St Kitts & Nevis - Compensation & Benefit Legislation
CAPITAL
Basseterre
CLIMATE
Tropical climate tempered by constant sea breezes; little seasonal temperature variation; rainy season from May to November.
LANGUAGES
English.
LEGAL SYSTEM
St. Kitts and Nevis’ legal system is based on English common law.
CURRENCY
East Caribbean Dollar (1 USD = 2.67000 XCD as of May 15, 2002).
ST KITTS & NEVIS - COST-OF-LIVING
ERI's Relocation Assessor is a recommended source for cost-of-living data.
ST KITTS & NEVIS - EMBASSY/CONSULATES
The United States does not have an embassy in Saint Kitts and Nevis. The U.S. Ambassador in Barbados is accredited to Saint Kitts and Nevis.
U.S. Embassy at Bridgetown (Barbados)
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/
Embassy of Saint Kitts and Nevis at Washington D.C.
3216 New Mexico, N.W.
Washington D.C. 20016
Telephone: (202) 686-2636
Fax: (202) 686-5740
Email: info@stkittsnevis.org
ST KITTS & NEVIS - HOLIDAYS
New Year's Day (January 1)
Carnival Day (January 2)
Good Friday
Easter
Easter Monday
May Day (1st Monday in May)
Whit Monday
Queen's Birthday (2nd Saturday in June)
August Monday (1st Monday in August)
Independence Day (September 19)
Christmas (December 25)
Boxing Day December 26)
ST KITTS AND NEVIS – LEAVE
Annual Leave: Minimum 14 days per year.
ST KITTS & NEVIS - MINIMUM AGE
Child labor is addressed in the Employment of Women, Young Persons, and Children Act, as well as the 1966 Employment of Children Ordinance. The Ordinance outlaws slavery, servitude, and forced labor, and prescribes the minimum legal working age as 12 years. Compulsory education mandated until the age of 16 effectively rules out steady employment before that age.
(Section 6.d. Acceptable Conditions of Work, Saint Kitts and Nevis – Report of Human Rights Practices, 2001, U.S. Department of State.)
ST KITTS & NEVIS - MINIMUM REMUNERATION
Minimum wage rates for various categories of workers, such as domestic servants, retail employees, casino workers, and skilled workers, were last updated in 1994, and manufacturing sector wages were revised in 1996. The average wage varies from EC$180 per week (approximately $67.42)for full-time domestic workers to EC$443.50 per week ($166.10) for skilled workers.
(Section 6.e. Acceptable Conditions of Work, Saint Kitts and Nevis – Report of Human Rights Practices, 2001, U.S. Department of State.)
ST KITTS & NEVIS - REMUNERATION
ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.
ST KITTS & NEVIS - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for the right of all workers to form and belong to trade unions. The law permits the police, civil service, and other organizations to organize associations that serve as unions. The major labor union, the St. Kitts Trades and Labour Union, is associated closely with the St. Kitts and Nevis Labour Party and is active in all sectors of the economy. In 2000 a teachers' union, a union representing dockworkers in the capital city, and two taxi drivers' associations were formed. However, during the year, the dockworkers union ceased to function due to lack of membership support and the lack of an active collective bargaining agreement.
The right to strike, while not specified by law, is well established and respected in practice. Restrictions on striking by workers who provide essential services, such as the police and civil servants, are enforced by established practice and custom, but not by law. There were no major strikes during the year.
Unions are free to form federations or confederations and to affiliate with international organizations. The islands' unions maintain a variety of international ties.
b. The Right to Organize and Bargain Collectively
Labor unions are free to organize and to negotiate for better wages and benefits for union members. The law prohibits antiunion discrimination but does not require employers found guilty of such action to rehire employees who were fired for union activities. However, the employer must pay lost wages and severance pay. There is no legislation governing the organization and representation of workers, and employers are not bound legally to recognize a union, but in practice employers do so if a majority of workers polled wish to organize. Collective bargaining takes place on a workplace-by-workplace basis, not industrywide. The Labor Commissioner and Labor Officers mediate disputes between labor and management on an ad hoc basis. However, in practice few disputes actually go to the Commissioner for resolution. If neither the Commissioner nor the Ministry of Labor is able to resolve the dispute, the law allows for a case to be brought before a civil court.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits slavery and forced labor, and they do not occur in practice. While neither the Constitution nor the law specifically address bonded labor, it has not been a problem in practice.
d. Status of Child Labor Practices and Minimum Age for Employment
Child labor is addressed in the Employment of Women, Young Persons, and Children Act, as well as the 1966 Employment of Children Ordinance. The Ordinance outlaws slavery, servitude, and forced labor, and prescribes the minimum legal working age as 12 years. Compulsory education mandated until the age of 16 effectively rules out steady employment before that age. The Labor Ministry relies heavily on school truancy officers and the community affairs division to monitor compliance, which they do generally effectively.
Agriculture, domestic service, and illicit activities are areas in which juveniles can find work. In rural families engaged in livestock farming and vegetable production, children often are required to assist as part of family efforts at subsistence. Girls often engage in domestic service. Such labor includes family-oriented work where children are made to look after younger siblings or ailing parents and grandparents at the expense of their schooling. Children often are engaged in other households as domestic servants or babysitters. There were no reported cases of child labor during the year, and no cases of child labor have ever been brought to the attention of the Department of Labor, which is empowered to investigate and address complaints of child labor.
On December 10, 2000, the Government ratified the International Labor Organization's Convention 182 on elimination of the worst forms of child labor. Child labor laws are to be reviewed under a program of labor legislation review and update that began in 1999 with the 1986 Protection of Employment Act.
Although the law does not specifically address bonded labor by children, it has not been a problem in practice (see Section 6.c.).
e. Acceptable Conditions of Work
Minimum wage rates for various categories of workers, such as domestic servants, retail employees, casino workers, and skilled workers, were last updated in 1994, and manufacturing sector wages were revised in 1996. The average wage varies from $67.42 (EC$180) per week for full-time domestic workers to $166.10 (EC$443.50) per week for skilled workers. These provide a barely adequate living for a wage earner and family; many workers supplement wages by keeping small animals such as goats and chickens. The Labor Commission undertakes regular wage inspections and special investigations when it receives complaints; it requires employers found in violation to pay back wages. Workers who are laid off for more than 12 weeks receive a lump sum payment from the Government based on previous earnings and length of service.
The law provides for a 40- to 44-hour workweek, but the common practice is 40 hours in 5 days. Although not required by law, workers receive at least one 24-hour rest period per week. The law provides that workers receive a minimum annual vacation of 14 working days. While there are no specific health and safety regulations, the Factories Law provides general health and safety guidance to Labor Ministry inspectors. The Labor Commission settles disputes over safety conditions. Workers have the right to report unsafe work environments without jeopardy to continued employment; inspectors then investigate such claims, and workers may leave such locations without jeopardy to their continued employment.
f. Trafficking in Persons
There are no laws that specifically address trafficking in persons.
An "economic citizenship" program allows foreign investors to purchase passports through loosely monitored procedures involving cash inflows ranging from $200,000 (EC$534,000) to $250,000 (EC$670,000), plus a registration fee of $35,000 (EC$93,500) for the head of household (amounts vary for other family members). This program reportedly has facilitated the illegal immigration of persons from China and other countries to North America where, in some instances, criminal organizations that provided the funds to such persons forced them to work under conditions similar to bonded labor until their debt was repaid.
ST KITTS & NEVIS - SOCIAL SECURITY
Social Security Office of International Programs:
http://www.ssa.gov/SSA_Home.html
ST KITTS & NEVIS - STANDARD WORKWEEK
The law provides for a 40- to 44-hour workweek, but the common practice is 40 hours in 5 days. Although not required by law, workers receive at least one 24-hour rest period per week.
(Section 6.e. Acceptable Conditions of Work, Saint Kitts and Nevis – Report of Human Rights Practices, 2001, U.S. Department of State.)