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SAINT VINCENT
GOVERNMENT GAZETTE
(EXTRAORDINARY.)
aiNblisthed b AuthrMitt,.
VOL. 841] SAINT VINCENT, THURSDAY, 15 MARCH, 1951. [No. 1.4.
GOVERNMENT NOTICE.
No. 127.
LEGISLATION.
The following Documents 'are published with this issue of the
Gazette:-
S.R. & O. No. 20.-The Department of Labour (Industrial Work-
ers) Order, 1951.
(L. 1/1951).
S.R. & O. No. 21.-The Department of Labour (Agricultural Work-
ers) Order, 1951.
(L. 2/1944).
By Command,
A. V. KING,
Acting Government Secretary.
Government Office,
15th March, 1951.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT
; Price 24 cents. I
3258. 729
S 1fs
SAINT VINCENT; ,
S'STATUTORY RULES:AND ORDE AUG 11 195
S- 1951, No. 20 "
DEPARTMENT OF LABOUR (INDUSTRIAL
S'ORDER,
(Gazetted 15tli March, 1951).
1.. Short title. This Order may be cited as the Department of Labour
(Industrial Workers) Order, 1951.
S2. Interpretation. In this Order, unless the context otherwise requires-
S"able-hodied-" means-not incapable by reason of- physical injury, mental
S deficiency or any infirmity due-to age or any other cause, of performing
the work of, a normally.efficient industrial worker;
industrial undertaking includes particularly industries in which articles
are manufactured, altered, cleaned- repaired, ornamented, finished,
adapted for sale, broken up or demolished, or in which materials are
transformed; including shipbuilding and the generation, transformation,
and transmission of electricity or motive power of any kind;
"industrial worker" means any person employed in an-. industrial
undertaking as defined in this. Order: Provided that this definition shall
hiot be applicable in cases of-contracts of service approved by -the Labour
Commissioner for periods of one month or more : Provided also that
this Order shall, for the time being, apply only to any unskilled workerp-
employed in or about 'any factory, engaged in the processing of
agricultural products, or in the preparation of local produce for shipment
or local sale on any produce'dealers.premises;
juvenile means any person, either inale or female, of fourteen years of age
and under eighteen, years, of age;
S "privilege includes any advantage, concession, perquisite' or' beneAt
Whatsoever (including free housing and' free pasturage) which .now is
: or may hereafter be conferred on, granted ,or mads to an industrial
worker as, condition of-or otherwise in connection with his employmelit
as' such.
3. Minimum rates for time-work. (1) The minimum rate of wages
to be paid to able-bodied industrial workers in the town of Kingstown and within
a- radius of twomiles thereof when --employed on time-work shall, subject as
h.ereinafter-provided, be-,
(a) not less than 760 per day to a man,
(b) not less than 60e per day to a woman,
for a day of eight hours' work.
7asj9A? -
*I** > --
50 .
(2) In all other areas the 'minimum rates of wages shall, subject as
hereinafter provided, be- r
(a) not less than 64<, per day to a man,
(b) not less than 48& per-day to a woman, ...
for a day of eight hours' work.
Frovi'ded that industrial workers under the age of 18 years and over the age of
14 years shall be paid not less than three-quarters cf the minimum rates payable
under this Order to able-bodie'd industrial workers."
S(3) Until such time- as the Governor in Council may otherwise order -there
shall be added to the rates of minimum 'wages mentioned in the preceding
subsections a bonus of twenty-five per centum of the same.
S(4) An industrial worker may if he desires, and if his employer consents, work
for.a lesser period than eight hours in which case the industrial worker shall be
paid therefore proportionately.
(5) For the purposes of this Order the expression hours of work or "hours"
shall not include recognized meal times, but shall include any time during which
-the work is suspended by the employer and the industrial worker who is working
at the time is ready and willing to_ continue working': Provided that any
industrial worker may, if he so desires and if his employer or the person working
on behalf of his employer consents, work during any meal time; and any time so
worked shall be reckoned as part of the eight hours of work and shall be paid
for accordingly.
/4. Minimum rates for overtime. (1) Whenever an industrial
worker employed on -time-work works, with the consent of his employer, for more
than eight hours, lheshall be paid therefore (except as is hereinafter provided) for
.every hour or part thereofa sum of not less than time and a quarter of the
normal rate of pay.
(2) Whenever an industrial worker employed on time-work works on Sunday,
Christmas Day,- Good Friday or the first Monday in August, he shall be paid
therefore for every hour or part thereof a sum of not less than time and a half of
the normal rate of pay.
S (3) Whenever an industrial worker employed on time-work works on Bank
Holidays other than those mentioned in the preceding subsection he shall be-paid
therefore for every hour or part thereof a sum of liot less than time and a quarter
of the normal rate of pay.
5. Minimum rates for piece-work. Where an industrial worker is
?employed on piece-work for which a special minimum piece-rate is not fixed the
employer shall be deemed to pay wages at less than the minimum rate unless he
shows that the piece-rate, would yield, for eight hours of work, to such industrial
worker not less than the minimum rate of wages prescribed in section 3 of, this
Order.
6. Conditions for employment of juveniles. When juveniles are
employed as industrial workers, a register of the juveniles employed and the.
dates on which they enter and leave the service of their employer shall be'kept by
their employer and 'shall at all times be open to inspection by the Labour
Commissioner or a police officer.
7. 7 Measurement of work. Industrial workers who do piece-work shall
be afforded by the employer an opportunity of being present when the work done
by them is being measured.
; -
8. Calculations. When on the date of payment the total wage payable/"
to an- industrial worker under this Order contains a fraction, of:-one ceht, the
same -shall -,b rounded upwards to there nearest cent and,- ayment- made
accordingly.. .
9. CGonditions, of employmrmnt -of persons, not able-bodied
S(1)- If on application in that-behalf, the Labour Ccmmjs ioner is satisfied that-
.any worker employed or desiring to be employed on time-work to whichWa minimum
rate fixed- under this Order is applicable, is not able-bodied, the" Labour
Commissioner shall grant to the worker a,5ermit' exenpting,'as from the date of
application or from any later date specified in the permit, the employment of the -
'workei from the.provisions of this Order requiring-wages to bP paid at'not less
than' the minimum rate, subject to such;.conditions as may be specified-in the"
permit, including, if the Labour Commissioner thinks fit, a. condition as to the
'wages to bhpaid to the worker; and while the pernlit has effect, an employer shall
not be liable to any legal proceedings undei this Order for. paying wages to the "
worker at a rate less than the minimum rate specified in section 8 of this Ordei or
agn- y amendment thereof, if the qonditicns specified in the perniit are-complied-
with,
(2, Where a permit granted in respect' of a worker under the immediately
preceding subsection cofitains'a condition for the payment of wages to the worker
at a rate not less than the rate therein specified, the amount of wages that'maybe
.recovered from an employer of'the worker pursuant to sectfn 7 of the Department
" of Labour-Ordinance, 1942, shall, as regards any period during which the permit
has effect, be calculated on the basis of the minimum, rate specified' in the permit.
10. Record of wages to be, kept. It shall be- the duty of every
employer in an occupation in respect of which- rates of wages have been
prescribed to keep such records of wages as are necessary in respect of persons in
his employment.
11. Payments to be in money. All payments of wages made
under the provisions of this Order shall be in money, and no reduction shall be
allowed in respect of any privilege'enjoyed by the industrial worker.
12. Onus of proof. On any prosecution of a 'person under the
Department of Labour Ordinance, 1942, br any Orders made thereunder, -the
burden of proving that any worker in respect of whom an offence under .the
Ordinance is alleged to hkve been committed is/not able-bodied shall lie on the
Person charged, and unless the .coritrary is shown it shall be assumed that such
worker at all materialtim'es was able-bodied.,
13. Offences. -Any person who by any act or omission contravenes or fails
to comply with any provision of this Order shall, unless a penalty ls otherwise
specifically provided, be liable on summary conviction to a fine not exceeding
Sforty-eight dollars, and in default of payment thereof to a period of imprisonment-
not exceeding three'm6nths.
14. Commencement.. This. Order shall come into operation on the. 19th
day of March, 1951.
-Made by the Governor in :Cuneil under section 5 (1i) of the Departmenrt of
Labour Ordinance, 1942, (No. 14 of 1942), this 13th day of M/arch, 1951.
*>- HENRY H. WILLIAMS,
SActingfClerk of Executive Council,
L. 1/1951).
PRINTING OFICBt,
[ .Price 16 .cnts. ]
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT
KINGSTOWN, ST. VINCENT.
S-1951.
- \
SAINT VINCENT. --
STATUTORY'RULES AND ORDERS,
1951, No. 21. 41 1951 1
DEPARTMENT OF LABOUR (AGRICULTUIAJL
WORKERS),;(AMENDMENT) ORDER. >, /
(Gazetted 15th March, 1951).
-1. Short title.- This Order may be cited as the Department of Labour
(Agricultural Workers) (Amendment) Order, 1951, and shall be read as one with
the Department of Labour (Agricultural Workers) Order, 1943, (S. R.-& O. 1943,
No. 18) (hereinafter referred to as the principal Order) and -all amendments
thereto.
2. Section 2 of principal Order amended. section 2 of the
principal Order ts hereby amended by deleting the definition "agricultural
worker" therein and substituting iherefor the following :-
agricultural worker includes any cartman, herdsman, rmuleteer, stockman
and any unskilled worker employed in Or about aq, estate : Provided
that this definition shall not .be applicable in. cMs of contracts of
service approved by the Labour Commissioner for periods of one month
or more; "
3. Section 3 of principal Order revoked and replaced. section
3 of the principal Order as amended by the Department of Labour (Agricultural
Workers) (Amendment No. 2) Order, 1945, (S. R. & O. 1945, No. 61) and the
Department of Labour (Agricultural Workers) (Amendment) Order, 1950, ex. R.
& O. 1950, No. 30) is hereby revoked and replaced as follows :-
"3. MINIMUM RATES FOR TIME.WORK. .. (1) The minimum rate of
wages to be paid to able-bodied agricultural workers when employed on
time-work shall, subject as hereinafter provided, be :-
(a) not less than 64 cents per day to a man,
(b) not less than 48 cents per day to a woman,
for a day of eight hours' work :
Provided that until such time as the Governor in Council may otherwise
order there shall'be added to the above rates of minimum wages a bonus of
twenty-five per centum of the same.
Provided also that agricultural workers under the age of 18'years and
over the age of 14 years shall be paid not less than three-quarters of the
minimum rates payable under this Order to able-bodied agricultural workers.
(2) An agricultural worker may if he so desires, and if his employer
consents, work for a lesser period than eight hours in .which case the
agricultural worker shall be paid therefore proportionately.
.L.* Kt
s^ry^~s C^sccp>-
54
(3) For the purposes of this Order the expression hours of work or
hours shall not include recognized .meal times, but shall include any time
during which the work is suspended by the employer and the -agricultural
worker who is working at the time is ready and willing to continue working :
Provided that any agricultural worker may, if he so desires and if his-
employer -or. the person working'on behalf of his employer consents, work
during:anyr meal-time; and any time so worked shall be reckoned as part of
the eight hours of work and shall be paid for accordingly."
4. Section 4-of principal Order revoked and replaced section
-4 of the principal Order as replaced by section 3. of the Department of Labour
(Agricultural Workers) (Amendment No. 2) Order, 1945, (S. R_& 0. 1945, No. 61)
is hereby revoked and replaced as follows;-
"4. MINIMUM RATES FOR OVERTIME. (1) Whenever an agricultural
worker employed on time-work, works with the consent of his employer, for
more than eight hours, he shall be paid therefore (except-as is hereinafter
provided) for every hour or part thereof a sum of not less than time and a
quarter of the normal rate of pay.
(2) Whenever-an agricultural worker employed on time-work, works on
Sunday, Christmas Day, .Go.d Friday or the first Monday ih August, he shall'
be.paid therefor.for every hour or part thereof a sum of not less than time
and a:half of the normal rate of pay.
(3) Whenever an agricultural worker employed on time-work, works on
Bn1:k Holid i.- other than those mentioned in subsection 2 df this section,
he shall be paid therefore for every hour or part thereof a sum of not less
than time and a quarter of the normal rate of pay."
5. .Section 5, of the principal Order revoked and replaced.
Section 5 of the principal Order as amended by section 3 of the Department of
Labour (Agricultural, Workers) (Amendment) Order,.1950, (S. R. & 0. 1950, No. 30)
is hereby revoked and replaced as follows :
5. MINIMUM. RATES FOR PIECE-WORK. (1) The minimum rate
of wages to be paid to'aunagricultural worker employed on piece-work for the
picking of cotton shall be one and, three-quarter cents per pound (no
deduction being made for moisture content).
(2) The minimum rate of wages to be paid to an agricultural worker
employed on piece-work for the digging of arrowroot shall be twenty cents
for a.basket measuring 28 inches' in diameter and 14 inches in depth.
(3) Where an agricultural worker is employed on piece-work for which
a special minimum piece-rate is not fixed, the employer shall be deemed to
pay,wages'at less than the minimum rate unless he shows that the piece-rate
-would yield, for eight hours of work,"to such agricultural worker not less
S than the minimum rate of'wages prescribed in section 3 of this Order."
6..:. gection'13 of the principal Order amended. Section 13 of the
principal Order is hereby .imenlc-ded by deleting the vordls ten pounds in the last
line thereof and substituting therefore the words forty-eight dollars ",
55
7. Revocation. The following Orders are hereby revoked :--
(a) the Department of Labour (Agricultural Workers) (Amendment i'o. 2)
Order, 1945, (S. R. & 0. 1945, No. 61);
Wb) the Department of Labour (Agricultural VWorkers) (Amendment) Order,
1950, (S. R. & 0. 1950, No. 30).
8. Commencement. *This Order shall come into force on the 19th day of
March,'1951.
Made by the Governor in Council uTder section 5 (1) of the Department of-
Labour Ordinance, (No. 14 of 1942). this 13th day of March, 1951.
HENRY H. WILLIAMS,
Acting Cleric of Executive Council.
(L. 2/1944).
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PrrITING OFFICE,
KINGSTOWN, ST. VINCENT.
Price 12 cents. j
1951.
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