Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012performance of work which is threatened or imposed asa condition of employment on the employee or whichcreates a hostile working environment for the employee.84. Equal remuneration for work of equal value(1) An employer shall pay equal remuneration to men andwomen performing work of equal value for theemployer and there shall be equal evaluation for equalwork.(2) For the purposes of subsection (1)—(a) “equal remuneration” means rates ofremuneration that have been established withoutdifferentiation based on the grounds of sex; and(b) “work of equal value” means work equal in valuein terms of the demands it makes in relation to suchmatters as skill levels, duties, physical and mentaleffort, responsibility and conditions of work.(3) The burden of proof to establish that equal remunerationhas been paid shall rest on the employer.85. Inducement to discriminateIt is an offence to induce, or attempt to induce, a personto do any act which contravenes this Part by—(a) providing, or offering to provide, the person withany benefit; or(b) subjecting, or threatening to subject, the person toany detriment.86. Burden of proofExcept where otherwise provided in this Part, the personalleging a violation of this Part shall bear the burden ofproving discrimination, inducement or attemptedinducement.87. Proof of exemptionA person who claims an exemption from this Part hasthe onus of proving the basis of the exemption.56