Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012with the Labour Commissioner or a labour officeror both while on a visit for inspection;(c) refuses or wilfully neglects to furnish the LabourCommissioner or a labour officer, any informationor return or particular that may be required of theemployer under the Code; or(d) knowingly furnishes, or causes or allows to befurnished to the Labour Commissioner or a labourofficer, any information or return which is false inany material particular,commits an offence and is liable on summary convictionto a fine of $5,000.00.15. Liability of employer for agent etc.Where an act or default resulting in an offence under theCode is committed by an agent of the employer, theemployer is liable, unless he or she proves that theoffence was committed without his or her consent orconnivance.16. Limitation of liabilityProceedings shall not lie against, and compensation shallnot be payable by, the Labour Commissioner or a labourofficer in respect of any act done in good faith under theCode.PART 2 —LABOUR ADVISORY BOARD17. Appointment of Labour Advisory Board(1) The Governor acting on the advice of Cabinet shallappoint a Labour Advisory Board consisting of—(a) two representatives of Government, one of whomshall be appointed Chairperson of the Board;(b) one member nominated by each registered tradeunion;(c) one member representing the Chamber ofCommerce;22
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(d) one member representing the Small BusinessAssociation; and(e) the Labour Commissioner or his designate.18. Quorum of the Board(1) A quorum of the Board shall be—(a) one representative of Government;(b) one representative of trade unions;(c) one representative of either the Chamber ofCommerce or the Small Business Association;(d) the Labour Commissioner or his designate.(2) Subject to subsection (1), the Board may regulate its ownproceedings.19. Labour Advisory Board to advise the Minister(1) The Labour Advisory Board shall makerecommendations to the Minister on labour matters.(2) After considering the recommendations of the LabourAdvisory Board, the Minister may submit his or herrecommendation to the Governor acting on the advice ofCabinet for a decision.20. Posting of notices of minimum wageAn employer affected by a minimum wage order shallpost in a conspicuous place a notice fully informing theemployees of the contents of the order.21. Offence of failure to post notices or pay minimum wage(1) An employer who fails to comply with section 20 orwho pays less than the minimum wage commits anoffence and is liable on summary conviction to a fine of$2,000.00; and to a fine of $5,000.00 for a subsequentconviction.(2) Where it is found that an employer has paid less than theminimum wage, the Court shall order the employer topay to the employee the difference between the amount23
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Labour Code 2012 - Government of Montserrat

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