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Barbados - Compensation & Benefit Legislation

CAPITAL

Bridgetown

 

CLIMATE

Tropical climate with a rainy season that runs from June to October.

 

LANGUAGES

English

 

LEGAL SYSTEM

Barbados’ legal system is based on English common law. Barbados has no judicial review of legislative acts.

 

CURRENCY

Barbadian dollar (1 USD = 1.99000 BBD as of April 15, 2002).

 

BARBADOS - COST-OF-LIVING

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

 

BARBADOS - EMBASSY/CONSULATES

U.S. Embassy at Bridgetown

The American Life Insurance Co. (ALICO) Building

P.O. Box 302

Bridgetown, Barbados

West Indies

Telephone: [246] 436-4950

Fax: [246] 429-5246

http://usembassy.state.gov/posts/bb1/wwwhmain.html

 

Embassy of Barbados at Washington D.C.

2144 Wyoming Avenue N.W.

Washington D.C. 20008

Telephone: (202) 939-9200

Fax: (202) 332-7467

 

BARBADOS - HOLIDAYS

BARBADOS – LEAVE

Annual Leave: Minimum three weeks of annual leave each year.

 

Maternity Leave: 12 weeks – 100% of pay (paid by social security).

 

BARBADOS - MINIMUM AGE

The legal minimum working age of 16 is broadly observed. Compulsory primary and secondary education policies reinforce minimum age requirements.

 

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

 

BARBADOS - MINIMUM REMUNERATION

The law sets and the authorities establish minimum wages for specified categories of workers. Only two categories of workers have a formally regulated minimum wage--household domestics and shop assistants (entry level commercial workers).

 

Household domestics are entitled to a minimum wage of BDS$1.50 per hour (approximately $0.75), although in actual labor market conditions, the prevailing wage is triple that amount.

 

There are two age-related minimum wage categories for shop assistants. The adult minimum wage for shop assistants is BDS$4.25 per hour (approximately $2.13) and the juvenile minimum wage for shop assistants is BDS$3.25 per hour (approximately $1.62).

 

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

 

BARBADOS - REMUNERATION

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

 

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

Section 6 Worker Rights

 

a. The Right of Association

 

Workers freely exercise their right to form and belong to trade unions, and to strike. Approximately 30 percent of the labor force belong to trade unions. Overall union membership declined slightly during the years due to job losses in some industries. There are two major unions and several smaller ones, representing various sectors. The public service union, the National Union of Public Workers, is independent of any political party or the Government. Some officers of the largest union, the Barbados Workers' Union, are associated personally with the Democratic Labour Party. Most unions belong to the Congress of Trade Unions and Staff Associations.

 

The law accords full protection to trade unionists' personal and property rights. All private and public sector employees are permitted to strike, but essential workers may strike only under certain circumstances and after following prescribed procedures. The International Labor Organization (ILO) has criticized the Better Security Act of 1970, which provides that persons who break a contract are liable for 3 months' imprisonment, on the grounds that it could be invoked in the case of a strike. The ILO asked that it be amended; the Government has not taken any action to do so.

 

In July 2000, the nonunion Barbados Police Association supported the police in a labor action over unfulfilled promises of increased wages and increased allowances. As of year's end, the Government stated that complete reappraisals of civil service salary scales and the weight attached to various positions were still in process. The Government insists that the police should be included in this exercise and that they should not receive special treatment. In the interim, in keeping with promises made by the then-Attorney General, Parliament approved an allowance package for certain ranks of the police force.

 

Trade unions are free to form federations and are affiliated with a variety of regional and international labor organizations. The Caribbean Congress of Labor has its headquarters in Barbados.

 

b. The Right to Organize and Bargain Collectively

 

The law provides for the right to organize and bargain collectively. Normally, wages and working conditions are negotiated through the collective bargaining process, but in 1993 the Tripartite Prices and Incomes Policy Accord established a 2-year wage freeze. A revised (second) protocol contained provisions for negotiated increases in basic wages and increases based on productivity, which covered 1995-97. In 1998 the tripartite partners signed a third protocol covering 1998-2000, which was broadened to address the needs of workers with disabilities and to express support for international efforts against child labor.

 

Employers have no legal obligation to recognize unions under the Trade Union Act of 1964, but most do so when a significant percentage of their employees express a desire to be represented by a registered union. While there is no specific law that prohibits discrimination against union activity, the courts provide a method of redress for employees who allege wrongful dismissal. The courts commonly award monetary compensation but rarely order reemployment. New legislation that would address the union recognition process had been pending for approximately 3 years at year's end.

 

There are no manufacturing or special areas where collective bargaining rights are legally or administratively impaired. There are no export processing zones.

 

c. Prohibition of Forced or Compulsory Labor

 

The Constitution prohibits forced, compulsory, or bonded labor, including that by children, and there were no reports of its occurrence during the year.

 

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

 

The legal minimum working age of 16 is broadly observed. Compulsory primary and secondary education policies reinforce minimum age requirements. The Labor Department has a small cadre of labor inspectors who conduct spot investigations of enterprises and check records to verify compliance with the law. These inspectors may take legal action against an employer who is found to have underage workers. In October 2000, the Government ratified ILO Convention 182 on elimination of the worst forms of child labor.

 

The law prohibits forced or bonded labor by children, and there were no reports that it occurred.

 

e. Acceptable Conditions of Work

 

The law sets and the authorities establish minimum wages for specified categories of workers. Only two categories of workers have a formally regulated minimum wage--household domestics and shop assistants (entry level commercial workers). Household domestics are entitled to a minimum wage of $0.75 (BDS$1.50) per hour, although in actual labor market conditions, the prevailing wage is triple that amount. There are two age-related minimum wage categories for shop assistants. The adult minimum wage for shop assistants is $2.13 (BDS$4.25) per hour and the juvenile minimum wage for shop assistants is $1.62 (BDS$3.25) per hour. The minimum wage for shop assistants is marginally sufficient to provide a decent standard of living for a worker and family; most employees earn more. Some persons also receive remittances from relatives abroad or operate cottage industries to supplement their income.

 

The standard legal workweek is 40 hours in 5 days, and the law requires overtime payment for hours worked in excess. The Government accepts ILO conventions, standards, and other sectoral conventions regarding maximum hours of work. However, there is no general legislation that covers all occupations. Employers must provide a minimum of 3 weeks annual leave. Unemployment benefits and national insurance (social security) cover all workers. A comprehensive, government-sponsored health program offers subsidized treatment and medication.

 

The Factories Act of 1983 sets the officially recognized occupational safety and health standards. The Labor Department enforces health and safety standards and follows up to ensure that management corrects problems cited. The Factories Act also requires that in certain sectors firms employing more than 50 workers create a safety committee. This committee can challenge the decisions of management concerning the occupational safety and health environment. Trade union monitors identify safety problems for government factory inspectors to ensure the enforcement of safety and health regulations and effective correction by management. The Barbados Workers Union accused government-operated corporations in particular of doing a "poor job" in health and safety. The Government has pledged to undertake inspections of government-operated corporations and manufacturing plants, and the Labor Department's Inspections Unit conducted several routine annual inspections of such corporations. Workers have a limited right to rem ove themselves from dangerous or hazardous job situations without jeopardizing their continued employment.

 

f. Trafficking in Persons

 

There are no laws specifically addressing trafficking in persons. There were no reports that persons were trafficked to, from, or within the country.

 

BARBADOS - STANDARD WORKWEEK

The standard legal workweek is 40 hours in 5 days. The law requires overtime payment for hours worked in excess of 40 hours per week.

 

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