CHAPTER 362 WAGES COUNCILS 1955-41 This Act came into operation on 14th October, 1955. Amended by: 1961-5 1965-58 1966-15 1969-61 1972-2 1967/168 Law Revision Orders The following Law Revision Order or Orders authorized the insertion and removal of pages as the case may be under the Law Revision Act Cap.2 now repealed: 1978 Guide to symbols in historical notes: - indicates an amendment made by an Act / indicates an amendment made by statutory instrument LAWS OF BARBADOS CUMULATIVE EDITION 2008 Printed by the Government Printer, Bay Street, St. Michael, by authority of the Government of Barbados
CHAPTER 362 : WAGES COUNCILS
Oct 24, 2022
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Wages CouncilsAmended by:
1961-5 1965-58
1966-15 1969-61
1972-2 1967/168
Law Revision Orders
The following Law Revision Order or Orders authorized the insertion and removal of pages as the case may be under the Law Revision Act Cap.2 now repealed:
1978
Guide to symbols in historical notes: - indicates an amendment made by an Act / indicates an amendment made by statutory instrument
LAWS OF BARBADOS CUMULATIVE EDITION 2008
Printed by the Government Printer, Bay Street, St. Michael, by authority of the Government of Barbados
CHAPTER 362
Power of Minister to establish wages councils
Applications for wages council orders and reference to commission of enquiry
Reference to commission of enquiry without application for wages council order
Proceedings on references to commission of enquiry
Making of wages council order
Variation and revocation of wages council order
General provisions as to wages councils
1.
2.
3.
4.
5.
6.
7.
8.
9.
Supplement to Official Gazette No. dated ,
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
General provisions as to commission of enquiry
PART III
Wage regulation orders
Permits in respect of infirm and incapacitated persons
Computation of remuneration
Records and notices
Criminal liability of agent and superior employer, and special defence open to employer
Powers of Labour Officers
Penalty for false entries in records, producing false records or giving false in-formation
Offence to disclose information, etc., given before wages council
Prosecution to be instituted within one year of offence
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
4 WAGES COUNCILS
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
PART IV
SECOND SCHEDULE
23.
24.
WAGES COUNCILS 5
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
BARBADOS
An Act to provide for the establishment of Wages Councils.
[Commencement: 14th October, 1955]
This Act may be cited as the Wages Councils Act.
PART I
For the purposes of this Act—
“Chief Labour Officer” includes any person authorised in writing by the Chief Labour Officer to act on his behalf;
“Minister” means the Minister responsible for Labour;
“outworker” means a person to whom articles or materials are given out to be made up, washed, altered, ornamented, finished or repaired or adapted for
1.
2.
WAGES COUNCILS 7
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
sale in his own home or on other premises not under the control or management of the person who gave out the materials or articles;
“superannuation schemes” means any enactment, rule, deed or other instrument providing for the payment of annuities or lump sums to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise, whether with or without any further or other benefits;
“thrift scheme” means any arrangement for savings, for providing money for holidays or for other purposes, under which a worker is entitled to receive in cash sums equal to or greater than the aggregate of any sums deducted from his remuneration or paid by him for the purposes of the scheme;
“wages council” and “commission of enquiry” mean respectively a wages council and a commission of enquiry established or set up under this Act;
“worker” means any person who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour, except that it does not include any person who is employed casually and otherwise than for the purpose of the employer’s business.
[1972-2]
8 WAGES COUNCILS
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
PART II
Power of Minister to establish wages councils
Subject to this Part, the Minister may by order establish a wages council to perform, in relation to the workers described in the order and their employers, the functions specified in this Act.
An order establishing a wages council (hereafter in this Act referred to as a wages council order) may be made by the Minister either—
where if he is of opinion that no adequate machinery exists for the effective regulation of the remuneration of the workers described in the order and that, having regard to the remuneration existing amongst those workers or any of them, it is expedient that such a council should be established; or
in the circumstances hereinafter specified in pursuance of a wages council recommendation made in accordance with the subsequent provisions of this Part.
Applications for wages council orders and reference to commission of enquiry
An application for the establishment of a wages council with respect to any workers and their employers may be made to the Minister either—
by a joint industrial council, conciliation board or other similar body constituted by organisations representative respectively of those workers and their employers; or
jointly by any organisation of workers and any organisation of employers which claim to be organisations that habitually take part in the settlement of remuneration and conditions of employment for those workers,
3.(1)
(2)
(a)
(b)
4.(1)
(a)
(b)
WAGES COUNCILS 9
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
on the ground, in either case, that the existing machinery for the settlement of remuneration and conditions of employment for those workers is likely to cease to exist or be adequate for that purpose.
Subject to this subsection and subsection (3), where such an application as aforesaid is made to the Minister, the Minister shall—
if he is satisfied, in the case of an application under paragraph (b) of subsection (1), that the claim of the organisations habitually to take part in the settlement of remuneration and conditions of employment for those workers is well founded and, in any case that there are sufficient grounds to justify the reference of the application to a commission of enquiry, refer the application to such a commission to enquire into and report on the application;
if he is not so satisfied, notify the applicants to that effect, in which case no further steps shall be taken on the application unless and until he is so satisfied by fresh facts brought to his notice:
Provided that before taking either of the said courses the Minister may require the applicants to furnish such information, if any, in relation to the application as he considers necessary.
Where, on considering an application under subsection (1), it appears to the Minister either—
that there is a joint industrial council, conciliation board or other similar body constituted by organisations of workers and organisations of employers, being a council, board or body which would or might be affected by the establishment of a wages council in pursuance of the application; or
that there are organisations of workers and organisations of employers representative respectively of workers other than workers to whom the application relates and their employers who would or might be affected by the establishment of a wages council as aforesaid,
(2)
(a)
(b)
(3)
(a)
(b)
10 WAGES COUNCILS
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
being a council, board or body or, as the case may be, organisations, which are parties to joint voluntary machinery for the settlement of remuneration and conditions of employment but are not parties to the application for a wages council, the Minister shall—
before deciding to refer the application to a commission of enquiry, give notice of the application to that council, board or body or, as the case may be, to those organisations;
consider any observations in writing which may be submitted to him by them within such period as he may direct, not being less than one month from the date of the notice; and
if he decides to refer the application to a commission of enquiry, transmit a copy of the observations to the commission.
Where, before an application is referred to a commission of enquiry, it is withdrawn by the applicants, no further proceedings shall be had thereon.
Reference to commission of enquiry without application for wages council order
Without prejudice to section (4), the Minister, if, in his opinion, no adequate machinery exists for the effective regulation of the remuneration of any workers or the existing machinery is likely to cease to exist or be adequate for that purpose and in either case a reasonable standard of remuneration amongst those workers will not be maintained, may, without any such application as is mentioned in that section, refer to a commission of enquiry the question whether a wages council should be established with respect to any of those workers and their employers.
Proceedings on references to commission of enquiry
Where the Minister makes a reference to a commission of enquiry under either section 4 or 5, it shall be the duty of the commission to consider not only the subject-matter of the reference but also any other question or matter which, in the opinion of the commission, is relevant thereto, and in particular to
(i)
(ii)
(iii)
(4)
5.
6.(1)
WAGES COUNCILS 11
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
consider whether there are any other workers (being workers who, in the opinion of the commission, are engaged in work which is complementary, subsidiary or closely allied to the work performed by the workers specified in the reference or any of them) whose position should be dealt with together with that of the workers, or some of the workers, so specified; and, in relation to any such reference to a commission of enquiry, any reference in this Part to the workers with whom the commission is concerned shall be construed as a reference to the workers so specified and any such other workers.
Where the commission is of opinion with respect to the workers with whom it is concerned or any of those workers whose position should, in the opinion of the commission, be separately dealt with—
that there exists machinery set up by agreement between organisations representing workers and employers respectively which is, or which can, by improvements which it is practicable to secure, be made adequate for regulating the remuneration and conditions of employment of those workers; and
that there is no reason to believe that that machinery is likely to cease to exist or be adequate for that purpose,
the commission shall report to the Minister accordingly and may include in its report any suggestions which it may think fit to make as to the improvement of that machinery.
Where any such suggestions are so included, the Minister shall take steps as appear to him to be expedient and practicable to ensure the improvements in question.
Where the commission is of opinion, with respect to the workers with whom it is concerned or any of those workers whose position should in the opinion of the commission be separately dealt with—
that machinery for regulating the remuneration and conditions of employment of those workers is not, and cannot by any improvements
(2)
(a)
(b)
(3)
(4)
(a)
12 WAGES COUNCILS
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
which it is practicable to secure be made, adequate for the purpose, or does not exist; or
that the existing machinery is likely to cease to exist or be adequate for that purpose,
and that, as a result, a reasonable standard of remuneration amongst those workers is not being or will not be maintained, the commission may make a report to the Minister embodying a recommendation (hereafter in this Act referred to as a wages council recommendation) for the establishment of a wages council in respect of those workers and their employers.
Where such a wages council recommendation is made, the Minister may, subject to this Part, make a wages council order giving effect to the recommendation.
In considering for the purposes of this section whether any machinery is, or is likely to remain, adequate for regulating the remuneration and conditions of employment of any workers, the commission shall consider not only what matters are capable of being dealt with by that machinery, but also to what extent those matters are covered by the agreements or awards arrived at or given thereunder and to what extent the practice is, or is likely to be, in accordance with those agreements or awards.
Making of wages council order
Before making a wages council order, whether in pursuance of a wages council recommendation or not, the Minister shall cause to be published, in such manner as he thinks fit, notice of his intention to make the order, specifying a place where copies of a draft thereof may be obtained and the time, which shall not be less than forty days from the publication, within which any objection made with respect to the draft order must be sent to him.
Every objection so made must be in writing and must state—
the specific grounds of objection; and
the omissions, additions or modifications asked for;
(b)
(5)
(6)
7.(1)
(2)
(a)
(b)
WAGES COUNCILS 13
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
and the Minister shall consider any such objection made by or on behalf of any person appearing to him to be affected, being an objection sent to him within the time specified in the notice, but shall not be bound to consider any other objection.
Where there are no objections which the Minister is required by subsection (2) to consider, or after considering all such objections, the Minister is of the opinion that all those objections either—
in the case of an order to be made in pursuance of a wages council recommendation, were made to the commission of enquiry which made the recommendation and were expressly dealt with in the report embodying that recommendation; or
in any case, will be met by modifications which he proposes to make under this subsection, or are frivolous,
he may make the order either in the terms of the draft order or subject to such modifications, if any, as he thinks fit, being modifications which, in his opinion, do not affect important alterations in the character of the draft order as published.
Where the Minister does not proceed under subsection (3), he may, if he thinks fit, either—
amend the draft order, in which case all the provisions of this section shall have effect in relation to the amended draft order as they have effect in relation to an original draft order; or
refer the draft order to a commission of enquiry for enquiry and report, in which case the Minister shall consider the report of the commission of enquiry and may then, if he thinks fit, make an order either in the terms of the draft or with such modifications as he thinks fit.
Where the Minister makes a wages council order, he shall cause the same to be published in such manner as he thinks fit, and the order shall come into operation on the date on which it is so published or on such later date as is specified therein.
(3)
(a)
(b)
(4)
(a)
(b)
(5)
14 WAGES COUNCILS
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
Variation and revocation of wages council order
The Minister may at any time by order abolish, or vary the field of operation of a wages council, and the provisions of section 7 shall apply in relation to any such order as they apply in relation to wages council orders:
Provided that where the order directs that a wages council shall cease to operate in relation to any workers and that another wages council shall operate in relation to them, but save as aforesaid, does not affect the field of operation of any wages council, then in any such case—
the provisions of section 7 shall not apply; but
before making the order, the Minister shall consult the councils concerned; and
when the order is made, the Minister shall publish it in such manner as he thinks fit, and it shall come into operation on the date on which it is so published or on such later date as is specified therein.
Without prejudice to the generality of subsection (1), an application for the abolition of a wages council may be made to the Minister jointly by organisations of workers and organisations of employers which represent respectively substantial proportions of the workers and employers with respect to whom that council operates, on the ground that those organisations jointly provide machinery which is, and is likely to remain, adequate for the effective regulation of remuneration and conditions of employment for those workers, and where such an application is made, the Minister shall either make an order giving effect to the application or refer the application to a commission of enquiry to enquire into and report thereon; and where an application is so referred to such a commission, section 7 shall, in relation to an order made in pursuance of a recommendation of that commission, have effect as if any reference in that section to a wages council recommendation included a reference to the recommendation aforesaid.
8.(1)
(i)
(ii)
(iii)
(2)
WAGES COUNCILS 15
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
Where an order of the Minister directs that a wages council shall cease to operate in relation to any workers and that another wages council shall operate in relation to them, the order may provide that anything done by, or to give effect to any proposals made by, the first-mentioned wages council shall have effect in relation to those workers as if it had been done by, or to give effect to proposals made by, the second-mentioned wages council, and may make such further provisions as appear to the Minister to be expedient in connection with the transition.
Where an order of the Minister under this section directs that a wages council shall be abolished or shall cease to operate in relation to any workers, then, save as is otherwise provided by the order, anything done by, or to give effect to proposals made by, the wages council shall, except as respects things previously done or omitted to be done, cease to have effect in relation to the workers in relation to whom the wages council ceases to operate.
In considering for the purposes of this section whether any machinery is, or is likely to remain, adequate for the effective regulation of the remuneration and conditions of employment of any workers, a commission of enquiry shall consider not only what matters are capable of being dealt with by that machinery, but also to what extent those matters…
1961-5 1965-58
1966-15 1969-61
1972-2 1967/168
Law Revision Orders
The following Law Revision Order or Orders authorized the insertion and removal of pages as the case may be under the Law Revision Act Cap.2 now repealed:
1978
Guide to symbols in historical notes: - indicates an amendment made by an Act / indicates an amendment made by statutory instrument
LAWS OF BARBADOS CUMULATIVE EDITION 2008
Printed by the Government Printer, Bay Street, St. Michael, by authority of the Government of Barbados
CHAPTER 362
Power of Minister to establish wages councils
Applications for wages council orders and reference to commission of enquiry
Reference to commission of enquiry without application for wages council order
Proceedings on references to commission of enquiry
Making of wages council order
Variation and revocation of wages council order
General provisions as to wages councils
1.
2.
3.
4.
5.
6.
7.
8.
9.
Supplement to Official Gazette No. dated ,
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
General provisions as to commission of enquiry
PART III
Wage regulation orders
Permits in respect of infirm and incapacitated persons
Computation of remuneration
Records and notices
Criminal liability of agent and superior employer, and special defence open to employer
Powers of Labour Officers
Penalty for false entries in records, producing false records or giving false in-formation
Offence to disclose information, etc., given before wages council
Prosecution to be instituted within one year of offence
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
4 WAGES COUNCILS
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
PART IV
SECOND SCHEDULE
23.
24.
WAGES COUNCILS 5
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
BARBADOS
An Act to provide for the establishment of Wages Councils.
[Commencement: 14th October, 1955]
This Act may be cited as the Wages Councils Act.
PART I
For the purposes of this Act—
“Chief Labour Officer” includes any person authorised in writing by the Chief Labour Officer to act on his behalf;
“Minister” means the Minister responsible for Labour;
“outworker” means a person to whom articles or materials are given out to be made up, washed, altered, ornamented, finished or repaired or adapted for
1.
2.
WAGES COUNCILS 7
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
sale in his own home or on other premises not under the control or management of the person who gave out the materials or articles;
“superannuation schemes” means any enactment, rule, deed or other instrument providing for the payment of annuities or lump sums to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise, whether with or without any further or other benefits;
“thrift scheme” means any arrangement for savings, for providing money for holidays or for other purposes, under which a worker is entitled to receive in cash sums equal to or greater than the aggregate of any sums deducted from his remuneration or paid by him for the purposes of the scheme;
“wages council” and “commission of enquiry” mean respectively a wages council and a commission of enquiry established or set up under this Act;
“worker” means any person who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour, except that it does not include any person who is employed casually and otherwise than for the purpose of the employer’s business.
[1972-2]
8 WAGES COUNCILS
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
PART II
Power of Minister to establish wages councils
Subject to this Part, the Minister may by order establish a wages council to perform, in relation to the workers described in the order and their employers, the functions specified in this Act.
An order establishing a wages council (hereafter in this Act referred to as a wages council order) may be made by the Minister either—
where if he is of opinion that no adequate machinery exists for the effective regulation of the remuneration of the workers described in the order and that, having regard to the remuneration existing amongst those workers or any of them, it is expedient that such a council should be established; or
in the circumstances hereinafter specified in pursuance of a wages council recommendation made in accordance with the subsequent provisions of this Part.
Applications for wages council orders and reference to commission of enquiry
An application for the establishment of a wages council with respect to any workers and their employers may be made to the Minister either—
by a joint industrial council, conciliation board or other similar body constituted by organisations representative respectively of those workers and their employers; or
jointly by any organisation of workers and any organisation of employers which claim to be organisations that habitually take part in the settlement of remuneration and conditions of employment for those workers,
3.(1)
(2)
(a)
(b)
4.(1)
(a)
(b)
WAGES COUNCILS 9
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
on the ground, in either case, that the existing machinery for the settlement of remuneration and conditions of employment for those workers is likely to cease to exist or be adequate for that purpose.
Subject to this subsection and subsection (3), where such an application as aforesaid is made to the Minister, the Minister shall—
if he is satisfied, in the case of an application under paragraph (b) of subsection (1), that the claim of the organisations habitually to take part in the settlement of remuneration and conditions of employment for those workers is well founded and, in any case that there are sufficient grounds to justify the reference of the application to a commission of enquiry, refer the application to such a commission to enquire into and report on the application;
if he is not so satisfied, notify the applicants to that effect, in which case no further steps shall be taken on the application unless and until he is so satisfied by fresh facts brought to his notice:
Provided that before taking either of the said courses the Minister may require the applicants to furnish such information, if any, in relation to the application as he considers necessary.
Where, on considering an application under subsection (1), it appears to the Minister either—
that there is a joint industrial council, conciliation board or other similar body constituted by organisations of workers and organisations of employers, being a council, board or body which would or might be affected by the establishment of a wages council in pursuance of the application; or
that there are organisations of workers and organisations of employers representative respectively of workers other than workers to whom the application relates and their employers who would or might be affected by the establishment of a wages council as aforesaid,
(2)
(a)
(b)
(3)
(a)
(b)
10 WAGES COUNCILS
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
being a council, board or body or, as the case may be, organisations, which are parties to joint voluntary machinery for the settlement of remuneration and conditions of employment but are not parties to the application for a wages council, the Minister shall—
before deciding to refer the application to a commission of enquiry, give notice of the application to that council, board or body or, as the case may be, to those organisations;
consider any observations in writing which may be submitted to him by them within such period as he may direct, not being less than one month from the date of the notice; and
if he decides to refer the application to a commission of enquiry, transmit a copy of the observations to the commission.
Where, before an application is referred to a commission of enquiry, it is withdrawn by the applicants, no further proceedings shall be had thereon.
Reference to commission of enquiry without application for wages council order
Without prejudice to section (4), the Minister, if, in his opinion, no adequate machinery exists for the effective regulation of the remuneration of any workers or the existing machinery is likely to cease to exist or be adequate for that purpose and in either case a reasonable standard of remuneration amongst those workers will not be maintained, may, without any such application as is mentioned in that section, refer to a commission of enquiry the question whether a wages council should be established with respect to any of those workers and their employers.
Proceedings on references to commission of enquiry
Where the Minister makes a reference to a commission of enquiry under either section 4 or 5, it shall be the duty of the commission to consider not only the subject-matter of the reference but also any other question or matter which, in the opinion of the commission, is relevant thereto, and in particular to
(i)
(ii)
(iii)
(4)
5.
6.(1)
WAGES COUNCILS 11
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
consider whether there are any other workers (being workers who, in the opinion of the commission, are engaged in work which is complementary, subsidiary or closely allied to the work performed by the workers specified in the reference or any of them) whose position should be dealt with together with that of the workers, or some of the workers, so specified; and, in relation to any such reference to a commission of enquiry, any reference in this Part to the workers with whom the commission is concerned shall be construed as a reference to the workers so specified and any such other workers.
Where the commission is of opinion with respect to the workers with whom it is concerned or any of those workers whose position should, in the opinion of the commission, be separately dealt with—
that there exists machinery set up by agreement between organisations representing workers and employers respectively which is, or which can, by improvements which it is practicable to secure, be made adequate for regulating the remuneration and conditions of employment of those workers; and
that there is no reason to believe that that machinery is likely to cease to exist or be adequate for that purpose,
the commission shall report to the Minister accordingly and may include in its report any suggestions which it may think fit to make as to the improvement of that machinery.
Where any such suggestions are so included, the Minister shall take steps as appear to him to be expedient and practicable to ensure the improvements in question.
Where the commission is of opinion, with respect to the workers with whom it is concerned or any of those workers whose position should in the opinion of the commission be separately dealt with—
that machinery for regulating the remuneration and conditions of employment of those workers is not, and cannot by any improvements
(2)
(a)
(b)
(3)
(4)
(a)
12 WAGES COUNCILS
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
which it is practicable to secure be made, adequate for the purpose, or does not exist; or
that the existing machinery is likely to cease to exist or be adequate for that purpose,
and that, as a result, a reasonable standard of remuneration amongst those workers is not being or will not be maintained, the commission may make a report to the Minister embodying a recommendation (hereafter in this Act referred to as a wages council recommendation) for the establishment of a wages council in respect of those workers and their employers.
Where such a wages council recommendation is made, the Minister may, subject to this Part, make a wages council order giving effect to the recommendation.
In considering for the purposes of this section whether any machinery is, or is likely to remain, adequate for regulating the remuneration and conditions of employment of any workers, the commission shall consider not only what matters are capable of being dealt with by that machinery, but also to what extent those matters are covered by the agreements or awards arrived at or given thereunder and to what extent the practice is, or is likely to be, in accordance with those agreements or awards.
Making of wages council order
Before making a wages council order, whether in pursuance of a wages council recommendation or not, the Minister shall cause to be published, in such manner as he thinks fit, notice of his intention to make the order, specifying a place where copies of a draft thereof may be obtained and the time, which shall not be less than forty days from the publication, within which any objection made with respect to the draft order must be sent to him.
Every objection so made must be in writing and must state—
the specific grounds of objection; and
the omissions, additions or modifications asked for;
(b)
(5)
(6)
7.(1)
(2)
(a)
(b)
WAGES COUNCILS 13
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
and the Minister shall consider any such objection made by or on behalf of any person appearing to him to be affected, being an objection sent to him within the time specified in the notice, but shall not be bound to consider any other objection.
Where there are no objections which the Minister is required by subsection (2) to consider, or after considering all such objections, the Minister is of the opinion that all those objections either—
in the case of an order to be made in pursuance of a wages council recommendation, were made to the commission of enquiry which made the recommendation and were expressly dealt with in the report embodying that recommendation; or
in any case, will be met by modifications which he proposes to make under this subsection, or are frivolous,
he may make the order either in the terms of the draft order or subject to such modifications, if any, as he thinks fit, being modifications which, in his opinion, do not affect important alterations in the character of the draft order as published.
Where the Minister does not proceed under subsection (3), he may, if he thinks fit, either—
amend the draft order, in which case all the provisions of this section shall have effect in relation to the amended draft order as they have effect in relation to an original draft order; or
refer the draft order to a commission of enquiry for enquiry and report, in which case the Minister shall consider the report of the commission of enquiry and may then, if he thinks fit, make an order either in the terms of the draft or with such modifications as he thinks fit.
Where the Minister makes a wages council order, he shall cause the same to be published in such manner as he thinks fit, and the order shall come into operation on the date on which it is so published or on such later date as is specified therein.
(3)
(a)
(b)
(4)
(a)
(b)
(5)
14 WAGES COUNCILS
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
Variation and revocation of wages council order
The Minister may at any time by order abolish, or vary the field of operation of a wages council, and the provisions of section 7 shall apply in relation to any such order as they apply in relation to wages council orders:
Provided that where the order directs that a wages council shall cease to operate in relation to any workers and that another wages council shall operate in relation to them, but save as aforesaid, does not affect the field of operation of any wages council, then in any such case—
the provisions of section 7 shall not apply; but
before making the order, the Minister shall consult the councils concerned; and
when the order is made, the Minister shall publish it in such manner as he thinks fit, and it shall come into operation on the date on which it is so published or on such later date as is specified therein.
Without prejudice to the generality of subsection (1), an application for the abolition of a wages council may be made to the Minister jointly by organisations of workers and organisations of employers which represent respectively substantial proportions of the workers and employers with respect to whom that council operates, on the ground that those organisations jointly provide machinery which is, and is likely to remain, adequate for the effective regulation of remuneration and conditions of employment for those workers, and where such an application is made, the Minister shall either make an order giving effect to the application or refer the application to a commission of enquiry to enquire into and report thereon; and where an application is so referred to such a commission, section 7 shall, in relation to an order made in pursuance of a recommendation of that commission, have effect as if any reference in that section to a wages council recommendation included a reference to the recommendation aforesaid.
8.(1)
(i)
(ii)
(iii)
(2)
WAGES COUNCILS 15
THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
Where an order of the Minister directs that a wages council shall cease to operate in relation to any workers and that another wages council shall operate in relation to them, the order may provide that anything done by, or to give effect to any proposals made by, the first-mentioned wages council shall have effect in relation to those workers as if it had been done by, or to give effect to proposals made by, the second-mentioned wages council, and may make such further provisions as appear to the Minister to be expedient in connection with the transition.
Where an order of the Minister under this section directs that a wages council shall be abolished or shall cease to operate in relation to any workers, then, save as is otherwise provided by the order, anything done by, or to give effect to proposals made by, the wages council shall, except as respects things previously done or omitted to be done, cease to have effect in relation to the workers in relation to whom the wages council ceases to operate.
In considering for the purposes of this section whether any machinery is, or is likely to remain, adequate for the effective regulation of the remuneration and conditions of employment of any workers, a commission of enquiry shall consider not only what matters are capable of being dealt with by that machinery, but also to what extent those matters…
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