Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012the work or service is carried out under thesupervisions and control of a public authority;(d) any work or service exacted in emergency situationswhere the life or well-being of the whole or part ofthe population is endangered, but only to the extentthat such labour is reasonably justifiable in thecircumstances;(e)minor communal services of a kind performed bymembers of the community in the direct interestof the community.(3) A person who contravenes this Part commits an offenceand is liable on summary conviction to a fine of$3,000.00.PART 8—EQUALITY OF TREATMENT INEMPLOYMENT79. Definition of discrimination(1) For the purposes of this Part, a person discriminatesagainst another person where the first-mentioned personmakes, on any of the grounds mentioned in subsection(2), any distinction, exclusion or preference the intent oreffect of which is to nullify or impair equality ofopportunity or treatment in occupation or employment.(2) The grounds referred to in subsection (1) are—(a) race, colour, age (except for purposes of retirementand restrictions on work and employment of youngpersons and children), sex, sexual orientation,religion, ethnic origin, political opinion oraffiliation, indigenous population, social origin,national extraction, disability, HIV or other medicalstatus, family responsibility, pregnancy or maritalstatus;(b) any characteristic which pertains generally or isgenerally imputed to persons of a particular race,age (except for purposes of retirement andrestrictions on work and employment of young52
MONTSERRATLABOUR CODE, 2012No. 20 of 2012persons and children), sex, sexual orientation,religion, colour, ethnic origin, indigenouspopulation, nationality, political opinion, disability,HIV or other medical status, family responsibility,pregnant state or marital status.(3) Discrimination on the grounds of HIV or other medicalstatus includes the requirement by an employer to havean applicant for a job or an employee subjected to anHIV test.(4) Discrimination on the grounds of pregnancy includes therequirement to have an applicant for a job subjected to apregnancy test.80. Prohibition of discrimination(1) Subject to sections 81 and 82, an employer, or anyperson acting or purporting to act on behalf of a personwho is an employer, shall not, in relation to recruitment,selection or employment of any other person forpurposes of training, apprenticeship or employment,discriminate against that other person in—(a) the advertisement of a job;(b) the procedures used for the purpose of determiningwho should be offered that employment;(c) determining who should be offered employment;(d) the terms or conditions on which employment isoffered; or(e) the creation, classification or abolition of a job.(2) Subject to sections 81 and 82 an employer shall notdiscriminate against an employee—(a) in the terms or conditions of employment affordedto that employee;(b) in the conditions of work, occupational safety andhealth measures;(c) in the provision of facilities related to or connectedwith employment;53
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Labour Code 2012 - Government of Montserrat

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