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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>(b) practice any pr<strong>of</strong>ession;(c) engage in any trade or business; or(d) engage or be employed in any form <strong>of</strong> occupation,whether or not for reward, pr<strong>of</strong>it or gain;“self-employment” means employment on one’s ownbehalf and not under a contract <strong>of</strong>employment, express or implied;“temporary work permit” means a work permit issuedto a non-resident <strong>of</strong> <strong>Montserrat</strong> to enter andwork in <strong>Montserrat</strong> for a single period notexceeding 1 year.125. Prohibition against employment(1) Subject to the provisions <strong>of</strong> this <strong>Code</strong>, a person who isnot a <strong>Montserrat</strong>ian shall not engage in employment orself-employment in <strong>Montserrat</strong> unless he or she has awork permit.(2) A person who contravenes subsection (1) commits an<strong>of</strong>fence and is liable on summary conviction to a fine <strong>of</strong>$5,000.00.(3) A person not belonging to <strong>Montserrat</strong> who is convicted<strong>of</strong> an <strong>of</strong>fence under the provisions <strong>of</strong> this section may bedeemed a prohibited immigrant and be dealt with assuch.(4) Upon the trial <strong>of</strong> any person for a contravention <strong>of</strong> theprovisions <strong>of</strong> subsection (1), it shall be presumed thatthe person alleged to have been engaged for pr<strong>of</strong>it orreward or to have been employed for a wage, salary orother remuneration in contravention <strong>of</strong> subsection (1) isnot a person belonging to <strong>Montserrat</strong> unless the contraryis proved by the person charged.126. Application for work permit(1) (a) A work permit shall be issued by the Governoracting on the advice <strong>of</strong> the Cabinet.(b) A renewal, extension or temporary work permitshall be issued by the Minister.78

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