Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012the employee, or for any payment to the employer by theemployee, in respect of any fine, or for bad or negligentwork where the fine is not wholly or partiallyattributable to the employee’s negligence orrecklessness.46. Deduction for pension fundsAn employer may with the consent of the employeemake deductions from the wages of the employee andpay to the appropriate person any contributions to apension fund or scheme agreed to by the worker andapproved of by the Labour Commissioner.47. Statement of deductionsWhere an employer makes a deduction from anemployee’s wages, he or she shall, simultaneously withthe payment made, furnish the employee with anaccurate written statement of wages earned and describethe deduction made.48. Wages not to be paid on certain premisesAn employer shall not pay wages to an employee at orwithin any retail shop or place for the sale of any spirits,wine, beer or other spirituous or fermented liquor,except where the employee is employed therein.49. Payment of remuneration on termination50. PenaltiesAll wages and other remuneration due to an employeeon the termination or completion of his or her contractof employment shall be paid within 7 calendar days afterthe termination or completion.Any employer who—(a) enters into any agreement or contract or gives anyremuneration for employment contrary to theprovisions of the Code or declared by the provisionsof the Code to be illegal; or34
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(b) makes any deduction from the wages of any workeror receives any payment from an employee contraryto the provisions of the Code,commits an offence and is liable on summary conviction to afine of $2,000.00 and to a fine of $5,000.00 for a second orsubsequent offence.51. Employee’s entitlement to paid holiday leave(1) After each calendar year of continuous employment withan employer an employee shall be entitled to paidholiday leave on the following basis—(a) employees with less than 10 years’ service, to aminimum of 2 weeks’ paid holiday;(b) employees with 10 years’ service and less than 20years service, to a minimum of 3 weeks’ paidholiday; and(c) employees with 20 years’ service or above, to aminimum of 4 weeks paid holiday.(2) An employee who is employed on a part-time basis orpiece-work basis shall be paid vacation leave pay at therate of 1/65th of the total basic wage earned, in respectof the last 13 weeks of employment (which need not beconsecutive) immediately preceding the commencementof his or her vacation leave.(3) An employer shall grant favourable consideration to arequest by an employee for payment of his or herholiday pay on the last working day prior to thecommencement of such leave.(4) Absence during periods of incapacity resulting fromsickness or injury certified by a medical practitionerduring the period of holiday and public holidays shallnot be counted as a part of the annual holiday leave.(5) An agreement between an employer and an employee toforego the taking of earned leave in any year shall not bedeemed to deny the employee the right to holiday leaveat a future time to be mutually agreed between theemployer and the employee.35
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Labour Code 2012 - Government of Montserrat

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