Employment Act of The Bahamas

The Employment Act establishes the rights and obligations of employers and employees in The Bahamas, specifically related to hours of work, overtime, leave, redundancy payments, notice of termination, summary and unfair dismissal, child labor, and wages. This Act prohibits workplace discrimination on the basis of sex, among other criteria, and requires employers to provide equal pay for substantially similar work. Under Sections 17 and 18, every female employee who delivers a physician-issued certificate of her actual or expected date of labor to her employer is entitled to maternity leave for a period of 12 weeks, which shall extend if the date of labor is later than that specified in the certificate, as described in Section 19. In order for a female employee who fails to produce such a certificate to qualify for maternity leave, she must produce other reasonable evidence of her entitlement to her employer and have worked under that employer for at least 12 months. In some cases, a mother may also have the right to receive a portion of their regular salary during maternity leave. The Act further provides that, from the moment an employer receives a medical certificate from a female employee, they cannot dismiss her or issue a notice of dismissal until her maternity leave expires, unless she materially violates or fails to fulfill her job obligations. Similarly, in accordance with Section 38, termination of employment on the basis of pregnancy or reasons related to pregnancy constitutes unfair dismissal, for which an employer is subject to a fine and, in some cases, the payment of the employee’s back wages from the date of her dismissal. Sections 43 through 45 describe other remedies available to unfairly dismissed workers, such as reinstatement and compensation. Sections 50 through 59 restrict the employment of children and young persons and establish penalties for employers who fail to comply. 

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Year

  • 2017

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Jurisdiction