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Labour Code 2012 - Government of Montserrat

Labour Code 2012 - Government of Montserrat

Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, <strong>2012</strong>No. 20 <strong>of</strong> <strong>2012</strong>118. Offences(1) A person who contravenes an obligation under this Partcommits a summary <strong>of</strong>fence and where no penalty isprovided is liable to a fine <strong>of</strong> $5,000.(2) If the contravention is by an employee, the operator <strong>of</strong>the workplace shall also be liable if it is proved that theoperator failed to take reasonable steps to prevent thecontravention.(3) Where the contravention committed by the operator <strong>of</strong> aworkplace under subsection (1), is proved to have beencommitted with the consent or connivance <strong>of</strong>, or to havebeen facilitated by any neglect on the part <strong>of</strong> anydirector, chairman, manager, other <strong>of</strong>ficer or personother than the operator, he or she, as well as theoperator, is deemed to have committed the <strong>of</strong>fence andis liable.119. Multiple <strong>of</strong>fencesWhere an operator <strong>of</strong> a workplace employs persons in aworkplace other than in accordance with this Part, thereshall be deemed to be a separate contravention in respect<strong>of</strong> each person so employed.120. Penalties for specific <strong>of</strong>fences(1) A person who—(a) forges or counterfeits any certificate required by,under or for the purposes <strong>of</strong> this <strong>Code</strong>;(b) gives or signs any certificate knowing it to be falsein any material particular;(c) knowingly utters or makes use <strong>of</strong> any certificate s<strong>of</strong>orged or counterfeited, or which is false asmentioned in paragraph (b);(d) knowingly utters or makes use <strong>of</strong> any certificate asapplying to a person to whom it does not apply;(e) falsely pretends to be the <strong>Labour</strong> Commissioner or alabour <strong>of</strong>ficer;75

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