The Antigua and Barbuda Labour Code (Amendment) Act, no. 9 of 2019

5. Amendment of Division F 3 The Antigua and Barbuda Labour Code No. 9 of 2019 (Amendment) Act, 2019 [L.S.] I Assent, Clare Roberts, Deputy Governor-General. 2nd May, 2019. ANTIGUA & BARBUDA THE ANTIGUA AND BARBUDA LABOUR CODE (AMENDMENT) ACT, 2019 No. 9 of 2019 AN ACT to amend the Antigua and Barbuda Labour Code, Cap. 27 for incidental and connected purposes. ENACTED by the Parliament of Antigua and Barbuda as follows-

1. Short title This Act may be cited as the Antigua and Barbuda Labour Code (Amendment) Act, 2019.

2. Interpretation In this Act, “the Principal Act” means the Antigua and Barbuda Labour Code, Cap. 27.

3. Amendment of Division C Division C of the Principal Act is amended in section C3 by— (a) inserting the following definitions in the appropriate order— 4 No. 9 of 2019 The Antigua and Barbuda Labour Code (Amendment) Act 2019 “ “contract worker” means a person who is employed on a fixed term contract; “fixed term contract” means an employment contract in which an employer recruits an employee for a limited period of time to perform a specific task.” (b) repealing the definition of “temporary employee” ; and (c) inserting the following new section immediately after section C7— “C7A. Contract workers (1) Subject to subsection (2), a contract worker who is recruited by an employer shall perform his or her duties under a fixed term contract. (2) A fixed term contract shall not be issued to an employee for a position which is permanent in nature or which is covered by a collective bargaining agreement. (3) A fixed term contract shall outline in writing— (a) the specific tasks and responsibilities of the employee; (b) the period of employment; (c) the terms and conditions of the employment arrangement; and (d) any other information which is relevant to the employment arrangement. (4) A fixed term contract may be renewed by mutual agreement between the employer and the contract worker. (5) A contract worker shall be deemed to be a full time employee if that worker’s fixed term contract— (a) has been renewed by the employer on two or more occasions after the initial issuance; and (b) the total contractual period for which the worker has been employed amounts in aggregate to one year or more.” (d) by repealing section C40 and substituting it with the following new section— “C40. Right to severance pay generally An employee whose terms of employment with an employer and his predecessors has in aggregate exceeded one year is entitled to severance pay upon termination of said 5 The Antigua and Barbuda Labour Code No. 9 of 2019 (Amendment) Act, 2019 employment by the employer for reasons of redundancy or as a result of the sale of assets or other means of disposal of the undertaking to a successor-employer.” (e) by repealing section C44 and substituting it with the following new section— “C44. Limitations on severance pay; offer of equivalent employment. (1) An employee who is entitled to severance pay under section C40 by reason of a sale of the undertaking to a successor-employer may exercise the option to accept severance pay from the predecessor-employer. (2) An employee who has exercised the option to accept severance pay from the predecessor- employer ceases to be an employee of that undertaking, but may subsequently accept a new offer of employment from the successor-employer. (3) Notwithstanding subsection (1), an employee who is entitled to severance pay— (a) may exercise the option not to accept severance pay from the predecessor- employer; and (b) shall continue employment with the successor-employer; and (c) shall have all benefits, rights and privileges which are due to that employee preserved; and (d) shall in the event of a subsequent entitlement to severance arising, have his tenure of employment for severance purposes be calculated from the date of his original hiring by the first of a series of predecessor-employer and shall have that severance paid by the successor-employer computed on the basis of his full tenure of employment by the successor-employer and all predecessor-employers.”

4. Consequential amendment The Banking Act, No. 10 of 2015 is amended by repealing section 176(g) and replacing it as follows— “(g) an employee employed by the transferor financial institution immediately before the date of the transfer may exercise the option subsequently upon the transfer— (i) to accept severance from the transferor financial institution in accordance with section C44(1) of the Antigua and Barbuda Labour Code, Cap. 27, and in which case, that employee shall not be considered an employee of the transferee financial institution unless that employee accepts a new offer of 6 No. 9 of 2019 The Antigua and Barbuda Labour Code (Amendment) Act 2019 employment from the transferee financial institution as provided for under section C44(2); or (ii) not to accept severance from the transferor financial institution under section C44(3) and shall continue as an employee of the transferee financial institution on terms and conditions no less favourable than those on which the employee was so employed immediately before the date of the transfer, save that no director, secretary or auditor of the transferor financial institution shall by virtue only of a Banking Business Vesting Order become a director, secretary or auditor, as the case may be, of the transferee financial institution.”

5. Amendment of Division F The principal Act is amended in Division F by repealing the First and Second Schedules and substituting the following new Schedules— Photograph

FIRST SCHEDULE Application under section F5 of WORK PERMIT DIVISION of the Antigua & Barbuda Labour Code APPLICATION FOR WORK PERMIT TO BE EMPLOYED BY AN EMPLOYER 1. Name of Applicant (in capital letters): Surname................................. First Name.......................... Middle Name................... Gender (male)............. (female)............... (other)................... Contact #.................................................................................. Medical benefit #..................................................................... Social Security #...................................................................... 7 The Antigua and Barbuda Labour Code No. 9 of 2019 (Amendment) Act, 2019 2. Date of Birth............................................................................. 3. Place of Birth........................................................................... 4. Nationality................................................................................. 5.Passport #................................................................................... Place of Issue....................................................... Date of Issue.................................................... Expiry Date......................................... 6. Address in Antigua & Barbuda................................................................................................ 7. Last Address if Applicant has lived outside the State within the past two (2) years................ 8. Status Single ( ) Married ( ) Divorced ( ) Separated ( ) Widow or Widower ( ) 9. Are you related to any Citizen of Antigua & Barbuda..... yes ( ) no ( ) If yes, state relation...................... 10. Date of arrival or expected date of arrival............................................................. 11. Name and address of proposed employer.............................................................. 12. Occupation which applicant has held for last two (2) years.................................. 13. Position in which applicant seeks to be employed................................................ 14. Qualifications, training and experience in this occupation................................... 15. How did applicant become aware of the position mentioned at #13.............. 8 No. 9 of 2019 The Antigua and Barbuda Labour Code (Amendment) Act 2019 16. Proposed period for which work permit is desired. From................. To .............. 17. Will any other family member be accompanying or joining the applicant in Antigua & Barbuda? Yes ( ) No ( ) If yes state: Name Date of Birth Place of Birth Nationality Relation 18. Have you or any of your dependants ever been debarred from entering any country or deported from any country. If yes, give particulars and dates............................. I hereby declare that the above information is true and correct ............................................................ ............................. Signature of Applicant Date ___________________

SECOND SCHEDULE (TO BE COMPLETED BY EMPLOYER ONLY) 1. Name of Employer.............................................................................................. 2. Name of Business................................................................................................ 9 The Antigua and Barbuda Labour Code No. 9 of 2019 (Amendment) Act, 2019 3. Business address and contact number: .................................................................................................................................. 4. Nature of Business................................................................................................ 5. Is Business registered as a Company, Partnership or Sole Proprietorship under the Companies Act? Yes ( ) No ( ) 6. Please state date of Registration............................................................................... 7. State: (i) Total Number of employees employed.......................................... (ii) Number of employees employed in each category below: Managerial Professional Technical Other (iii) Total Number of employees who are citizens of Antigua & Barbuda ..... (iv) Number of persons employed in each category at (ii) above who are citizens of Antigua & Barbuda...................... (v) Number of non-nationals employed in each category at (ii) above......................... 8. Steps taken to fill the positions referred to at #7 (ii) (a) Advertisement (i) Local.............................. (ii) Abroad........................... (iii) Name of paper/magazine/periodical of Agency ............................................................................................. (attach a copy of the Advertisement) 10 No. 9 of 2019 The Antigua and Barbuda Labour Code (Amendment) Act 2019 (b) Was vacancy advertised with the Labour Department? Yes ( ) No ( ) (c) Other sources............................................................................................. 9. What programme has employer instituted for training citizens of Antigua & Barbuda? Give details of programme with dates and other relevant information .............................................................................................................................................................. ................................................................................................................................................ .............. ....................................................................... 10. State description of post to be filled by applicant referred to in First Schedule #13. (Attach a copy of detailed job description). 11. Proposed period for which work permit is desired- From......................... To............................ 12. Do you owe any statutory contributions in Antigua & Barbuda? (in the case of application for renewal) (a) If yes, state amount and arrangements being made for payment .................................................................................................... (b) If no, give the number and date of the last receipt for payment .................................................................................................. I hereby declare that the above information is true and correct. .................................................... ........................................... .................. Signature of Employer Business Stamp or Seal Date ________________________________________________________________ For Official Use: Tick the appropriate box: New ( ) Renewal ( ) Change of Employer ( ) 11 The Antigua and Barbuda Labour Code No. 9 of 2019 (Amendment) Act, 2019 Date received................................... Comments……………………………………………………………………… …………………………………………………………………………………. …………………………………………………………………………………. …………………………………………………………………………………. …………………………………………………………………………………. …………………………………………………………………………………. Name of processing Officer................................................................................... __________________ Passed the House of Representatives on Passed the Senate on the 16th day of the 28th day of March, 2019. April, 2019. Gerald Watt, Q.C., Alincia Williams Grant, Speaker. President. A. Peters, A. Peters, Clerk to the House of Representatives. Clerk to the Senate. 12