Saint Vincent and the Grenadines : Wages (Regulations)

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SAINT VINCENT AND THE GRENADINES

WAGES

STATUTORY RULES AND ORDERS

WAGES REGULATIONS (AGRICULTURAL WORKERS)
ORDER, 2003

(Gazetted 15th April, 2003)

IN EXERCISE of the powers conferred by section 10 (4) of the Wages Councils Act, 1953 (No: 1 of 1953) the Governor General makes the following Order:-

Citation and commencement.
1.         This order may be cited as Wages Regulation (Agricultural Workers) Order 2003, and shall come into operation on the 1st day of May, 2003

Interpretation.
2.         In this Order-

"day" means a period of eight hours (sheltered) six hours (unsheltered) twelve hours (watchmen);

"worker" means a person employed, wholly or partly, in an agricultural undertaking (sheltered or unsheltered) and includes a watchman so employed.

Conditions of employment.
3. (1)         The remuneration payable to a worker shall be as in the Schedule.

3. (2)         The rates for overtime and eligibility for vacation shall be as in the Schedule.

3. (3)         Agricultural workers shall have one hour for lunch, thus actually working seven hours (sheltered) five hours (unsheltered). Watchmen shall work a twelve hour shift.

3. (4)         Employers should provide protective gears for workers in hazardous conditions at no cost to the employee.

Revocation.
4.         The Wages Regulations (Agricultural Workers) Order 1989 (No. 13 of 1989) is hereby revoked.    

1.   Minimum Wage.

(a)     Time work:
Sheltered workers                        $25.00 per eight hour day or $3.12 per hour
Unsheltered workers                     $25.00 per six hour day or $4.16 per hour
Watchmen                                   $30.00 per 12 hour day
Workers in hazardous conditions   $25.00 per five hour day or $5.00 per hour

(b)     Piece and task work:
Where a worker is employed on piece work or task work, the amount paid should not be less than the minimum wage. The extent of such piece or task work must be agreed in advance between the employer and the employee, orally or in writing.

2.  Overtime.

(a)   for work in excess of stipulated hours (Time and a half for every hour or part thereof )

(b)   for work on Sundays and public holidays  (Double time for every hour or part thereof. )

3.    Vacation.
     
An agricultural worker is entitled to vacation as follows -

(a)  on working 100 days to 125 days         5 working days

(b)  on working 126 days to 200 days         10 working days

(c)  on working 201 days and over         14 working days

Each employer is required to keep a personal record of his employees.

4.   Sick Leave.

(a)     An agricultural worker who has worked for at least one hundred and thirty days is entitled to ten calendar days sick leave with pay for non-occupational illness/injury.

(b)     The worker shall be required to present to the employer proper medical certification by the third day of absence

(c)     Such payment shall be not less than 100 per cent of the regular wage and shall be inclusive of any benefits received from the National Insurance Scheme.

In cases where surgery is required a maximum of (30) calendar days shall be granted.

5.  Maternity leave.

(a)     A worker who has had two (2) years continuous service with an employer shall be' entitled to maternity leave for the aggregate period of four (4) weeks confinement during which time the employer should pay not less than thirty five per cent (35%) of the employee's wages.

(b)     a minimum of one hundred and fifty (150) days shall be deemed to be qualified for one year's service.




WAGES REGULATIONS (DOMESTIC WORKERS) ORDER, 2003


(Gazetted 15th April, 2003)

IN EXERCISE of the powers conferred by section 10 (4) of the Wages Councils Act, 1953 (No. 1 of 1953) the Governor General makes the following Order: -

Citation and Commencement.
1.         This Order may be cited as the Wages Regulation (Domestic Workers) Order 2003, and shall come into operation on the 1st day of May, 2003.

Interpretation.
2.        In this Order -

"domestic worker" means any person employed wholly or partly in any private household as a cook, cleaner, children's nurse or general household help;

"week' means a period of time beginning on Monday morning and ending on Sunday evening, subject to the rest periods as provided for in the schedule.

Conditions of Employment.
3. (1)         The minimum remuneration payable to a domestic worker shall be as specified in the Schedule to this order.

3. (2)         The hours of work, rest period, sick leave, maternity leave and vacation of a domestic worker shall be as specified in the Schedule to this order.

Non-application.
4.         This Order shall not apply to a domestic worker employed in any undertaking operated by the Government.

Revocation.
5.         The wages Regulations (Domestic Workers) Order 1989 (No. 12 of 1989) is hereby revoked.




SCHEDULE

1.    Conditions of employment

(a) Persons with living-in accommodation     $300.00 per month with meals

(b) Persons without living-in accommodation     $350.00 per month with meals

(c) Persons employed on a day-to-day basis     $20.00 for an eight hour day or part thereof

2.    Hours of work.

(a)     The hours of work for a person provided with living-in accommodation should not exceed eleven in anyone day of which two hours should be for rest and for meals.

(b)     The hours of work for a person who is not provided with living-in accommodation should not exceed ten in anyone day, of which two hours should be for rest.

Provided always, that on Sundays (or on Saturdays for persons who observe Saturday as the Sabbath} and public holidays the hours of work for both categories of workers should not exceed six.

3.     Rest Periods.
A domestic worker employed other than those on a day to day basis should be given one afternoon each week beginning at one o'clock in the afternoon and all Sundays off or all Saturdays depending on religion.

4.     Annual Holidays.
A domestic worker, other than one employed on a day to day basis, shall be entitled to holidays as follows -

(a)     a worker with 1 to 5 years service with one employer,    14 calendar days;

(b)     a worker with over 5 years service with one employer,   21 calendar days.

5.     Sick leave.
A domestic worker who has had six (6) months continuous service with an employer shall be entitled to fourteen (14) days sick leave with pay in anyone subsequent year. Such sick leave however, shall not exceed two (2) days at anyone time unless a medical certificate is presented to the employer by the third day.

In cases where surgery is required a maximum of thirty (30) calendar days shall be granted.

6.     Maternity leave.
A worker who has had two (2) years continuous service with an employer shall be entitled to maternity leave for the aggregate period of four (4) weeks confinement during which time the employer should pay not less than thirty-five per cent (35%) of the employee's wages.


WAGES REGULATIONS (HOTEL WORKERS) ORDER, 2003


(Gazetted 15th April, 2003)

IN EXERCISE of the powers conferred by section 10 (4) of the Wages Councils Act, 1953 (No.1 of 1953) the Governor General makes the following Order:-


Citation and commencement.
1.          This order may be cited as Wages Regulation (Hotel Workers) Order 2003, and shall come into operation on the 1st day of May, 2003.

2. Interpretation.

"day" means a period of eight hours.

"week" means a period of six days. "Hotel workers" mean persons employed wholly or partly in Hotels, Apartment, Guest houses and Restaurant and Bars.

Conditions of Employment.
3.         Minimum Remuneration. The remuneration payable to a worker to whom this order applies shall be as prescribed in the schedule.




SCHEDULE

1. Minimum wage

Front Desk Receptionist/Secretary                   600.00 per month
Accounts Clerk Office Clerks                           800.00 per month
Guest Services                                               800.00 per month
Room Attendants                                            500.00 per month
House man/Bellboy                                         400.00 per month
Supervisor- Housekeeping                                600.00 per month
Food and Beverage Supervisors                        700.00 per month
Cook                                                              600.00 per month
Dish washer/Kitchen helper                             400.00 per month
Chef                                                            1,000.00 per month
Laundry        $25.00 per day                            400.00 per month
Gardener        $25.00 per day                          500.00 per month
Maintenance                                                  800.00 per month
Waiter/Waitress                                             500.00 per month
Bartenders                                                     600.00 per month
General Helper                                               500.00 per month

2.    Hours of work.
The normal hours of work of all employees in this industry shall be forty-eight (48) hours per week. Work on anyone day shall not exceed eight (8) hours exclusive of half hour for a meal.

The above, however, shall not apply to those working in Apartments and Guest Houses where employees work less than forty-eight (48) hours.

OFF DAYS: All employees shall be entitled to 1 day off per week.

3.     Overtime wages
For work in excess of eight hours     Time and a half for every hour or part thereof

4.     Vacation.  
A worker who has worked for

1 to 2 years                 14 working days
3 to 5 years                 18 working days
over 5 years                 21 working days

5.     Sick leave
A Hotel worker to whom this order applies shall be entitled to sick leave with full pay on production of a medical certificate by the third day of absence from work.

A worker who has completed:

6 months to 1 year             14 calendar days
2 years and over             18 calendar days

In cases where surgery is required a maximum of thirty (30) calendar days shall be granted.

6.    Maternity leave.
A worker who has had two (2) years continuous service with an employer shall be entitled to maternity leave for the aggregate period of four (4) weeks confinement during which time the employer should pay not less than thirty-five per cent (35%) of the employee's wages.

7.    Health and Safety.
There would be two medical checks yearly at the employer's expense.

Service charge to be distributed to workers as per agreement by Management and workers.




WAGES REGULATIONS (INDUSTRIAL WORKERS) ORDER, 2003

(Gazetted 15th April, 2003)

IN EXERCISE of the powers conferred by section 10 (4) of the Wages Councils Act, 1953 (No. 1 of 1953) the Governor General makes the following Order:-

WAGES REGULATIONS (INDUSTRIAL WORKERS) ORDER, 2003

Citation and commencement.
1.         This Order may be cited as the Wages Regulation (Industrial Workers) Order 2003, and shall come into operation on the 1st day of May, 2003.

Interpretation.
2.        In this Order-

"day" means a period of eight hours work.

Conditions of employment.
3. (1)     The minimum remuneration payable to a worker to whom this Order applies shall be as prescribed in the Schedule.

3. (2)     The rates of overtime payable to a worker shall be as prescribed in the Schedule.

3. (3)     Vacation with full pay and sick leave and maternity leave to which a worker is entitled shall be as prescribed in the Schedule.

Application.
4.         This Order applies to workers employed in the following undertakings -

(a)     mines, quarries and other work for the extraction of mineral from the earth;

(b)     industries in which articles are manufactured for sale, cleaned, repaired, ornamented, finished, adapted for sale, broken up, demolished or in which materials are transformed, and included shipbuilding and generation, transformation and transmission of electricity and motive power of any kind;

(c)     bakeries;

(d)     construction, reconstruction, maintenance, repair, alteration or demolition of any building, harbour, dock, pier, canal, inland waterway, roadway, road, tunnel, bridge, viaduct, sewer, drain, well, telegraphic or telephone installation, electrical undertaking, waterworks or other work of construction as well as the preparation for, or laying of the formation of, any such work or 'structure and school buildings;

(e)     transport of passengers or goods.

Revocation.
5.         The Wages Regulation (Industrial Workers) Order 1989 (No. 10 of 1989) is hereby revoked.



SCHEDULE

1.        Minimum wages
(1)     Subject to subparagraph (2), a worker who is employed in the undertakings set out in paragraph 4 (a), (b), (c), (d) and (e) of the Order shall be paid as follows-
$30.00 per day

(2)     A worker falling within the undertakings set out in paragraph 4 (d) of the Order who is employed in cleaning or clearing of roads, drains or trimming grass verges and roadside embankments and removing litter caused by clearing operations and any other unskilled worker in those undertakings shall work for a period of five days per week, six hours per day and shall be paid- $25.00 per day

(3)     Apprentice for period of six months to one year $15.00 per day
                        
2.        Overtime

Workers employed on time work, for every hour or part thereof: -

in excess of eight hours             time and a half
on public holidays                     double time
on Sundays                              double time

These rates shall not apply to workers employed on a shift system where their normal or regular schedules require them to work on such days, except in instances where they are required to work in excess of eight hours,

3.    Watchmen
(1)     A watchman who is employed in the undertakings set out in paragraph 4 (a), (b), (c), (d) or (e) of the Order shall be paid at the rate of$30.00 for a 12 hour shift.

(2)     A watchman employed on public holidays - double time.

(3)    A watch shall be entitled to one free night every seven days withpay

4.    Vacation -
On working 201 days up to 4 years16 working daysOn working between 176 to 200 days14 working daysOn working between 151 to 175 days12 working daysOn working between 126 to 150 days10 working daysOn working between 100 to 125 days8 working days5 years and over (a worker who has worked for 201 days in each year)21 working days

5.    Sick leave
An industrial worker shall, after working for one hundred and thirty (130) days, be entitled to ten (10) calendar days sick leave with pay on the presentation by the employee to the employer, within two days of absence, of a proper medical certificateSuch payment to be not less than one hundred per cent (100%) of the regular wage and shall be inclusive of (and not in addition to) any benefits received from the National Insurance Scheme. In cases where surgery is required a maximum of thirty (30) calendar days shall be granted.

6.    Maternity leave

(a)     A worker who has had two (2) years continuous service with an employer shall be entitled to maternity leave for the aggregate period of four (4) weeks confinement during which time the employer should pay not less than thirty-five per cent (35%) of the employee's wages.

(b)     a minimum of one hundred and fifty (150) days shall be deemed to be qualified for one year's service.



WAGES REGULATIONS (SECURITY WORKERS) ORDER, 2003

(Gazetted 15th April, 2003)

IN EXERCISE of the powers conferred by section 10 (4) of the Wages Councils Act, 1953 (No: 1 of 1953) the Governor General makes the following Order:-

Citation and Commencement.
1.         This order may be cited as the Wages Regulation (Security Workers) Order 2003, and shall come into operation on the 1st day of May, 2003.

Interpretation.
2.         In this Order-

"day" means a period of eight hours (day shift)

"day" means a period of twelve hours (night Shift) 6 p.rn. to 6.a.m.

Definition.
3.         A "Security Worker" (Security Guard) means any person employed wholly or partly to provide services for protection of persons or property.

Conditions of Employment
4. (1)        The minimum remuneration payable to a security worker (Security Guard) shall be as specified in the schedule.

4. (2)        Hours of work, Sick leave, Maternity leave and Vacation of a security worker (Security Guard) shall be as specified in the schedule



SCHEDULE


1.     Minimum Wages

(a)     Security Guards  $600.00 per month

(b)     Persons employed on day to day basis a day or part thereof.   $25.00 for 8 hours

2.    Hours of Work:
The hours of work for a Security Guard shall be eight (8) hours during the day and twelve hours during the night. All security Guards on the night shift shall be paid a night differential of $10.00 per night. A Security Guard shall work a six (6) day week and one day off a week with full pay.

3.    Overtime.

(a)     When an employee is required to work after the expiry of his /her normal working hours of work, the employee shall be paid for all work performed in excess of the normal hours, at a rate of one and a half times.

(b)     Overtime wages shall not be paid to workers on a shift system where their normal or regular schedules require them to work on such days, except in instances where they are required to work in excess of eight (8) hours.

4.     Vacation leave.

A Security worker to whom this order applies shall be entitled to vacation with pay as follows. A Security worker who has worked for
    
1 year up to 2 years          14 working days
3 years up to 5 years        18 working days
over 5 years                     21 working days


5.    Sick leave.
A Security Worker shall be-entitled to sick leave with pay as follows, on production of a medical certificate by the third day absence from work.

on completion of 6 months service     7 calendar days
on completion of I to 5 years             14 calendar days
on completion of 6 years and over      21 calendar days
In cases where surgery is required a maximum of thirty (30) calendar days shall be granted.

6.    Maternity leave.

(a)     A worker who has had two (2) years continuous service with an employer shall be entitled to maternity leave for the aggregate period of four (4) weeks confinement during which time the employer should pay not less than thirty- five per cent (35%) of the employee's wages.

(b)     a minimum of one hundred and fifty (150) days shall be deemed to be qualified for one year's service.




WAGES REGULATIONS (WORKERS IN OFFICES OF PROFESSIONALS) ORDER, 2003

(Gazetted 15th April, 2003)

IN EXERCISE of the powers conferred by section 10 (4) of the Wages Councils Act, 1953 (No. 1 of 1953) the Governor General makes the following Order:-

Citation.
1.         This order may be cited as the Wages Regulation (Workers in Offices of Professionals) Order 2003, and shall come into operation on the 1st day of May, 2003.

Interpretation.
2.         In this order-

"Workers in Offices of Professionals" means any person employed in the offices of Doctors, Lawyers, Accountants, Architects, Contractors, Engineers, Tax Consultant, Data Entries Firms, Shipping Agencies/Custom Brokers Office, Secretarial Services and any other workers employed in any professional undertaking.

Conditions of Employment:
3. (1)        Minimum remuneration: The minimum remuneration payable to workers in offices of professionals shall be as specified in the schedule to the order.

3. (2)        Hours of work, sick leave, maternity leave and vacation: The hours of work, sick leave, maternity leave and vacation of workers employed in offices of professionals shall be specified in the schedule to this order.



SCHEDULE

A worker (Male or Female) who is employed in the undertakings set out in Section 2 shall be paid as follows:

1.     Minimum wages

Clerks                            600.00 per month
Receptionist                   500.00 per month
Office Attendant              400.00 per month
Secretary/Typist              700.00 per month

2.    Hours of work
The hours of work for a person in offices of professional shall be 44 hours per week.

3.    Overtime wages
Every person employed in or about the business of any office of professionals

(a)     on a public holiday; or

(b)     during a period in excess of eight hours in any day or during a period in excess of forty hours in any week, shall be entitled to overtime for the period during which he is employed as follows-

(i)    in respect of employment in any office of professionals or. a public holiday, twice the hourly equivalent of the normal wages payable to the person so employed;

(ii)    in respect of employment in any office of professionals during a period in excess of eight hours in any other day, one and one half the hourly equivalent of the normal wages payable to the person so employed during the week in which he was so employed.

3.     Vacation
A worker in offices of professionals other than one employed on a day-to-day basis shall be entitled to vacation as follows:

A worker with between 1 to 2 years service      14 working days
A worker between 3 to 5 years service             18 working days
A worker with over 5 years service                   21 working days

4.     Sick Leave

A worker shall be entitled to sick leave with pay as follows, on production of a medical certificate by the third day absence from work

On completion of six (6) months                7 calendar days
After working between 1 to 5 years            14 calendar days
After completion of 6 years and over           21 calendar days

In cases where surgery is required, a minimum of thirty (30) Calendar days shall be granted.

5.    Maternity Leave

(a)     A worker who has had two (2) years continuous service with an employer shall be entitled to maternity leave for the aggregate period of four (4) weeks confinement during which time the employer should pay not less than thirtyfive per cent (35%) of the employee's wages.

(b)     a minimum of one hundred and fifty (150) days shall be deemed to be qualified for one year's service.




WAGES REGULATIONS (SHOP ASSISTANTS) ORDER, 2003

(Gazetted 15th April, 2003)

IN EXERCISE of the powers conferred by section 10 (4) of the Wages Councils Act, 1953 (N0. 1 of 1953) the Governor General makes the following Order:-

Citation
1.         This order may be cited as the Wages Regulation (Shop Assistants) Order 2003, and shall come into operation on the 1st day of May, 2003.

Interpretation:
2.         In this order-

"shop" includes any building, house, room, shed, stall, yard, premises or place where wholesale or retail trade or business is carried on, and also refreshment houses, restaurants and cook-shops of any kind and also all premises licensed for the sale of intoxicating liquors;

"shop assistant" means any person employed in a shop as defined in this Regulation. "check-out attendant" means a person -

(a)     who is employed to take goods and cash to the cashier;

(b)     who packages goods for customers;

(c)    who performs the duties of an office attendant in an office or shop;

(d)    "cleaner" means a person who is employed to clean a shop;

"office attendant" means a person who is employed as a messenger in an office or shop;

"office-clerk" means a person who is employed as a time keeper, book-keeper, typist, clerk or clerk-typist; data entry clerk; library assistant;

"packer" means a person who-

(a)     weighs, parcels and packs goods;

(b)     assorts and packs goods and delivers goods to sales clerks;

"porter" means a person who is employed in transporting goods;

"sales clerk" means a person who is employed in the sale of goods to the public and includes cashiers and persons employed at gasoline stations;

"watchman" means a person who is employed to watch bus mess places during holidays or at nights;

"week" means-

(a)     in the case of a watchman, a period of six days;

(b)     in the case of the other categories of workers, a period of time beginning on Monday morning and ending on Saturday at noon

Conditions of Employment:
3.

(a)     The minimum remuneration payable is as specified in the Schedule

(b)     All employees shall be entitled to one hour for lunch, which forms part of the eight hour working day.

(c)     Vacation, sick leave and maternity leave shall be as specified in the schedule.

Revocation.
4.        The wages Regulations (Shop Assistants) Order 1989 (No 11 of 1989) is hereby revoked.


SCHEDULE


1.    Minimum Wages
(1)     persons with previous working experience

(1) Cashiers         $125.00 per week         $500.00 per month
(2) Sales clerk     $100.00 per week         $ 400.00 per month
(3) Check-out attendants, office attendants, packers and cleaners (full time)  $100.00 per week
     Part time cleaners (3 hours or less)         $150.00 per month
(3) Porters                         $125.00 per week            
(4) Watchmen                         $180.00 per week
     (A watchman should be employed for a period of six days for a twelve hour shift per day)
(5)     Office Clerks

(a) persons with previous working experience     $500.00 per month

(b) persons sixteen and over             

(i) on first employment, first six months;     $400.00 per month

(ii) thereafter   $500.00 per month

2.    Overtime wages
Every person employed in or about the business of any shop

(a)     on a public holiday; or

(b)    during a period in excess of eight hours in any day or during a period in excess of forty-four hours in any week, shall be entitled to overtime for the period during which he is employed as follows-

(i)    in respect of employment in any shop on a public holiday, twice the hourly equivalent of the normal wages payable to the person so employed;

(ii)    in respect of employment in any shop during a period in excess of eight hours in any other day, one and one half the hourly equivalent of the normal wages payable to the person so employed during the week in which he was so employed.

3.    Vacation
3. 1.     A shop Assistant to whom this Order applies shall, in addition to public holidays, be entitled to vacation with pay as follows-

(i)     after 1 year of completed service         14 working days

(ii)     after 2 years up to 5 years of service     18 working days

(iii)     6 years and over                 21 working days

3. 2.    Where during the second or subsequent year of employment the service of that person is terminated, he shall be paid for the proportionate part of the vacation due to him at the time of the termination.

4.    Sick Leave

A shop assistant to whom this Order applies shall be entitled to sick leave with full pay on production of a medical certificate by the third day of absence from work through illness as follows-

(i)     On completion of six months continuous service     7 calendar days

(ii)     On completion of one year's continuous service     14 calendar days

In cases where surgery is required a maximum of (30) calendar days shall be granted

5.     Maternity Leave

A worker who has had two (2) years continuous service with an employer shall be entitled to maternity leave for the aggregate period of four (4) weeks confinement during which time the employer should pay not less than thirty-five per cent (35%) of the employee's wages.