A LABOUR CODE FOR ANGUILLA Pre-election Issue Now Addressed

Anguilla is to have a Labour Code for the first time, consolidating all the various pieces of legislation and regulations and providing for a number of new initiatives including workers’ compensation.

The need for a Labour Code was an issue during the election campaign in Anguilla earlier this year by opposition candidates. The Government was also of the view that it was a necessary requirement and undertook to address the situation. The Labour Code Bill, 2005 has now been published in the Official Gazette of July 8 and will go before the House of Assembly on Tuesday, August 23 for its first and second readings.

Among other matters, the Labour Code sets out basic conditions of employment on the island as well as rules of conformity. It covers payment of wages, the rights of employees, sick leave, vacation leave, social security benefits; penalties for employers for not paying the minimum basic wage rate, termination of employment, severance payments, prohibition of discrimination in employment, sexual harassment on the job, work permits and other general provisions. It also sets out various penalties for offences committed by persons not conforming to the provisions of the Code.

One of the matters the Code deals with concerns the health, safety and welfare of workers. In the case of health, employers are required to keep the workplace in a clean state; keep it from being overcrowded; maintain a reasonable temperature therein; provide adequate ventilation, adequate lighting and adequate sanitary facilities.

In terms of safety, every workplace is required to take adequate measures for the prevention of fire, and for adequate means of escape for employees; ensure that all machinery is operated and maintained in such a manner as to be safe for all employees; and ensure that the workplace is properly maintained.

In the area of welfare, the operator of a workplace is required to make available an adequate supply of wholesome drinking water; provide and maintain suitable washing facilities; provide and maintain suitable facilities for employees to sit during the course of their employment; provide and maintain readily accessible first aid equipment and provide and maintain other facilities such as canteen, mess rooms and rest rooms as are reasonable under the circumstances.

A number of special protective measures are also set out in the Code. Among other matters, an operator of a workplace is to ensure that: no person is permitted to take any food or drink into any room where lead, arsenic or other poisonous substance is used; suitable goggles or protective screens are provided to protect the eyes of persons employed in a process involving risk of injury to the eyes; where a work process involves a reasonable possibility of injury to other parts the body, suitable protective equipment is furnished.

No person employed in a workplace is required to manually lift, carry or move anything in excess of the maximum weight specified by any regulation made under this section of the Labour Code. Where a person is employed in any process involving exposure to wet or to any injurious or offensive substance, suitable protective clothing and appliance must be provided and maintained. Where a process involves heat or steam, facilities adequate to protect the workers must be provided and maintained.

The Code contains a section which prohibits employment of children. “A person shall not employ, or permit a child to be employed, as an employee,” the legislation states. “A person who employs a child or permits him to work is in contravention of this section and commits an offence.”

The Code on this particular section continues: “Where a child is found to be employed in contravention of this section, the parent or guardian of that child shall be deemed to have committed an offence…

“A person shall not, without the prior written consent of the Minister responsible for education employ, during school hours, a young person who is within the compulsory school age.

“A person shall not employ a young person on night work … between the hours of 8 p.m. on one day and 5 a.m. on the following day.”

The prohibitions and restrictions with respect to the employment of children and young persons do not apply to those participating in the Government’s vacation programme for students.

The Labour Code is a document with extensive provisions and should be kept at all places of employment on the island.

The Code is one of two pieces of legislation scheduled to go before the House of Assembly next week Tuesday. The other is The Physical Planning Bill, 2005 which is also to receive its first and second readings.