Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012bondage and serfdom and forced orcompulsory labour, including forced orcompulsory recruitment of children foruse in armed conflict;(b) the use, procuring or offering of a child oryoung person for prostitution, for theproduction of pornography or forpornographic performances;(c) the use, procuring or offering of a child oryoung person for illicit activities, inparticular for the production andtrafficking of drugs as defined in therelevant international treaties, or foractivities which involve the unlawfulcarrying or use of firearms or otherweapons; and(d) work deemed by the Minister to behazardous to young persons;“young person” means a person who has ceased to be achild and who is under the age of 18 years.4. Application of the Code(1) The Code applies to all employers and employees.(2) Despite subsection (1), only—(a) Parts 8, 9, 10 and 12, apply to the public service;and(b) Parts 8, 9 and 10 apply to the police service.5. Employers may establish working conditions aboveminimum standard in the CodeNothing in the Code precludes an employer fromoffering to his or her employees’ better terms andconditions than those set out in the Code.14
MONTSERRATLABOUR CODE, 2012No. 20 of 2012PART 1—ADMINISTRATION6. Appointment of Labour Commissioner and LabourOfficers(1) The Deputy Governor shall appoint a LabourCommissioner and such number of Labour Officers asmay be necessary.(2) The Labour Commissioner and Labour Officers shall besubject to the general direction of the Minister.(3) The Labour Commissioner shall be in charge of theadministration of the Labour Department.7. Duties and Responsibilities of Labour Commissioner(1) The Labour Commissioner shall be responsible for theenforcement of the Code and in particular shall—(a) promote the settlement of any differences betweenemployers and employees in accordance with theprovisions of the Code;(b) advise the Minister on all labour matters and onmeasures to improve industrial relations;(c) encourage the decent work agenda of Montserrat inaccordance with applicable principles and standardsof the International Labour Organization, includingthe promotion of tripartism;(d) make technical advice available to employers andemployees and their respective organisations at theirrequest;(e) be responsible for the inspection of all workplacesin accordance with the Code;(f) maintain a register of employers seeking employeesand employees seeking employment;(g) determine applications for bargaining status of tradeunions;(h) administer within Montserrat the overseas farmworkers programme and other such programmes asmay be introduced;15
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Labour Code 2012 - Government of Montserrat

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