Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012(i) process applications for work permits for approvalof the Governor acting on the advice of Cabinet andin the case of renewals to the Minister;(j) establish and maintain the labour marketinformation system;(k) prepare an annual report on the work of the LabourDepartment not later than 30 th April following theyear in review; and(l) prepare reports on the application of Conventions ofthe International Labour Organization that havebeen extended to Montserrat.(2) The annual report published by the LabourCommissioner shall include but not limited to thefollowing—(a) statistics of jobs provided through the LabourDepartment’s job placement services;(b) statistics of work permits granted;(c) statistics of inspection visits;(d) statistics of disputes;(e) statistics of violations;(f) statistics of workplace accidents;(g) statistics of occupational diseases; and(h) any other information that the Minister may require.(3) The annual report of the Labour Commissioner shall besubmitted to the Minister who shall submit it to theLegislative Assembly at its next sitting.8. Powers of Labour Commissioner(1) The Labour Commissioner may—(a) interview alone or in the presence of witnesses, theemployer or any person in or at a workplace on anymatter concerning the application of the Code;(b) enforce the posting of notices as required by law;16
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(c) require the production of any records, books,registers or other documents, the keeping of whichis required by any law relating to conditions ofemployment, in order to ensure that the Code isbeing respected, and copy the documents or makeextracts of them;(d) require from any employer, information as to thenumber of employees and the wages, hours andconditions of employment of the employees orreturns consisting of that information;(e) may serve an improvement order in writing on anemployer where the Labour Commissioner is of theopinion that the safety and health of any employeeis at risk;(f) issue a written warning to an employer requiringhim or her to remedy any contravention of thisCode identified during an inspection, within a statedtime which is reasonable in the circumstances.(g) with the consent of the employer—(i) enter during working hours any workplaceliable to inspection;(ii) carry out any examination, test or enquirywhich he or she considers necessary in order toensure observance of the Code;(iii) take or remove from any workplace forpurposes of analysis, samples of materials orsubstances used or handled, subject to theemployer or employer’s representative beingnotified at the time of such taking or removalof any such samples of materials or substances;or(iv) take photographs and video recording of anyworkplace.(2) If the Labour Commissioner has reason to believe that acontravention of the Code has occurred or is about tooccur at a workplace, the Labour Commissioner may17
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Labour Code 2012 - Government of Montserrat

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