The Wages Regulations 2024 (Industrial Workers Order)

Every organisation must have a system of rules, practices and processes which direct and control its operations. This is referred to as corporate governance. Organisations with good corporate governance have done well at establishing and implementing practices which create a balance between the interest of the company and its employees and stakeholders.

One element of good corporate governance is operating within the ambit of the laws of the State in which the organisation operates. It means that management and directors must be in the know concerning local laws and are prepared to align their practices to them.

Welcome back to our series that examine the Saint Vincent and the Grenadines Protection of Employment Act 2003 and the Wages Regulations 2024. Today, we turn our attention to the Industrial Workers Order. The order classifies an industrial worker as anyone who is employed in mines, quarries, and other work for the extraction of mineral from the earth.

Industries in which articles are manufactured for sale.

Cleaned or repaired ornamented, finished, adapted for sale, broken up, demolished or in which materials are transformed, including shipbuilding and generation, transformation and transmission of electricity and motor power of any kind.

Bakeries, Agro-food processing plants; Food processing factories including fish or seafood processing. Construction, reconstruction, maintenance, repair alteration or demolition of any building, harbour, dock, pier, inland waterway, roadway, road, tunnel, bridge, viaduct, sewer, drain, well, telegraphic or telephone installation, electrical undertaking, waterworks, or other works or types of construction which include work preparatory to such works or construction. Transport of passengers or goods by land, air, or sea. Medical substances and supplies manufactured for sale.”

Simply put, if you are employed in a company that is involved in any area listed above, you are an industrial employee. Under the regulations, there are several basic requirements that are expected of employers in industrial businesses, these include ensuring that there are occupational safety and health measures in place to protect employees and stakeholders. Provide employees with sanitary facilities.

Provide employees who work in hazardous conditions with protective gears at cost to the employers.

Provide employees with access to potable water at all times. Ensure that employees are allowed regular breaks and suitable shaded areas for who are directly exposed to high temperature. Ensure that night workers are assessed by a qualified medical practitioner at the employers’ expense to determine the effect of night work on employees’ health.

Additionally, employers must keep personnel records of each worker and where practical, conduct biannual performance assessment of their workers. Employees must be given a copy of their payslip that itemise deductions. They must be issued a condition of employment contract within seven days of employment that outlines wages, vacation and sick leave entitlement. The hours of work of an industrial worker shall be eight hours per day, inclusive of one hour for lunch. The hours may be scheduled over a period of five days or five and half days, beginning on Monday morning and ending on Saturday noon.

An industrial worker who works in excess of eight regular hours is entitled to overtime pay at a rate of time and a half. An industrial worker who works on a Sunday or Public Holiday, is entitled to overtime at double time rate.

An industrial worker is entitled to vacation leave with pay as follows: 8 days after working 100 to 125 days. 10 working days after working 126 to 150 days. 12 working days after working 151 to 175 days. 14 working days after working 176 to 200 days. 16 working days after working 201 days up to 4 years. 21 working days after working 5 years and over. If the service of an industrial worker is terminated during the second or subsequent year of employment, the employer shall pay the industrial worker for the portion of vacation accrued up to the time of termination.

An industrial worker who works intermittently for a minimum of 130 days per year shall be entitled to 14 calendar days’ sick leave per year with pay. An industrial worker who works full time is entitled to seven days with pay after six months, and 14 days with pay after one year. This sick leave includes certified and uncertified sick days. An industrial worker who received surgical care, therapeutic care or is otherwise requested to be confined for medical purpose by a certified medical practitioner is entitled to a maximum of 30 calendar days’ sick leave.

We all have an obligation to be good corporate citizens and operate within the ambit of the law. Most employees whose performance is managed properly will not abuse their provision entitlement and for those who do, there are appropriate disciplinary actions that should be taken. Having employees that abuse their privilege is not reason to infringe on their rights.

Source: Saint Vincent and the Grenadines Statutory Rules and Orders 2024, Wages Regulation (Industrial Workers) Order 2024.

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