to entitle it to act as 

sole bargaining agent for the employees in said unit 

(and such trade union may be referred to herein 

as the "certified bargaining agent"); or the Labour 

Commissioner's official announcement that, in such 

a secret ballot, a majority of votes has been against 

any trade union being entitled to act as sole bargain- 

ing agent (and such announcement may be referred 

to herein as the "Certificate of Results"); 

"decertification", means the Labour Commissioner's 

official announcement that, in a secret ballot con- 

ducted under this Division, a trade union which 

has been acting as sole bargaining agent for a unit 

of employees has received less than the requisite 

number of votes entitling it to continue to act as 

sole bargaining agent for such employees (and such 

trade union may be referred to herein as the ''decer- 

tified union"); 

' L employee" shall not include the spouse, son or 

daughter, or parent of an employer where the 

employer is an individual proprietorship; the 

spouse, son or daughter, or parent of a partner 

where the employer is a partnership; or any per- 

son who owns or who has a beneficial interest in 

at least ten percent of the ownership of a corpora- 

tion which is the employer, or the spouse, son or 

daughter, or parent of any such person; 

"registered" trade union or employers' association 

means one registered under Division H; 

"sole bargaining agent 7 

' means the representative of 

a bargaining unit of employees, as described in sec- 

tion 54;

Right of 

exclusive 

representation. 

Method of 

resolving 

representation 

questions, 

generally. 



" supervisor" or "supervisory employee" means an 

individual having authority in the interests of an 

employer, to hire, assign, transfer, reward, 

promote, demote, discipline, suspend, lay-off, or 

discharge other employees or responsibly to direct 

them or adjust their grievances, or effectively to 

recommend any such action, if in connection with 

the foregoing the exercise of such authority is not 

merely of a routine or clerical nature, but requires, 

rather, the use of independent judgement; and 

" union security arrangement" means any requirement 

whereunder membership of a trade union or pay- 

ment of a negotiating fee to a sole bargaining agent 

is a condition of entitlement to a benefit under a 

collective agreement. 

54. 

Despite the general rule laid down in section K3 

that an employee may be represented for bargaining purposes 

by an agent of his own choice or by no such agent, 

a registered trade union designated or selected for such 

purposes by a majority of the employees in a unit appropriate 

for collective bargaining purposes shall be the sole representative 

of all the employees in employment in said unit for 

the purposes of collective bargaining purposes in respect of 

the working conditions therein: 

Provided, however, that any individual employee, or 

group of employees, or any trade union so requested by an 

employee in the unit, shall have the right at any time to 

present grievances to an employer and to have such 

grievances adjusted, without the intervention of the sole 

bargaining agent, so long as the adjustment is not inconsis- 

tent with the terms of a currently effective collective agree- 

ment between the employer and the sole bargaining agent; 

on condition, however that the sole bargaining agent is given 

the opportunity to be present at such adjustment to ensure 

consistency with the terms of the agreement. 

J5. 

Whenever there is a timely-raised question as to 

whether or not a majority of the employees in any appropriate 

bargaining unit wish to be thus represented the question shall 

be decided through a secret ballot conducted by the Labour 

Commissioner, under the conditions set forth in this Division;



and, thereupon, the Labour Commissioner's certification of 

results shall constitute a resolution of the question. 

J6. Any employee or his registered bargaining agent, Initiation of 

proceeding. 

or any employer or his registered bargaining agent, may initiate 

the procedures leading to such secret ballot, by the 

filing with the Labour Commissioner of a Petition to Resolve 

Employee-Representation Question, which Petition shall 

describe the bargaining unit in which the question has arisen, 

and shall assert, under oath, either that- 

57. 

(i) at least thirty percent of employees herein have 

designated or selected a named or petitioning 

trade union, not presently recognized by their 

employer, as their sole bargaining agent, to 

represent them in collective bargaining; 

(ii) at least thirty percent of the employees therein, 

currently represented by a trade union as their 

sole bargaining agent, no longer wish to be 

so represented; 

(iii) a registered trade union, having been recogniz- 

ed by an employer as sole bargaining agent 

in said unit, which recognition, however, was 

not the result of the procedures provided 

herein, now seeks certification through such 

procedures; or 

(iv) an employer has been met with a request or 

demand by a registered trade union for 

recognition as sole bargaining agent in said 

unit and hereby seeks resolution of the validi- 

ty of the union's request or demand. 

(1) Immediately upon receipt of a Petition, under Preliminary 


section J6, the Labour Commissioner shall cause a copy ~o,m~ss~oner~ 

thereof to be posted on the bulletin board of the Labour 

Department, along with a notice calling upon any registered 

trade union (other than that for which the Petition seeks certification 

or decertification as sole bargaining agent) which 

has been designated or selected by at least thirty percent of 

the involved employees to assert a claim of intervention within 

five days.

i 



Action by 

Minister on 

referral. 

Formal 

proceedings. 

(2) Within five days thereafter, the Labour Commis- 

sioner, using the means described in section B5 (2) ( a) shall 

call all interested parties together or otherwise seek to settle 

the matter by voluntary adjustment or settlement, the only 

acceptable settlements in such a matter being- 

(a) an agreement by all parties that a secret ballot, 

as described in section J11, be conducted by the Labour 

Commissioner; or 

(b) an agreement by the Petitioner that the Peti- 

tion be withdrawn. 

(3) Within ten days after the filing of the Petition, if 

he has failed to achieve a voluntary adjustment or settle- 

ment, the Labour Commissioner shall transmit the matter 

to the Minister, with a full report thereon. 

58. 

On transmittal of the matter to him, the Minister 

shall seek to settle the matter as called for by section B6 (1); 

and, should he fail to effect a voluntary adjustment or settlement 

of all issues within twenty days of the filing of the 

Petition, he shall refer the matter to a Hearing Officer for 

formal handling in accordance with section B6 (2). 

J9. (I) The Hearing Officer to whom the formal 

handling of a Petition to Resolve Employee-Representation 

Question is assigned--either the Labour Commissioner or his 

appointee from the Labour Relations Service of the Labour 

Department-may, in his discretion, call the parties together 

into a pre-hearing conference in an effort to narrow the issues; 

but having caused a Notice of Hearing to be served on all 

parties, he shall commence the hearing within at least ten 

days after receiving the matter for formal handling. 


provisions of sections B9 and B10, the Hearing Officer shall 

hear and determine such of the following issues as arise for 

determination at the hearing- 

(a) the truth or falsity of the assertion of substan- 

tial employee support (or non-support, as the case may 

be) contained in the Petition or in a claim of 

intervention; 

(b) the appropriateness of the bargaining unit;



(c) the timeliness of the Petition; or 

(d) any other relevant issue by any of the parties. 

(3) (a) The issue having been raised by one or other 

of the parties, the truth or falsity of assertion of employee 

support (or non-support) contained in the Petition or 

in a claim intervention shall be investigated by the Hear- 

ing Officer during a short recess called by him. 

(6) The fact that either the petitioning union or 

a union claiming intervention is the union-signatory to 

a collective agreement which is currently effective or 

has recently expired and which covers, in whole or in 

part, the involved unit of employees, shall be presump- 

tive proof of employee support of that union. 

(c) Other evidence bearing on said support (or non- 

support) may take the form of employee signatures on 

bargaining-authorization cards or petitions (or decer- 

tification petitions), of the involved unions records of 

paid-up membership, or any other appropriate form. 

(d) In this investigation, the Hearing Officer shall 

compare the employees' names appearing in such 

evidence with those on a current list of employees in 

the unit. 

(e) Should the involved employer fail or refuse to 

furnish a current list of employees in the unit, it may 

be assumed that all names appearing on the evidence 

bearing on employee support (or non-support) are 

employees within the unit. 

(f) In no case shall the Hearing Officer or any other 

person reveal to anyone the names of the employees who 

supported (or failed to support) a trade union, as reveal- 

ed by the above evidence; and any person who fails to 

comply with this provision shall be guilty of an offence 

and liable on summary conviction to a fine of seven 

hundred and fifty dollars or imprisonment for three 

months. 


of the parties, the Hearing Officer shall receive stipulations, 

concessions, testimony, and arguments as to the



appropriateness of the bargaining unit described in the 

Petition. 

(b) Relevant factors bearing on the appropriateness 

of the unit shall include, but shall not be limited to- 

(i) the history of collective bargaining as it relates 

to the involved employer, other employers in 

the industry, and employers, generally, in 

Antigua and Barbuda; 

(ii) the community of interest among those 

employees within and outside the described 

unit; 

(iii) the interchangeability of, and line of progres- 

sion among, employees within and outside the 

described unit; and 

(iv) the integration of work-processes as between 

employees within and those outside the 

described unit. 

(c) Neither officials of management, supervisors, 

confidential clerical employees whose duties involve 

access to an employer's personnel records, nor security 

guard employees shall be included in a bargaining unit 

with other employees; but this is not to be interpreted 

as prohibiting the representation by trade unions, in 

separate bargaining units, of confidential clerical 

employees whose duties involve access to an employer's 

personnel records or of security guard employees. 


of the parties, the Hearing Officer shall receive stipula- 

tions, concessions, testimony, and arguments as to the 

timeliness of the Petition. 

(b) No election under this Division shall be held 

within one year of a valid election previously held; 

therefore, any Petition to Resolve Employee- 

Representation Question filed within one year of a valid 

election previously held shall be untimely. 

(c) Where the employees involved in the Petition 

are currently covered by a collective agreement between



their employer and the sole bargaining agent within the 

meaning of section 54 the existence of said contract shall 

act as a bar to any proceedings hereunder, and any Peti- 

tion shall thereupon be considered untimely: 


(i) if it be filed between thirty and ninety days 

before the termination of such agreement 

whose term be for one year or less, the Peti- 

tion shall be considered timely filed; 

(ii) if it be filed between sixty days and one hun- 

dred and twentv davs before the termination 

, I 

., 

of the areement whose term be more than 

one but no more than two years, the Petition 

shall be considered timely filed; 

(iii) if it be filed between ninety days and one hun- 

dred and fifty days before the termination of 

the agreement whose term be more than two 

years but not more than three years the Peti- 

tion shall be considered timely filed; and 

(iv) with respect to any agreement whose term 

exceeds three years, if it be filed during the 

last ninety days of the three-year period follow- 

ing the effective commencement date of said 

agreement, the petition shall be considered 

timely filed: 

And provided further that if both the employer- 

signatory and the trade union-signatory to any such 

agreement waive the existence of the agreement as a 

bar to any proceeding herein, the Petition shall be con- 

sidered timely filed. 

(6) Neither a collective agreement of indefinite 

duration, a collective agreement which fails to provide 

for sole recognition of the trade union-signatory, nor 

a collective agreement between an employer and an 

unregistered trade union shall be a bar to any pro- 

ceedings hereunder (and, hence, shall not render a Peti- 

tion untimely); but nothing herein should be construed 

as rendering such agreement unlawful-



(i) unless found to be unlawful under Part 1 of 

Division K; or 

(ii) except to the extent such agreements may con- 

tain provisions which contravene the 

requirements of any provision of this Code. 

(6) Any other relevant issue having been raised by one 

or another of the parties, the Hearing Officer shall receive 

stipulations, concessions, testimony, and arguments thereon. 

(7) The Hearing Officer, within ten days after the close 


tion B9 (5), in which- 

(a) he shall direct that a secret ballot be conducted 

under the supervision of the Labour Commissioner, 

specifying the bargaining unit in which the ballot be 

taken, the choice to appear on the ballot, and any other 

appropriate details; 

(6) he shall dismiss the Petition, specifying the 

reasons therefor; or 

(c) in accordance with section B11 he shall issue 

any other remedial order which is relevant to the issues 

and is just and reasonable on the merits of the case. 

Review by Board JIO. Any party to the proceeding may, within five 

of Review. 

days after the issuance of the Hearing Officer's decision, 

request a review thereof by a Board of Review, under pro- 

cedures according with section B13. 

The secret 1 . 

ballot. 

(1) The provisions of this section shall apply to 

secret ballots and conducted in accordance with an agreement 

of all parties as reached under section J7(2) (a) and 

those conducted under a direction of election appearing in 

a decision of a Hearing Officer issued in accordance with 

section J9(7) (a). 

(2) Any secret ballot conducted hereunder shall be con- 

ducted by, or under the supervision of, the Labour Com- 

missioner or his appointee. 

(3) Those eligible to vote shall be the employees within 

the appropriate bargaining unit.



(4) A copy or copies of a Notice of Election, to be fur- 

nished by the Labour Commissioner, shall be posted at a 

conspicuous place or at conspicuous places at or near the 

workplace of the employees in the involved bargaining unit 

for at least one week preceding the election, which notice 

shall- 

(a) give the date, hours, and place of balloting; 

(6) describe the requirements for elegibility to vote; 

(c) contain a notification, in bold print, that any 

trade union which obtains a majority of the valid votes 

cast shall be certified as the sole bargaining agent of 

all employees in the bargaining unit; and 

(4 contain a notification, in bold print, that if any 

trade union is thus certified a condition of the continua- 

tion of employment for such employees, beginning ten 

days after the certification, shall be either the 

maintenance of membership in said union or the periodic 

payment to said union of an appropriate fee for the 

bargaining services rendered. 

(5) At the election, each of the parties, including the 

involved employer, may be represented by an observer or, 

in the Labour Commissioner's discretion, by more than one 

observer, in equal numbers. 

(6) (a) On the ballot shall appear the names of the 

registered trade union with respect to which the Peti- 

tion seeks certification as sole bargaining agent (or the 

trade union with respect to which the Petition seeks 

decertification), the name of each registered trade union 

which has qualified for intervention, and a place for 

voters to reject representation by any trade union. 

(6) All trade union parties to the matter shall have 

a place on the ballot, but the only unregistered trade 

union which may appear thereon is one with respect 

to which decertification as sole bargaining agent is 

sought. 

(c) One of the choices on the ballot shall be "No" 

(on a one-union ballot), "Neither" (on a ballot con-



taining the names of two unions), or "None" (on a ballot 

containing the names of more than two unions). 

(7) Provision shall be made, at the election, for the 

challenge of the voting elegibility of a would-be-voter by any 

of the observers on grounds to be stated by the challenger; 

and, in the event of any such challenge, there shall be provi- 

sions for segregating and preserving in a sealed envelope 

the ballot of the challenged voter. 

(8) At the close of the election, the Labour Commis- 

sioner, or his appointee on his behalf, shall count the un- 

challenged ballots and issue a tally of Votes. 

(9) (a) Within five days of the issuance of the Tally 

of Votes (either of the original or of a run-off election) 

any party to the matter may file objections to the con- 

duct of the secret ballot or to its results specifying the 

grounds therefor. 

(6) If, in the opinion of the Labour Commissioner, 

the stated grounds for the objections, and the responses 

filed by any party, raise relevant issues as to the pro- 

priety of the election, he shall refer the matter to the 

Hearing Officer who conducted the original hearing. 

The conduct of the hearing on objections shall follow 

the procedures set forth in section J9 herein, with 

necessary alterations. 

(c) The Hearing Officer's decision-reviewable by 

a Board of Review-upon the validity of the election, 

shall recommend either that the Labour Commissioner 

issue certification in accordance with the Tally of Votes 

or that the election to which the objections are address- 

ed be set aside and that the Labour Commissioner con- 

duct a re-run election. 

(6) If a re-run election is conducted, the ballot 

thereon shall be the same as that in the election which 

was set aside, and the procedures therein shall accord 

with those set forth in subsections (2) to (9) inclusive.



(10) (a) If, in any election, the number of challenged 

ballots, if counted, are sufficient to change the results 

therein, the Labour Commissioner shall refer the matter 

to the Hearing Officer who conducted the original hear- 

ing. The conduct of the hearing on challenges - and 

it may be consolidated with a hearing on objections 

treated in subsection (9)-shall mutatis mutandis, follow 

the procedures set forth in section J9. 

(6) The Hearing Officer's decision-reviewable by 

a Board of Review-upon the validity of the challeng- 

ed ballots, shall recommend to the Labour Commis- 

sioner which of the challenged votes, if any, should be 

counted and added to the Tally of Votes and which, 

if any, should remain uncounted. 

(c) The Labour Commissioner shall thereupon 

open the sealed envelopes containing the challenged 

ballots which the ,Hearing Officer-with the approval 

of a Board of Review, if a review of the Hearing Officer's 

decision was requested-recommended be counted; he 

shall, maintaining the secrecy of the identity of the voter 

as to each such ballot, count said ballots; and he shall 

thereupon issue a Revised Tally of Votes. 

(11) If no choice on the ballot has received an overall 

majority of the valid votes cast, a run-off election shall be 

held between the two top choices within ten days. The pro- 

cedures to be followed in a run-off election shall accord with 

those set forth in subsections (2) to (8) inclusive. 

512. After all objections or challenges are disposed certification by 

Labour 

of, the Labour Commissioner shall issue a certification in Commissioner. 

accordance with the latest revised Tally of Votes; depending 

upon the votes of a majority of the employees who have cast 

valid ballots, which for purposes of this Act shall constitute 

a "majority" as used in section 54, he shall, as the case may 

be, either- 

(i) 

certify a registered trade union as the sole 

bargaining agent of the employees in the 

involved bargaining unit;



Effect of 

certification as 

sole bargaining 

(ii) decertify a trade union currently recognized 

as sole bargaining agent; or 

(iii) certify that no trade union has received a 

majority of the valid votes cast by the 

employees in the involved bargaining unit and 

that therefore no union is entitled to be their 

sole bargaining agent. 

513. (1) As provided by section 54 the certified trade 

union shall be the sole bargaining agent for all the employees 

agent. in the involved bargaining unit; and, as indicated in section 

K4(2) (c), it shall have the duty to represent all such 

employees in negotiating collective agreements. 

(2) (a) Every employee in the involved bargaining unit 

shall have the right to benefit from any collective agreement 

negotiated in terms of subsection (I), less a negotiating fee: 

Provided that where an employee becomes or having 

become remains a member in good standing of the certified 

trade union no such fee shall be paid to the certified trade 

union. 

(b) (i) The negotiating fee referred to in paragraph 

(a) shall be $50.00. The Minister may by order vary the 

amount of such fee. 

(ii) Any order made under sub-paragraph (i) shall 

be laid before the next ensuing session of 

Parliament and shall remain in force unless 

cancelled or amended by resolution of both 

Houses of Parliament, when it shall cease to 

have effect, or shall have effect in its amend- 

ed form but without prejudice to the validity 

of anything done by virtue of such order prior 

to such cancellation or amendment. 

(c) (i) The negotiating fee shall be payable by the 

employer in respect of each benefiting employee who 

does not satisfy the conditions in the proviso to 

paragraph (a) and, if not paid within thirty days shall 

be recoverable as a civil debt from the employer.



(ii) The negotiating fee referred to in this section 

shall be paid to the certified sole bargaining 

agent in respect of each collective agreement 

negotiated by it. 

(6) "Benefiting employee" for the purposes of this 

subsection means any person who was a member of the 

sole bargaining unit on the date when the collective 

agreement was made. 

514. Nothing herein is to be construed as making Informal 

recognition as 

illegal the request or demand by a registered trade union, bargaining 

or the granting of said request or demand by an employer, agent. 

that said employer recognize and treat the said trade union 

as the sole bargaining agent for a unit of his employees: 


(i) the trade union does in fact represent an un- 

coerced majority of the employees in said unit; 

(ii) the unit is not clearly inappropriate for 

bargaining purposes; and 

(iii) no other trade union is presently acting as the 

sole bargaining agent for the employees in said 

unit: 

and provided further that, with respect to such recognition 

achieved by a trade union without resort to machinery here 

established, there shall be no union security arrangement 

whatsoever. 

J15. The Minister may issue regulations for the Re@ations. 

effectuation of this Division which are not inconsistent with 

its provisions. 

J 16. The provisions of this Division shall become Effective date. 

effective upon the date on which the Labour Board becomes 

a functioning body under section B 19.



Short title. 

Industrial Relations (Regulation) 

Kl. This Division may be cited as the Industrial 

Relations (Regulation) Division. 

Interpretation. K2. In this Division, unless the context otherwise 

requires- 

"employees' self-organizational" rights are those 

described in section K3; 

L C essential services" are those listed in the Schedule; 

"fringe benefits" refers to work-benefits of employees 

above and beyond their basic wage; 

6 t 7 

impasse ' means that state of negotiations over a working 

condition or working conditions at which it can 

be reasonably assumed that any remaining disagreement 

is not susceptible to solution by further 

negotiations; 

"infringement" is the extinction or diminution of 

employees' self-organizational rights, as found 

unlawful in section K4; 

"major trade dispute" is a dispute as defined in sec- 

tion K13; and 

"unilateral action", in a bargaining relationship, means 

action taken by one of the parties thereto covering 

any condition of work or term of a collective agree- 

ment without negotiating about such action, at least 

to a point of impasse, with the other party. 

Protection of Selforganizational Rights 

Employees self- K3. Employees shall have the right to associate with 

organizational 

rights. 

each other or with a trade union; to form, join, or assist 

trade unions; to bargain collectively through representatives 

of their own choosing; and to engage in other concerted 

activities for mutual aid or protection; and they shall also 

have the right to refrain from any and all such activities except 

as such right is limited by a union security arrangement as 

may be imposed by section 513.



K4. (1) It shall be an infringement upon employees' Infringements on 

employees' self- 

self-organizational rights for an employer- organizational 

rights. 

(a) to interfere with, restrain, or coerce employees 

in the exercise of the rights guaranteed in section K3; 

(b) to dominate or to interfere with the formation 

or administration of any trade union; 

(c) to contribute financial or other support to any 

trade union other than any sum which an employer has 

agreed to pay under a collective agreement: 

Provided, however, that an employer shall not be pro- 

hibited from permitting trade union representatives to 

confer with him during working hours without loss of 

Pay: 

and provided further that nothing in this Division shall 

preclude an employer, within the limitations set by 

section C30, from transmitting to a union the initial 

payment and regular membership subscription or any 

other payment to a bargaining union authorized under 

section C30, whichever is applicable, of any employee 

who, in writing, authorizes the deduction of same from 

his wages and its transmission to the union; 

(6) by discrimination in regard to the hire or tenure 

of employment, or any term or condition of employ- 

ment, to encourage or discourage membership in a trade 

union; 

(e) to discharge or otherwise discriminate against 

an employee because he has filed a complaint of a con- 

travention of any requirement of this section or has given 

testimony with respect to any such alleged contraven- 

tion; or 

(f) to refuse to bargain collectively with the sole 

bargaining representative of a unit of his employees. 

(2) It shall be an infringement upon employees' self- 

organizational rights for a trade union, registered or 

unregistered- 

(a) to restrain or coerce employees in the exercise 

of the rights guaranteed in section K3;



(b) to cause or attempt to cause an employer to 

discriminate against an employee in violation of subsec- 

tion (1) (4: 

Provided, however, that nothing in this Division shall 

preclude a registered trade union from seeking to enforce 

a requirement imposed by section 513; 

(c) if it is the sole bargaining representative of a 

unit of employees to refuse to bargain collectively with 

the employer; 

(d) if it is a beneficiary of a union security arrange- 

ment as authorised by section 513 to discriminate against 

any employee to whom that union security arrangement 

applies; 

(e) to cause or attempt to cause an employer to pay 

or deliver or agree to pay or deliver any money or other 

thing of value, for services which are not performed or 

not to be performed: 

Provided, however, that nothing in this Division shall 

preclude a trade union from seeking an employer's 

agreement to deduct from an employee's wages the 

monies which an employer is authorised to deduct under 

and by virtue of section C30 and its transmission to 

the union. 

(3) (a) For the purposes of this section, "to bargain 

collectively" shall be construed as the performance of 

the mutual obligation of the employer or his representative 

and the sole representative of the employees in 

a bargaining unit to meet at reasonable times and confer 

in good faith with respect to wages, hours, and other 

terms and conditions of employment; to execute a written 

contract incorporating any agreement reached, if 

requested by either party; and, a written contract having 

been executed, to discuss any question or interpretation 

thereof. 

(6) For the purposes of this section, refusal to 

bargain collectively includes, but is not limited to, the 

following-

(i) 



on the part of either an employer or of a trade 

union which is the sole bargaining represen- 

tative, a failure to adhere to any of the 

requirements of paragraph (a); 

(ii) on the part of either an employer or of a trade 

union which is the sole bargaining represent- 

ative, the unilateral termination of a collec- 

tive agreement or the unilateral modification 

of working conditions fixed by a collective 

agreement, prior to the expiration of said 

agreement; 

(iii) on the part of either an employer or a trade 

union which is the sole bargaining represent- 

ative, the unilateral modification of an existing 

working condition after the expiration of a col- 

lective agreement, unless the party desiring 

such modification serves notice of its intend- 

ed action at least sixty days prior to the time 

it is proposed to make such modification; offers 

to meet and confer on the proposed modifica- 

tion; upon request, does meet and confer on 

the proposed modification, at least to a point 

of impasse; notifies the Labour Department 

within thirty days after giving such notice of 

the existence of a trade dispute (provided 

agreement on the proposed change has not 

already been reached); and continues in full 

force and effect, without resort to industrial 

action, all terms and conditions of the expir- 

ing or expired contract to the end of the sixty- 

day notice period or the expiration of the 

contract, whichever comes later; 

(iv) on the part of an employer, a refusal to accord 

recognition as sole bargaining representative 

to a trade union entitled to such recognition; 

(v) on the part of an employer, unilaterally to 

change working conditions; 

(vi) on the part of an employer, during the negotia- 

tion of a collective agreement, to refuse, upon 

request, to give information to a sole bargain- 

ing representative, knowledge of which on the



Initiation of 

proceeding. 

Preliminary 


Commissioner. 

Action by 

Minister on 

referral. 

part of the representative is a pre-requisite of 

informed and meaningful bargaining; or 

(vii) on the part of an employer, to refuse to discuss 

a grievance under an existing collective agree- 

ment; or in the discussion of a grievance, to 

refuse, on request, to furnish information to 

a sole bargaining representative, knowledge of 

which on the part of the representative is a 

pre-requisite of informed and meaningful 

discussion of the grievance. 

(c) The duties imposed in this section upon an 

employer or a sole bargaining representative with respect 

to each other shall terminate upon an intervening cer- 

tification by the Labour Commissioner under which the 

sole bargaining representative loses its status as such. 

K5. (1) Should any question arise as to whether any 

employee's rights have been infringed upon, the employee, 

or his registered agent, may seek a resolution of the ques- 

tion by the filing of a Complaint of Infringement with the 

Labour Commissioner. 

(2) Should the Complaint under subsection (1) involve 

a group of employees under similar circumstances, or should 

there be filed at or about the same time a number of Com- 

plaints involving similar circumstances, the cases may be 

consolidated in a single proceeding. 

K6. (I) Immediately upon receipt of a Complaint 

under section K5, the Labour Commissioner, using the 

means described in section B5(2) (a), shall seek to settle the 

matter by voluntary adjustment or settlement. 

(2) Within ten days after the filing of the Complaint, 

if he has failed to achieve a voluntary adjustment or settle- 

ment, the Labour Commissioner shall transmit the matter, 

with a full report thereon, to the Minister. 

K7. On transmittal of the matter to him, under section 

K6(2) the Minister shall seek to settle the matter as called 

for by section B6(1) and, should he fail to effect a voluntary 

adjustment or settlement of all issues within twenty days after 

the filing of the Complaint, he shall take one of the steps



open to him under section B6(2), including if he deems it 

appropriate, the referral of the matter to a Hearing Officer 

for formal handling. 

K8. (1) The Hearing Officer to whom the formal F;;frings. 

handling of a Complaint of Infringement is referred under 

section B6(2) (6) may, in his discretion, call the parties 

together into a pre-hearing conference in an effort to narrow 

the issues; but having caused a Notice of Hearing to be served 

on all parties, he shall commence the hearing within at least 

ten days after receiving the matter for formal handling. 


provisions of sections B9 and B10, the Hearing Officer shall 


(3) He shall, within five days after the close of the hear- 

ing (or after the receipt of briefs, if the submission of briefs 

has been permitted), issue a decisiok in compliance with 

section B9(5); and, in accordance with section B11, the deci- 

sion may issue any remedial order which is relevant to the 

issues and is just and reasonable on the merits of the case. 




formal handling and the issuance of a decision, if the terms 





Kg. Any party to the proceeding may, within five ~~~;g~&ficer,s 

days after the issuance of the Hearing Officer's decision, dec;s;,n. 

request a review thereof by a Board of Review, under pro- 

cedures according with section B 13. 

K10. (1) Non-compliance with the decision of a ~ ; ~ ~ ~ ~ ~ P ~ ; n C e . 

Hearing Officer or if a review thereof has been requested, 

with the decision on review-is an offence; and non- 

compliance with the decision-or the decision on review- 

as to each employee involved is a separate offence.



Effective date. 1 . 

(2) Any person guilty of an offence under subsection 

(1) is liable upon summary conviction to a fine of three hun- 

dred dollars and imprisonment for two months. 

The provisions of this Part shall become effective 

upon the date on which the Labour Board becomes a 

functioning body under section B 19. 

Trade Disputes 

General K12. Government shall provide the machinery for 

application. 

the handling of all trade disputes in Antigua and Barbuda 

to the end that- 

Meaning of 

major trade 

dispute. which- 

(i) 

all parties to any such dispute shall have the 

benefits of Government services designed to 

lead to a voluntary adjustment or settlement; 


(ii) a major trade dispute, if not voluntarily 

adjusted or settled, shall be resolved by 

Government services. 

K13. (1) A major trade dispute is a trade dispute 

(a) has led to an interruption of work which is con- 

tinuing; or 

(6) if there is no present interruption of work, may 

lead to an interruption of work, 

which interruption has seriously jeopardized or is likely to 

jeopardize seriously the economy of Antigua and Barbuda. 

(2) The essential services in Antigua and Barbuda are 

those listed in the Schedule which list may be amended at 

any time by the Minister by order: 

Provided, however, that no services shall be added to 

the Schedule unless the interruption of that service would 

be likely to jeopardise seriously the health, safety or economy 

of Antigua and Barbuda. 

(3) The fact that the interruption or possible interrup- 

tion is within an industry listed in the Schedule shall create



a presumption that the trade dispute is a major dispute, but 

the presumption may be rebutted by the circumstances. 

(4) The fact that the interruption or possible interrup- 

tion is within an industry not listed in the Schedule shall 

create a presumption that the trade dispute is not a major 

dispute, but the presumption may be rebutted by the 

circumstances. 

K14. (1) Should the existence of any trade dispute E$::zn:f 

come to the attention of the Minister or the Labour Com- 

missioner, whether by notification from any party thereto- 

and a notice received under section K4(3) (6) (iii) shall be 

considered such notification, by the filing by any person of 

any question, query, complaint, or petition with respect to 

employer-employee relations in Antigua and Barbuda, or 

by any other means, the Labour Commissioner shall im- 

mediately, using the means described in section B5(2) (a) 

seek to settle the matter by voluntary adjustment or 

settlement. 

(2) Within ten days after the existence of the trade 

dispute has come to his attention, if he has failed to achieve 

a voluntary adjustment or settlement, the Labour Commis- 

sioner shall submit the matter, with a full report thereon, 

to the Minister. 

K15. (1) On transmittal of the matter to him, the g:2,",zfon 

Minister shall seek to settle the matter as called for by sec- referral. 

tion B6(1); and should he fail to effect a voluntary adjust- 


existence of the trade dispute is called to the attention of 

the Minister or Labour Commissioner, he shall take one of 

the steps open to him under section B6(2). 

(2) In determining which of the steps to be taken under 

subsection (I), he shall first determine whether the matter 

constitutes a major trade dispute within the meaning of sec- 

tion K13. 

(3) In arriving at a determination under subsection (2), 

he may appoint and seek the advice of an Advisory Com- 

mittee composed of an equal number of representatives of 

Government, employers and employees whose sole duty shall



Formal 

proceedings. 

be to investigate whether the matter constitutes a major trade 

dispute. 

(4) If he determines that the matter as of the time be- 

ing, is not a major dispute, he shall issue an order to this 

effect and thereupon shall remand the matter back to the 

parties unless it is one which appropriately can be referred 

to a Hearing Officer under the provisions of this Code. 

(5) If he determines that the matter constitutes a ma- 

jor trade dispute, he shall issue an order to this effect, and 

he shall refer it to a Code Arbitrator or a Panel of Code 

Arbitrators of the Arbitration Tribunal, whether or not it 

also constitutes a matter which muld be heard by a Hearing 

Officer under the provisions of this Code. 

(6) The Minister's determination that a trade dispute 

does or does not constitute a major dispute is subject to 

review, upon the request of any party to the dispute filed 

within two days, by a Board of Review, under procedures 

according with section B 13. 

K16. (1) Upon the referral of a matter to the 

Arbitration Tribunal for formal handling, the Labour Com- 

missioner shall forthwith call the parties together to select 

the Code Arbitrator or Panel thereof who shall hear and deter- 

mine the dispute and shall present the parties with a list of 

the available Code Arbitrators, from among whom they shall 

make the selection. The manner of selection shall be as 

follows: 

(i) one of the parties, designated by lot, shall strike 

the name of one of the Code Arbitrators off 

the list; 

(ii) the other party shall strike off a further name, 

and thereafter, in turn, each party shall strike 

off names until the remaining names on the 

list equal the number of Code Arbitrators to 

whom the Minister has referred the matter for 

formal handling. 

(iii) the Code Arbitrators whose names thus remain 

on the list shall hear and determine the matter;



(iv) with respect to a panel, the members shall 

select a chairman from among their own 

number; 

(v) if a vacancy occurs among the Code 

Arbitrators selected to hear and determine a 

matter, the vacancy shall be filled by the Code 

Arbitrator whose name was last striken from 

the list presented to the parties for selection. 

(2) The Code Arbitrator (or panel thereof) thus selected 

to hear and determine the matter shall cause a Notice of 

Hearing to issue, setting the place and time of hearing. 

(3) At any time prior to, during, or after the hearing, 

the Code Arbitrator (or panel thereof) may call the parties 

together in an effort to narrow the issues. 

(4) In the conduct of the hearing, the Code Arbitrator 

(or panel thereof) shall adhere to the provisions of sections 

B8 and B10. 

(5) The Code Arbitrator (or panel thereof), within 

twenty days after the close of the hearing (or after the receipt 

of briefs, if the submission of briefs has been permitted), 

shall issue a decision in accordance with section B8(6) and 

section B8(7) (a), (6) and (c) and, in accordance with section 

B 11, the decision may contain any remedial order which is 

relevant to the issues and is just and reasonable on the merits 

of the case. 

(6) Notwithstanding the requirements of subsections (2) 

to (5) above, the Code Arbitrator (or panel thereof) shall 

approve any settlement of the matter reached by all parties 

thereto at any time between the referral for formal handling 

and the issuance of a decision, if the terms of the settlement 

achieve justice and are not repugnant to the principles and 

purposes of the Code; upon which approval, the matter shall 

be considered closed. 

K17. (1) Non-compliance with the decision of a ~~;~~~;Pf;nCee 

Code Arbitrator (or panel thereof) is an offence; and non- 

compliance with the decision as to each employee involved 

is a separate offence.




mary conviction to a fine of seven hundred and fifty dollars 

and to imprisonment for six months. 

Effective date. K18. The provisions of this Part shall become effec- 

tive upon the date on which the Arbitration Tribunal becomes 

a functioning body under section B20. 

Right to 

industrial action. 

Industrial Action 

K19. It is hereby declared that the strike and the 

lockout are legitimate aspects of the process of free collec- 

tive bargaining, and, except in strict conformity with the 

provisions hereinbelow, no court shall have jurisdiction with 

respect to the existence or threat of any such industrial action 

or any activities related thereto, either in a criminal pro- 

ceeding or in any civil proceeding in law or in equity; and 

specifically, except in strict conformity with the provisions 

hereinbelow, no court shall have jurisdiction with respect 

to the granting of any restraining order or any injunction, 

temporary or permanent, in connection therewith. 

Limitation. K20. (1) Nothing in section K19 herein shall affect 

the law relating to riot, unlawful assembly, breach of peace, 

sedition, or any offence against Antigua and Barbuda. 

(2) Notwithstanding the provisions of section K19 hereof 

no industrial action shall be commenced or, if commenced, 

shall continue- 

(a) in any trade dispute in an industry listed among 

the essential services in the Schedule, until and unless 

the Minister has issued an order declaring that the 

dispute is not a major trade dispute; 

(b) in any trade dispute in any other industry if 

and when the Minister has issued an order declaring 

that the dispute is a major trade dispute; 

(c) in any trade dispute in pursuance of an objec- 

tive which has been referred for formal handling under 

section B6(2) (6);


Antz'gua and Barbuda Labour Code (CAP. 27 151 

(d) in any trade dispute in protest of a decision of 

any decisional officer, including a court, rendered under 

this Code; 

(e) in any trade dispute the objective of which is 

the achievement of recognition from an employer as 

bargaining agent of a unit of his employees, where 

another trade union is presently recognized as sole 

bargaining agent for the same, or any of the same, 

employees; 

y> in any trade dispute in violation of an existing 

no-strike or no-lockout committment; 

(g) in any trade dispute designed to further an 

action which has been found to be an infringement upon 

employees' self-organizational rights as prescribed in sec- 

tion K4; or 

(h) in any trade dispute in which any person, with 

a view to compel any other person or to do or to abstain 

from doing any act which such other person has a legal 

right to abstain from doing or to do, respectively, 

wrongfully, and without legal authority- 

(i) uses violence toward or intimidates such other 

person or his wife or children, or injures his 

property; 

(ii) hides any tools, clothes, or other property own- 

ed or used by such other person, or deprives 

him of the full use thereof; 

(iii) persistently follows such other person about 

from place to place; 

(iv) watches or besets the house or other place 

where such other person resides, or any ap- 

proach to such house or place; or 

(v) with two or more persons follows such other 

person in a disorderly manner in or through 

any street or road: 

Provided, however, that it is the performance of these 

acts which is prohibited and not the industrial action 

unaccompanied by such acts.

Application of 

lim~tations. 

Penalties and 

sanctions. 



K2 1. The provisions of section K20 shall apply to- 

(i) any person who directs, urges, or encourages 

any person to engage in the prohibited in- 

dustrial action or related activities; 

(ii) any employee who, alone or in concert, par- 

ticipates in the prohibited industrial action or 

related activities; and 

(iii) any employer, or his agent, who participates 

in the prohibited industrial action or related 

activities, 

but they shall not apply to any person or organization other 

than one who actually commits an act here made unlawful 

or who authorizes or ratifies the same after actual knowledge 

thereof. 

K22. -(I) With respect to the requirements of sec- 

tion K20- 

(a) Any contravention of the requirements of sec- 

tion K20 (2) (a) or (6) shall be an offence for which the 

offender shall be liable upon summary conviction to a 

fme of three thousand dollars and to imprisonment for 

twelve months; 

(6) Any contravention of the requirements of sec- 

tion K20 (2) (c), (4 or @) shall be an offence for which 

the offender shall be liable upon summary conviction 

to a fine of fifteen hundred dollars and to imprisonment 

for six months. 

(c) Any contravention of the requirements of sec- 

tion K20 (2) (e) shall be an offence for which the offender 

shall be liable upon summary conviction to a fine of 

seven hundred and fifty dollars and to imprisonment 

for three months. 

(4 Any contravention of the requirements of sec- 

tion K20 (2) V) shall be an offence for which the offender 

shall be liable on summary conviction to a fine of three 

hundred dollars and to imprisonment for two months. 

(e) Any contravention of the requirements of sec- 

tion K20 (2) (h) shall be an offence for which the offender



shall be liable on summary conviction to a fine of fifteen 

hundred dollars and to imprisonment for twelve months. 

(2) In addition to the powers conferred under subsec- 

tion (I), a court may make such order as it may think fit 

in any such proceeding brought before it: 

Provided, however, that no court shall have jurisdic- 

tion to issue an interlocutory or perpetual injunction in any 

such case except after hearing the testimony of witnesses in 

open court (with opportunity for cross-examination) and 

testimony in opposition thereto, if offered, and except after 

findings of fact by the court to the effect- 

(a) that unlawful acts have been threatened and 

will be committed unless restrained, or have been com- 

mitted and will be continued unless restrained; 

(6) that substantial and irreparable injury to com- 

plainant's property will follow if no injunctive relief is 

granted; 

(6) that as to each item of relief granted, greater 

injury will be inflicted upon complainant by the denial 

of relief than will be inflicted upon defendants by the 

granting of relief; 

(6) that complainant has no adequate remedy at 

law; and 

(e) that the public officers charged with the duty 

to protect complainant's property are unable or unwill- 

ing to furnish adequate protection. 

(3) No interlocutory injunction shall be issued without 

notice unless- 

(a) the complainant alleges that, without such 

order, substantial and irreparable injury to complai- 

nant's property will be unavoidable; 

(6) there be testimony under oath sufficient, if sus- 

tained, to justify the court in issuing an interlocutory 

injunction after notice; and 

(6) the restraining order be effective for no more 

than five days.



(6) to endanger human life or public health or to 

cause serious bodily injury to any person, or to expose 

valuable property to the risk of destruction, loss or 

serious injury, 

as the case may be, shall be guilty of an offence and shall 

be liable on summary conviction to a fine of fifteen hundred 

dollars and to imprisonment for a term of three months. 

(3) In any proceeding in respect of an offence under 

this section, the court shall presume the existence of the con- 

tract, and in the particular service alleged in the charge related 

to the proceeding unless the contrary is proved. 

K24. The provisions of this Part shall become effec- Effective date. 


Collective Agreements 

K25. (1) With respect to all collective agreements Duties of Labour 

Commissioner re 

filed by trade unions under section G20 it shall be the duty ,o~~e,~~ve 

of the Labour Commissioner, acting through the Labour agreements filed. 

Relations and the Statistical Services of the Labour Depart- 

ment, to analyze said agreements for whatever information 

may be derived with respect to the employment conditions 

of workmen covered by collective agreements. 

( 2 ) (i) 

With respect to all collective agreements filed 

by registered bargaining agents under section 

H8 (9) it shall be the duty of the Labour Com- 

missioner, acting through the Labour 

Relations Service, to analyze said agreements 

to ensure that the provisions thereof are not 

inconsistent with the provisions of this Code. 

(ii) Should he find one or more provisions of any 

such agreement to be inconsistent with any

Special 

provisions re 



(4) No restraining order or interlocutory injunction shall 

be issued except on condition that the complainant shall first 

file an undertaking with adequate security in an amount to 

be fixed by the court to recompense those enjoined from any 

loss, expense, or damage caused by the improvident or 

erroneous issuance of such order or injunction, including 

all reasonable costs (together with a reasonable counsel's fee) 

and expense of defence. 

K23. (1) Whether or not a strike therein be unlawful, 

certain services. a"Y workman who- 

(a) being a workman in an essential service, wilfully 

breaks or terminates his contract of service without fourteen 

days written notice, knowing or having reasonable 

cause to believe that the probable consequence of his 

so doing, either alone or in combination with others, 

will be to deprive the public or any section thereof of 

the enjoyment of that essential service; or 

(b) whether or not a workman in an essential 

service, wilfully breaks or terminates his contract of ser- 

vice, without fourteen days' written notice, knowing or 

having reasonable cause to believe that the probable con- 

sequence of his so doing, either alone or in combina- 

tion with others, will be to endanger human life or public 

health, or to cause serious bodily injury to any person, 

or to expose valuable property to the risk of destruc- 

tion, loss or serious injury, 

shall be guilty of an offence and shall be liable on summary 

conviction to a fine of five hundred dollars and to imprison- 

ment for one month. 

(2) Any person who causes or procures or counsels any 

workman specified in subsection (1) so to break or terminate 

his contract without fourteen days' written notice, knowing 

or having reasonable cause to believe that the probable con- 

sequence of that workman's breach or termination, either 

alone or in concert, will be- 

(a) to deprive the public or any section thereof of 

an essential service or substantially to diminish the 

enjoyment of an essential service by the public or a sec- 

tion thereof; or



provision of the Code, he shall so inform the 

filing bargaining agents. 

(iii) Thereupon, if any such provision of the agree- 

ment is revised and, as revised, is resubmit- 

ted to him, he shall analyze the revised provi- 

sion to ensure that there be no inconsistency 

with the provisions of the Code. 

v) Finding any remaining inconsistency, he shall 

so inform the filing bargaining agents as in 

paragraph (ii); and he shall analyze any further 

revised section resubmitted for inconsistency 

with the provisions of the Code, as in 

paragraph (iii) as often as revisions of the 

agreement are resubmitted. 

(v) Should he find no inconsistency with the Code 

in the collective agreement as originally sub- 

mitted, or as resubmitted from time to time 

under paragraphs (iii) and (iv), he shall certify 

that the collective bargaining agreement is a 

lawful contract in all respects. 

Parties' intent as K26. (1) Every collective agreement between an 

to enforceability. employee or employer or the registered agent of either on 

the one hand and a registered trade union on the other 

which- 


(a) is executed after the effective date of this Part; 

(b) does not contain a provision which (however 

expressed) states that the agreement or part of it is in- 

tended to be legally enforceable, 

shall be conclusively presumed to be intended by the parties 

not to be a legally enforceable contract. 

(2) Where a collective agreement executed between such 

parties after the effective date of this Part contains a provi- 

sion which (however expressed) states that a specified part 

of the agreement is intended to be legally enforceable, the 

agreement, with the exception of that part, shall be con- 

clusively presumed to have been intended by the parties not 

to be a legally enforceable contract.



(3) Where a collective agreement executed between such 

parties after the effective date of this Part contains a provi- 

sion which (however expressed) states that all of the agree- 

ment is intended to be legally enforceable, the agreement 

shall be conclusively presumed to have been intended by the 

parties thereto to be a legally enforceable contract. 

K27. (1) Every collective agreement between Enforceability of 

collective 

registered bargaining agents which has been certified as a agreements. 

lawful contract under the provisions of section K25 (2) shall 

thereupon be a legally enforceable contract to the extent the 

parties thereto intended it to be enforceable, as noted in sec- 

tion K26. 

(2) Such contracts to the extent intended to be 

enforceable, shall be enforced in the Courts in the same man- 

ner as any other enforceable contracts. 

K28. The provisions of this Part shall become effec- Effective date. 



K29. The Minister may issue regulations for the pur- Re~lations. 

pose of carrying out this Division which are not inconsistent 

with its provisions. 

K30. The provisions of the Part shall become Effective date. 

effective upon enactment.

LAWS OF ANTIGUA AND aARBUDA 


1. Water Services. 

2. Electricity Services. 

3. Hospital Services. 

4. Fire Services. 

5. Prison Services. 

SCHEDULE (Ss. K2 and K13) 

Essential Seruices 

6. Air Traffic Control Services. 

7. Meteorological Services. 

8. Services rendered by International Aeradio Limited 

9. Services rendered by persons employed in the Government 

Printing Office. 

10. Services rendered by Cable and Wireless (West Indies) Ltd. 

11. Services rendered by the Port Authority.

Antigua and Barbuda Labour Code - Laws

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