Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012(4) An employer who fails to comply with this section isguilty of an offence and is liable on summary convictionto a fine of $3,000.00.95. False certificate or representation as to ageWhere a child or young person is employed based on—(a) the production to the employer, by or with theconsent or connivance of the parent or guardian, ofa false or forged birth certificate; or(b) the false representation of his parent or guardianthat the child or young person is of an age at whichthe employment is not in contravention of thisCode,that parent or guardian is guilty of an offence and liableon summary conviction to a fine of $3,000.00.96. Restrictions on employment of young persons(1) A person shall not employ a young person unless thatyoung person undergoes a medical examination whichcertifies that he or she is fit for the work he or she isexpected to perform.(2) The employer of a young person shall ensure that theyoung person undergoes a medical examination everyyear and that he or she is fit for the work that he or she isexpected to perform.(3) The Governor acting on the advice of Cabinet may, byOrder, declare any type of work to be hazardous workfor young persons.(4) A person shall not employ a young person to performwork which has been declared under subsection (3) to behazardous work.(5) Where the Labour Commissioner is aware of theinvolvement of a child or young person in a worst formof child labour, the Labour Commissioner shall,communicate and collaborate with other agencies ofGovernment to ensure that the child or young person isremoved from that kind of labour and rehabilitated.60
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(6) For purposes of subsection (5), “rehabilitation” includesaccess to education, training and social welfare.(7) A person who contravenes subsections (1), (2), or (4)commits an offence and is liable on summary convictionto a fine of $3,000.00 and to a fine of $5,000.00 for asecond or subsequent offence.(8) A person who employs or induces another to employ orprocures the employment of a child or young person inthe worst form of child labour commits an offence and isliable on summary conviction to a fine of $10,000.00.(9) For purposes of subsection (8), a child or young personis considered to be employed whether or not he or she isin an employment contract or is paid or not paid for hisor her services.PART 10—HEALTH, SAFETY AND WELFARE97. InterpretationIn this Part, unless the context otherwise requires—“hazardous work” means work that poses anunreasonable risk to the health and safety ofan employee;“machinery” includes all manufacturing equipment,machines whether operated manually ormechanically, prime movers of machines,units designed to transmit power or motion,units designed to transport items or persons inconnection with a manufacturing process,appliances used in the process, and all theparts of the appliances;“occupier” means the person who has the ultimatecontrol over the affairs of a workplace or anyother place of employment or work;“operator of a workplace” includes an employer, theowner of a building containing a workplace,the owner or hirer of a machine or implementused in a workplace other than the principaloperator thereof to the extent that anyobligation under this Part relates to personswho are employed in or about or in61
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Labour Code 2012 - Government of Montserrat

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