Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012PART 9—PROTECTION OF CHILDREN AND YOUNGPERSONS90. Prohibition of employment of children(1) A person shall not employ, or permit a child to beemployed, as an employee,(2) A person who contravenes subsection (1) commits anoffence and is liable on summary conviction to a fine of$3,000.00 and to a fine of $5,000.00 for a second orsubsequent offence.(3) This section shall not apply to—(a) light work approved by the Minister for children ofthe age of 14 years and over and subject to thenumber of hours and other conditions determinedby the Minister after consultation with LabourAdvisory Board, where practicable;(b) artistic performances approved by the Minister andsubject to conditions determined by the Governoracting on the advice of Cabinet after consultationwith the Labour Advisory Board, where practicable;(c) the exercise of manual labour by a child under anorder of detention in a reformatory or industrialschool, or by a child receiving instruction in manuallabour in a school, provided that such work isapproved and supervised by a public authority; or(d) work in an undertaking being an undertaking that isnot dangerous in which only members of the samefamily are employed.91. Prohibition of employment of young persons andchildren on ships(1) No young person shall be employed or work on a shipother than a ship upon which only members of the samefamily are employed.(2) A person who contravenes subsection (1) commits anoffence and is liable on summary conviction to a fine of$5,000.00.58
MONTSERRATLABOUR CODE, 2012No. 20 of 201292. Liability of parent or guardian(1) Where a child is employed in contravention of this Part,the parent or guardian of that child is deemed to havecommitted an offence and is liable on summaryconviction to a fine of $3,000.00 and to a fine of$5,000.00 in the case of a subsequent offence.(2) It is a defence to subsection (1) if the parent or guardianproves that the employment occurred without his or herknowledge, consent, acquiescence or connivance.93. Restrictions on employment at night of young persons(1) Except as provided in this Part, no young person shall beemployed or work during the night in any public orprivate undertaking, other than an undertaking in whichonly members of the same family are employed.(2) A person who contravenes subsection (1) commits anoffence and is liable on summary conviction to a fine of$3,000.00.(3) Subsection (1) shall not apply to the night work of ayoung person over the age of 16 years in the case of anemergency which—(a) could not have been controlled or foreseen;(b) is not of a periodical character; and(c) interfere with the normal working of theundertaking.94. Registers to be kept(1) Every employer shall keep a register of all persons underthe age of 18 years employed by him or her.(2) The register shall contain particulars of the names,addresses, and dates of birth of all such persons, and ofthe dates on which they enter and leave the employment,and(3) An employer shall on request at any reasonable timeproduce the register for inspection by the LabourCommissioner, a labour officer or a police officer.59
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Labour Code 2012 - Government of Montserrat

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