The Ministry of Border Control and Employment is inviting public feedback on the proposed changes in a new Employment Bill which seeks to address longstanding issues that affect employees and employers in the Turks and Caicos Islands.
More specifically, the Employment Ordinance has been subject to a number of criticisms by the courts and there is a need to bring the law into conformity with accurate legal principle. The Ordinance is also out of sync with several important legal developments in employment law and in some instances, inaccurately frame employment law concepts, such as established concepts on dismissal and discrimination. Likewise, there are several contradictions, inconsistencies, repetitions and uncertainties in the current Employment Ordinance.
In addition to correcting these deficiencies, the Employment Bill aims to
- consolidate the existing Orders on wages, hours of work, vacation and redundancy, bringing them in the main body of the Ordinance for convenience and clarity.
- transfer jurisdiction as appropriate for certain specific offences, from that of the Magistrate‘s Court, to the specialist functions residing in the Tribunal, and in a limited sense, the Commissioner of Labour, in order to make the system more efficient. In the latter, a right of appeal for the Commissioner‘s decisions will be provided.
- make fresh provision for the regulation of terms of employment, the remuneration of employees, the termination of employment, the hours of work of employees and the resolution of employment disputes.
It includes provisions for important concepts such as layoff, continues the Labour Tribunal which was established under the 2004 Employment Ordinance and suggests a number of changes to the functions of the Labour Commissioner and inspectors.
Given the high number of amendments that were necessary, it is proposed to enact a comprehensive replacement of the existing Ordinance in the form of a new Employment Ordinance, incorporating a number of new provisions into existing law, as enhanced and updating the language of the legislation generally.
Consultation Period – May 18 to June 12, 2015
Ways to respond
- By email to:
This email address is being protected from spambots. You need JavaScript enabled to view it.
- In writing (hard copies) to:
Employment Bill Consultation
Ministry of Border Control and Employment
Three Degrees Office Complex,
Grand Turk
Turks and Caicos Islands
Or
The Labour Commissioner
Employment Services Department
Sam’s Building
Providenciales
District Commissioner’s Office on the Islands of North, Middle and South Caicos and Salt Cay
- Online Survey at the following link
https://surveyplanet.com/5553d08952d3f8c97b168161
- Face to face engagements with stakeholder groups. Please submit requests via the email address provided above to make appointments.
Source documents are accessible on the Turks and Caicos Islands Government website at web address www.gov.tc