Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012“de facto spouse” means a single person who lives witha single person of the opposite sex as husbandor wife for a period not less than 2 years,although not married to that person;“dependent contractor” means a person, whether ornot employed under a contract ofemployment, who performs work or servicesfor another person for compensation orreward on such terms and conditions that heor she is in relation to that person in a positionof economic dependence on, and under anobligation to perform duties for that personmore closely resembling the relationship ofemployee than that of an independentcontractor;“dispute” or “complaint” means any differencebetween one or more employers ororganisations representing employers and oneor more employees or organisationsrepresenting employees relating to any mattercovered by the Code or any law relating tolabour or generally arising out of therelationship between the employer and theemployee;“employee” means a person who enters into or whoworks under a contract of employment,whether the contract be oral or written,expressed or implied; and the term includes—(a) a person whose services or labour havebeen interrupted by a suspension of workduring a period of leave, temporary layoff,strike or lockout;(b) an apprentice whose services or labourmay be designed primarily to train suchapprentice;(c) a commission agent;(d) a dependent contractor;(e) a managerial employee who is notresponsible for policy formulation or ineffective control of a department orbranch of the undertaking; and9