Gazette March 8, 2024 Part A Vol. CLIX No. 25 with Acts 7 & 9

NOTICE
Act 2024-7: Labour Clauses (Concessions) Act, 2024 which was published in Part A of the Official Gazette dated 1st March, 2024 was inadvertently published with the incorrect Third Schedule.
The Act is reprinted with the correct Third Schedule.

LABOUR CLAUSES (CONCESSIONS) ACT, 2024-7
Arrangement of Sections

Short title
Interpretation
Labour clauses
Conditions applicable to concessions
Appeal
Regulations
Amendment of Schedules
Consequential amendments

LABOUR CLAUSES (CONCESSIONS) ACT, 2024-7
FIRST SCHEDULE Concessions Enactments SECOND SCHEDULE Labour Clauses THIRD SCHEDULE Labour Enactments FOURTH SCHEDULE Consequential Amendments LABOUR CLAUSES (CONCESSIONS) ACT, 2024-7
BARBADOS
I assent
S. MASON President of Barbados 27th February, 2024.

2024-7
An Act to make provision for the conditions applicable to concessions granted to employers.
[Commencement: 1st March, 2024] ENACTED by the Parliament of Barbados as follows:
LABOUR CLAUSES (CONCESSIONS) ACT, 2024-7

Short title

This Act may be cited as the Labour Clauses (Concessions) Act, 2024.

Interpretation

In this Act,
“Barbados Revenue Appeals Tribunal” means the Barbados Revenue Appeals Tribunal established under the Barbados Revenue Authority Act (Act 2014-1);
“concession” may include
(a)
an exemption, waiver or remit of a tax under an enactment set out in the First Schedule; or

(b)
a benefit granted to an employer having received an approval of

(i)
the status of the employer as an approved entity as defined in an enactment;

(ii)
the status of an approved product or an approved project, as defined in an enactment, developed by the employer; or

(iii) the status referred to in subparagraphs (i) and (ii); “employee” means an individual who has entered into or works under a contract
of employment; “employer” in relation to an employee means
(a)
the person by whom the employee is employed;

(b)
the person in whose organization the employee is employed; or

LABOUR CLAUSES (CONCESSIONS) ACT, 2024-7
“Employment Rights Tribunal” means the Employment Rights Tribunal established under the Employment Rights Act, 2012 (Act 2012-9);
“tax” means import duty, consumption tax, income tax or any other tax, duty or impost.

Labour clauses
3.(1) The labour clauses set out in the Second Schedule shall have effect in relation to employees and employers referred to under this Act.
(2)
A Minister referred to in the Second Schedule shall carry out such actions as are required in relation to the employers and employees referred to in subsection (1) in accordance with the labour clauses set out in the Second Schedule.

(3)
The Chief Labour Officer shall carry out such actions as are required in relation to the employers and employees referred to in subsection (1) in accordance with the labour clauses set out in the Second Schedule.

(4)
Where a dispute arises as to what wages ought to be paid or what hours or other working conditions ought to be observed in accordance with the requirements of paragraph 1 of the Second Schedule, the dispute shall be referred to the Employment Rights Tribunal by the Chief Labour Officer.

Conditions applicable to concessions
4.(1) Notwithstanding anything contained in any enactment, where an employer fails to comply with
(a)
the labour clauses set out in the Second Schedule

(b)
the enactments set out in the Third Schedule or any other enactment relating to labour,

a concession granted under any enactment may be suspended or revoked by the Minister responsible for the enactment under which the concession is granted on consultation with the Minister responsible for labour.
LABOUR CLAUSES (CONCESSIONS) ACT, 2024-7
(2) A decision made under subsection (1) in regard to an employer shall be communicated to that employer, in writing, within 7 days of the making of that decision.

Appeal

A person aggrieved by a decision made under section 4(1) may, within 7 days after receiving the decision, appeal to the Barbados Revenue Appeals Tribunal.

Regulations
6.(1) The Minister responsible for labour may make regulations generally for the purposes of giving effect to this Act.
(2) The regulations made under subsection (1) shall be subject to negative resolution.

Amendment of Schedules

The Minister responsible for labour may, by order, amend the First Schedule, Second Schedule and Third Schedule.

Consequential amendments

The enactments set out in Column 1 of the Fourth Schedule are amended in the manner specified in Column 2 of the Fourth Schedule.
LABOUR CLAUSES (CONCESSIONS) ACT, 2024-7

FIRST SCHEDULE
(Section 2) Concessions Enactments

Duties, Taxes and Other Payments (Exemption) Act, 2023 (Act 2023-14)
Shipping (Incentives) Act, Cap. 90A
Small Business Development Act, Cap. 318C
Special Development Areas Act, Cap. 237A
Tourism Development Act, Cap. 341

LABOUR CLAUSES (CONCESSIONS) ACT, 2024-7

SECOND SCHEDULE
(Sections 3,4 and 7) Labour Clauses

An employer shall pay the rates of wages and observe hours and other conditions of employment that are not less favourable than those established in the trade, industry or sector for which he has been granted a concession pursuant to any enactment.
The rates of wages, hours and conditions of employment shall be established by agreement or arbitration between the most representative organisation of employers and the most representative organisation of employees engaged in the trade, industry or sector to which the concession relates.
Where there are no established rates, hours or other conditions as defined in paragraph 1, the Chief Labour Officer, after consultation with representatives of employers and employees, shall establish and publish in the Official Gazette a schedule setting out fair and reasonable rates and conditions which are to be observed by the employer, having regard to persons employed in a capacity and in general circumstances similar to those engaged by the employer.
An employer shall keep records of wages and records of time worked of an employee in the execution of tasks or duties under the award of the concession or other benefit and the records shall be kept in electronic form or otherwise to be made available for inspection of any person authorized by the Chief Labour Officer in accordance with the provisions of the Labour Department Act, Cap. 23.
An employer shall treat an employee pursuant to a grant of concessions as a person insured under section 12(1) of the National Insurance Act, Cap. 47.
An employer shall recognize the freedom of their employees to be members of a registered trade union and recognize their right to bargain collectively.
Where there is a default in the payment of any money in respect of wages or other entitlements of an employee, that employee may make a claim for the payment of unpaid wages or other entitlements in accordance with any enactment governing the protection of wages or other entitlements in Barbados.
The employer shall from time to time furnish to the relevant Minister under a relevant enactment such further detailed information and evidence as the Minister, on consultation with the Chief Labour Officer, may deem necessary in order to satisfy him that the conditions set out in the provisions of this Schedule have been complied with.

LABOUR CLAUSES (CONCESSIONS) ACT, 2024-7

THIRD SCHEDULE
(Section 4 and 7) Labour Enactments

Employment Rights Act, 2012 (Act 2012-9)
Employment (Prevention of Discrimination) Act, 2020 (Act 2020-26)
Employment (Sexual Harassment Prevention) Act, 2017 (Act 2017-21)
Holidays with Pay Act, 2017 (Act 2017-3)
Labour Clauses (Public Contracts) Act, Cap. 349
Labour Department Act, Cap. 23
Protection of Wages Act, Cap. 351
Safety and Health at Work Act, Cap. 356
Shops Act, 2015 (Act 2015-30)

LABOUR CLAUSES (CONCESSIONS) ACT, 2024-7

FOURTH SCHEDULE
(Section 8) Consequential Amendments
Column 1 Column 2
Enactments Amendments

Barbados Revenue Authority Act, 2014 (Act In the First Schedule, delete paragraph 12 2014-1) and substitute the following:
“12. Labour Clauses (Concessions) Act, 2024 (Act 2024-7).”.
Employment Rights Act, 2012 (Act 2012-9) Section 7(2) is deleted and the following is substituted:
“(2) The jurisdiction of the Tribunal is to determine complaints made to it under this Act or under any other enactment that provides for enforcement by the Tribunal or the determination of disputes referred to the Tribunal under any enactment, and subject to section 48, to make awards and other decisions in relation to those complaints in accordance with its powers.”.

DEBT (NATURAL DISASTER AND PANDEMIC DEFERMENT OF PAYMENT) (MISCELLANEOUS PROVISIONS) ACT, 2024-9
Arrangement of Sections

Short title
Amendment of enactments SCHEDULE

Consequential Amendments
DEBT (NATURAL DISASTER AND PANDEMIC DEFERMENT OF
PAYMENT) (MISCELLANEOUS PROVISIONS) ACT, 2024-9

BARBADOS
I assent
S. MASON President of Barbados 20th February, 2024.

2024-9
An Act to make provision for deferment of the payment of the amortizations and interest due on debt on the occurrence of a natural disaster or a pandemic event under certain enactments.
[Commencement: 1st March, 2024] ENACTED by the Parliament of Barbados as follows:

Short title

This Act may be cited as the Debt (Natural Disaster and Pandemic Deferment of Payment) (Miscellaneous Provisions) Act, 2024.

Amendment of enactments

The enactments set out in Column 1 of the Schedule are amended in the manner specified in Column 2 of the Schedule.
DEBT (NATURAL DISASTER AND PANDEMIC DEFERMENT OF PAYMENT) (MISCELLANEOUS PROVISIONS) ACT, 2024-9
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