Labour Standards Act, Chapter 89:05

The Labour Standards Act, Chapter 89:05 of Dominica, enacted in 1977 and revised through amendments in 1983, 1990, and 1991, serves as a cornerstone of employment law on the island. This comprehensive legislation aims to protect workers by establishing minimum conditions of employment relating to wages, working hours, rest periods, maternity leave, vacation leave, equal pay, and workplace oversight.

Scope and Application

The Act applies to all employers and employees in Dominica, regardless of any contractual arrangements, unless such arrangements provide more favourable terms. Its provisions are considered the legal baseline, minimum rights that cannot be waived or reduced through custom, contract, or other laws. This ensures a uniform set of protections for workers across various sectors.

It defines key terms such as “employee,” “employer,” “handicapped person,” “holiday,” “juvenile,” and “Labour Commissioner.” An important principle enshrined in the Act is that more favourable conditions offered through other agreements must be respected in addition to the statutory standards.

Wage Protection and Minimum Wage Orders

The Act empowers the Minister for Labour, responsible for Industrial Relations to issue a Proclamation fixing a minimum wage for specific occupations or employment categories. These wages can be expressed as weekly, daily, or hourly rates. An Advisory Board may be appointed to advise the Minister on appropriate minimum rates for various occupations, ensuring parity and fairness across industries.

The minimum wage structure includes special provisions for the employment of handicapped persons, allowing for adjusted wages under conditions that safeguard the individual’s best interests. Employers are required by law to pay wages no lower than the specified minimum for the occupation unless special permission is granted under Section 7.

A supplementary Minimum Wage Order outlines fixed rates for a wide range of job types, from factory and tourism workers to receptionists and shop assistants. For example:

• Juveniles: $3.00/hr
• Shop assistants: $2.00/hr
• Home assistants (living in): $54.00/week

These figures reflect the statutory floors and may be updated through ministerial orders.

Working Hours and Overtime

The standard workweek is defined as a maximum of eight hours per day and forty hours per week. Any additional work requires employee consent and must be compensated as overtime at a rate of no less than 1.5 times the regular wage. The Act mandates that workers receive one full day of rest per week, preferably on a Sunday.

Leave Entitlements

Employees in Dominica are guaranteed annual vacation leave with pay as follows:

• At least two weeks per year for employees with under five years of service
• At least three weeks per year for those employed five years or more

Vacation leave must be granted within ten months after the completion of a year of employment. If a public holiday falls within the vacation period, the leave is extended by one day without loss of pay.

Part-time employees working fewer than 1,760 hours annually are entitled to either pro-rated vacation leave or 4% of their wages in lieu of leave. Employers are obligated to settle vacation pay upon termination.

Maternity Leave

A pregnant employee with 12 months of continuous service is entitled to maternity leave, comprising:

• At least 3 weeks before confinement
• Up to 9 weeks after childbirth

During the first 4 weeks of maternity leave, the employer must pay at least half the employee’s regular wage. Upon return, the employee is entitled to resume the same or an equivalent position, with all rights preserved.

Equal Pay and Non-Discrimination

The Labour Standards Act firmly upholds equal pay for equal work. Employers may not pay different wages to male and female employees performing similar work under similar conditions. Any variance must be justifiable based on non-gender factors such as performance, tenure, or skills.

Moreover, it prohibits wage reductions for the purpose of complying with equal pay provisions and confirms that a transfer of business does not interrupt employment continuity, protecting employee benefits such as leave entitlements.

Labour Oversight and Inspections

The Act grants the Minister authority to appoint Labour Inspectors, empowered to:

• Inspect payroll records and work conditions
• Enter any business premises without prior notice
• Require oral or written statements from employers or employees
• Ensure compliance with wages, hours, and leave entitlements

Inspectors carry official identification and must be granted full cooperation. Violations of Sections 28 and 29, dealing with inspections and records, can result in daily fines.

Record Keeping

Every employer must keep records for at least 24 months, detailing:

• Employee name and address
• Age (if under 18)
• Wage rate and hours worked
• Total earnings and payments

Failure to maintain such records or to provide them to inspectors upon request constitutes an offence under the Act.

Dispute Resolution and Enforcement

Employees, unions, or the Labour Commissioner may file complaints regarding non-compliance with the Act (excluding inspection matters) to the Industrial Relations Tribunal, within two years of the alleged violation. The Tribunal holds exclusive jurisdiction and can:

• Order employers to comply
• Award payments due
• Issue binding decisions subject only to limited appeal

The Tribunal’s procedures and enforcement mechanisms mirror those of the Industrial Relations Act, ensuring consistency across labour-related disputes.