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Bahamas - Compensation & Benefit Legislation

CAPITAL

Nassau

 

CLIMATE

Tropical marine climate moderated by warm waters of the Gulf Stream.

 

LANGUAGES

English and Creole (among Haitian immigrants).

 

LEGAL SYSTEM

Based on English common law.

 

CURRENCY

Bahamas Dollars (1 USD = 0.99000 BSD as of April 15, 2002)

 

BAHAMAS - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

BAHAMAS - EMBASSY/CONSULATES

U.S. Embassy at Nassau

Queen St.

P.O. Box N-8197

Nassau, Bahamas

Telephone: [809] 322-1181

http://usembassy.state.gov/nassau/

 

Embassy of the Commonwealth of the Bahamas at Washington D.C.

2220 Massachusetts Avenue N.W.

Washington D.C. 20008

Telephone: (202) 319-2660

Fax: (202) 319-2668

 

BAHAMAS - HOLIDAYS

 

BAHAMAS – LEAVE

Annual Leave: 2 weeks paid annual leave each year.

 

Maternity Leave: 8 weeks – 100% of pay (paid 40% Employer – 60% social security).

 

BAHAMAS - MINIMUM AGE

The law prohibits the employment of children under the age of 14 for industrial work or work during school hours. Children under the age of 16 may not work at night. There is no legal minimum age for employment in other sectors, and some children work part time in light industry and service jobs.

 

(Section 6.d. Acceptable Conditions of Work, Bahamas – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

BAHAMAS - MINIMUM REMUNERATION

There is no minimum wage in the private sector. In 2000, the Government established a minimum wage of B$4.66 (approximately$4.66) per hour for all hourly and temporary workers throughout the public sector.

 

(Section 6.e. Acceptable Conditions of Work, Bahamas – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

BAHAMAS - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

BAHAMAS - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

 

a. The Right of Association

 

The Constitution provides labor unions with the right of free assembly and association, and the Government generally respects these rights in practice. Private sector and most public sector workers may form or join unions without prior approval. Members of the police force, defense force, fire brigade, and prison guards may not organize or join unions. Workers exercise the right of association extensively, with almost one-quarter of the work force (and 80 percent of the workers in the important hotel industry) belonging to unions.

 

In April a court of appeal ordered City Markets, Ltd. to allow its workers to join the union of their choice. City Markets and the union had been locked in legal battles since 1996 when City Markets disagreed with then- Minister of State for Public Service and Labor, David Thompson, who held that the union was entitled to be recognized as the bargaining agent for the nonmanagerial employees of City Market.

 

On November 15, the newly formed Bahamas Financial Services Union received a certificate of recognition officially acknowledging it as the bargaining union for nonmanagement bank employees of Barclays Bank PLC. Bank employees facing the pending merger of Barclays Bank PLC and the Canadian Imperial Bank of Commerce formed the union.

 

Three major umbrella labor organizations--the National Workers Council of Trade Unions and Associations, the Trade Union Congress, and the National Congress of Trade Unions--along with individual labor unions, all function independently of government or political party control.

 

The Industrial Relations Act requires that, before a strike begins, a simple majority of a union's membership must vote in favor of a motion to strike. The Department of Labor must supervise the vote. Unions threatened several work stoppages against both public and private employers during the year. In March a total of 27 air traffic controllers were placed on administrative leave and removed from the air traffic control tower at Nassau International Airport for engaging in industrial actions while negotiations were in progress, contrary to a negotiated agreement with the Government. Following the suspensions, the Bahamas Air Traffic Controllers Union received the backing of two major labor confederations. The union claimed that replacement air traffic controllers were unqualified and caused dangerous conditions at Nassau International Airport. The Air Traffic Controllers Union returned to work on June 26.

 

In order to resolve trade disputes more quickly, in 1996 Parliament amended the Industrial Relations Act to establish an industrial tribunal. According to the Act, labor disputes first are filed with the Ministry of Labor and then, if not resolved, are turned over to the tribunal. The tribunal follows normal court procedures for the admission of evidence, direct examination, and cross-examination. The tribunal's decision is final and can only be appealed in court on a strict question of law. Some employers complain that the industrial tribunal is biased unfairly in favor of employees.

 

All labor unions have the right to maintain affiliations with international trade union organizations.

 

b. The Right to Organize and Bargain Collectively

 

Workers freely exercise their right to organize and participate in collective bargaining, which the law protects. Unions and employers negotiate wage rates without government interference.

 

The Constitution and the Industrial Relations Act prohibit

 

antiunion discrimination by employers. The act requires employers to recognize trade unions, and it requires the reinstatement of workers fired for union activities. Employers may dismiss workers in accordance with applicable contracts, which generally require some severance pay. The Government enforces labor laws and regulations uniformly throughout the country.

 

Freeport is a specially designated free trade zone. Labor law and practice in this zone do not differ from those in the rest of the country. However, human rights advocates assert that the Port Authority has allowed the Hong Kong-based company Hutchinson-Whampoa, which now owns the harbor, airport, and many major hotels in Freeport, to discourage unions.

 

c. Prohibition of Forced or Compulsory Labor

 

The Constitution prohibits forced or compulsory labor by all persons, including children, and such labor does not exist in practice.

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The law prohibits the employment of children under the age of 14 for industrial work or work during school hours. Children under the age of 16 may not work at night. There is no legal minimum age for employment in other sectors, and some children work part time in light industry and service jobs. On June 14, the Government ratified the International Labor Organization's Convention 182 on the worst forms of child labor. The constitutional prohibition of forced and compulsory labor, including that by children, is respected in practice (see Section 6.c.).

 

e. Acceptable Conditions of Work

 

The Fair Labor Standards Act permits the creation of a Wages Council to recommend the setting of a minimum wage, but the Government never has established such a council or a general minimum wage. However, in 2000 the Government established a minimum wage of $4.66 (B$4.66) per hour for all hourly and temporary workers throughout the public sector. There is no minimum wage in the private sector. In view of the high cost of living, this wage alone does not provide more than a subsistence living for a worker and family. The Act limits the regular workweek to 48 hours, provides for one 24-hour rest period, and requires overtime payment (time and a half) for hours beyond the standard.

 

The Ministry of Labor is responsible for enforcing labor laws and has a team of inspectors who conduct on-site visits to enforce occupational health and safety standards and investigate employee concerns and complaints; however, inspections occur infrequently. The Ministry normally announces inspection visits in advance, and employers generally cooperate with inspectors to implement safety standards.

 

The national insurance program compensates workers for work-related injuries. The Fair Labor Standards Act requires employers to find suitable alternative employment for employees injured on the job but still able to work. The law does not provide a right for workers to remove themselves from dangerous work situations without jeopardy to continued employment.

 

f. Trafficking in Persons

 

There are no laws that specifically address trafficking in persons; however, the Penal code bans prostitution and prohibits the detention of persons against their will and for immoral purposes. There were no reports that persons were trafficked to, from, within, or through the country, and the Government has not prosecuted any cases against traffickers.

 

BAHAMAS - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

BAHAMAS - STANDARD WORKWEEK

The standard workweek is 48 hours with one 24-hour rest period. Overtime payment is required (time and a half) for hours beyond the standard workweek.

 

(Section 6.e. Acceptable Conditions of Work, Bahamas – Report of Human Rights Practices, 2001, U.S. Department of State.)