AN ACT to amend the law relating to the minimum agefor admission to employment in Trinidad and Tobago

[Assented to 26th February, 2007]

ENACTED by the Parliament of Trinidad and Tobago asfollows:—

1. This Act may be cited as the MiscellaneousProvisions (Minimum Age for Admission toEmployment) Act, 2007.

Short title

Enactment

Fifth Session Eighth Parliament Republic of Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 3 of 2007

[L.S.]

Legal Supplement Part A to the Trinidad and Tobago Gazette’’, Vol. 46,No. 35, 1st March, 2007

2. (1) Subject to this Act, a person under the age ofsixteen shall not be admitted to employment.

(2) Subsection (1) applies for the purposes of anyrule of law and in the absence of a definition or of anyindication of a contrary intention for the construction of“child”, “young person” and similar expressions in anyother—

(a) written law whether passed or made before,on or after the date on which this Act comesinto operation; and

(b) instrument of whatever nature, not being astatutory instrument, made on or after thatdate.

3. The Factories Ordinance is amended in section 3 inthe definition of the terms “child” and “young person”, bydeleting the word “fourteen” and substituting the word“sixteen”.

4. The Children Act is amended—(a) in section 2, by inserting in appropriate

alphabetical sequence, the followingdefinitions:

“ “Court” means the IndustrialCourt established under theIndustrial Relations Act;

“inspector” means a persondesignated as such undersection 92A;”;

(b) by deleting section 91 and substituting thefollowing section:

91. (1) A child under the ageof sixteen years shall not beemployed or work in any publicor private undertaking, or inany branch thereof, other thanan undertaking in which only

Ch. 30 No. 2amended

Establishment ofminimum age foradmission toemployment

Chap. 46:01amended

“Restrictionsonemploymentof a childunder the ageof sixteenyears

Chap. 88:01

14 No. 3 Miscellaneous Provisions (Minimum Age for 2007Admission to Employment)

members of his family areemployed; and any person whoemploys any such child or permitshim to work in contravention ofthis section is guilty of an offence.

(2) This section shall notapply to work done by—

(a) a child and young personin schools for general,vocational or technicaleducation or in othertraining institutions; or

(b) a child at least fourteenyears of age in undertak-ings, provided that the workis carried out in accordancewith conditions prescribedby the Minister withresponsibility for educa-tion, after consultationwith the organizations ofemployers and workersconcerned and the work isan integral part of—

(i) a course of educa-tion or trainingfor which a schoolor training insti-tution is primarilyresponsible;

(ii) a programme oftraining mainlyor entirely in anundertaking, whichprogramme hasbeen approved bythe Minister withresponsibility foreducation; or

No. 3 Miscellaneous Provisions (Minimum Age for 2007 15Admission to Employment)

(iii) a programmeof guidance oro r i e n t a t i o nd e s i g n e d t ofacilitate the choiceof an occupationor of a line oftraining.”;

(3) In this section “family”means parents, brothers, sistersand other lineal antecedents anddescendants.

(c) by deleting section 92 and substituting thefollowing sections:

92. (1) All employers shallkeep and maintain a register ofevery person under the age ofeighteen years employed by them,as well as the name, address, anddate of birth of every such person.

(2) The register shall onrequest by an inspector of theMinistry with responsibility forlabour be produced for inspectionat any reasonable hour of anyworking day.

(3) An employer who fails tocomply with this section is liable,on summary conviction, to a fineof two thousand five hundreddollars and to imprisonment forsix months.

92A. (1) The Minister to whomresponsibility for labour isassigned may designate in writinga suitably qualified public officeras an inspector in his Ministry.

“Employersto keepregister ofpersonsunder the ageof eighteenyears

Inspectors

16 No. 3 Miscellaneous Provisions (Minimum Age for 2007Admission to Employment)

(2) Subject to section 92Ban inspector shall have theauthority to require a parent orguardian or an employer or anyother person authorized by anemployer, except a personengaged in a confidential andprofessional relationship withthat employer—

(a) to give him informationwith respect to remunera-tion paid to, and the termsand conditions of serviceenjoyed by, a person underthe age of eighteen yearsin the service of thatemployer; and

(b) to permit him to inspectany record, pay sheet orcertificate or representa-tion of age relating to aperson under the age ofeighteen years.

92B. (1) An inspector may at areasonable time and with thepermission of the owner oroccupier of any premises, enterthe premises where a personunder the age of eighteen years isemployed or where there is anybook, record or other documentrelating to a person under theage of eighteen years whichmay afford evidence as to thecontravention of any provision ofthis Act and—

(a) if necessary, with thea s s i s t a n c e o f a n yp e r s o n , s e a r c h t h e

Powers ofentry

No. 3 Miscellaneous Provisions (Minimum Age for 2007 17Admission to Employment)

premises for any book,record, certificate orrepresentation of age orother document; and

(b) examine such book,record, certificate or otherdocument.

(2) Where during thecourse of the examination undersubsection (1), it appears to theinspector that there has been acontravention of this Act, hemay—

(a) require the parent,guardian, employer, orany other person in theservice of that employer togive him all reasonableassistance with, and toanswer all questions relat-ing to, the examination; or

(b) seize and take away anybook, record or other docu-ment, relating to a personunder the age of eighteenyears and retain themuntil they are requiredto be produced in anyproceeding; but wheresuch book, record or otherdocument is necessaryfor the continued opera-tions of the business, anemployer shall be allowedreasonable access to them.

18 No. 3 Miscellaneous Provisions (Minimum Age for 2007Admission to Employment)

(3) An inspector shall notdemand entry to any premisesunder subsection (1) except on thewarrant of a Court.

(4) Where it is shown tothe satisfaction of a Judge, onsworn information in writing, thatadmission to premises has beenrefused or withheld and that thereis reasonable ground for entryinto the premises for any purposestated in subsection (1), the Judgemay, subject to subsection (5),by warrant under his hand,authorize entry on the premises.

(5) A Judge shall not issuea warrant under subsection (4)unless he is satisfied either thatwritten notice of the intention toapply for a warrant has beengiven to the occupier; or that thegiving of such notice would defeatthe object of the entry.

(6) Where an inspectorenters any premises by virtue ofthis section he may take withhim any other person as may benecessary to effect the purpose ofhis entry.

(7) A warrant issued underthis section shall continue in forcefor such reasonable time as maybe necessary to effect the purposefor which it was issued.

No. 3 Miscellaneous Provisions (Minimum Age for 2007 19Admission to Employment)

(8) A person who obstructsany person doing anything thathe is authorized to do under thissection or any person who, unlesshe is unable to do so, fails orrefuses to do anything which he isrequired under this section to do,commits a contempt of theIndustrial Court, and shall bedealt with as such by that Courtas provided under the IndustrialRelations Act.

(9) In this section, “Judge”means the President or Vice-President of the IndustrialCourt.”;

(d) by repealing section 93;

(e) by deleting section 94 and substituting thefollowing sections:

94. A parent or guardian whoconduces to the employment of achild under the age of sixteenyears through wilful default, or byhabitually neglecting to exercisedue care, is guilty of an offence.

94A. Where the offence oftaking a child under the age ofsixteen years into employment iscommitted by an agent or work-man of the employer, the agent orworkman is guilty of an offence asif he were the employer.

“Neglectfulparent

Liability ofagent oremployer

20 No. 3 Miscellaneous Provisions (Minimum Age for 2007Admission to Employment)

94B. Where a child under theage of sixteen years is taken intoemployment on the production, byor with the privity of the parent orguardian, of a false or forgedcertificate, or on the falserepresentation by his parent orguardian that the child is notunder the age of sixteen years, theparent or guardian is guilty of anoffence.”;

(f) in section 95, by deleting the word “twelve”and substituting the word “sixteen”,wherever it occurs; and

(g) by deleting section 96 and substituting thefollowing section:

96. A person who commits anoffence for which there is nopenalty specified under this Partis liable on summary conviction toa fine of twelve thousand dollarsand to imprisonment for twelvemonths.”.

5. The Recruiting of Workers Act is amended byrepealing section 5.

6. The Shipping Act is amended by inserting aftersection 108(1), the following subsection:

“ (1)(A) Subsection (1) shall apply in any casewhere a person has not attained the age ofsixteen years provided that the work is anintegral part of a programme of training onboard a ship.”.

Chap. 88:10amended

Act No. 24 of 1987amended

No. 3 Miscellaneous Provisions (Minimum Age for 2007 21Admission to Employment)

Falsecertificate orrepresenta-tion of age

Penalties

Passed in the Senate this 12th day of December,2006 .

J. SANDYActing Clerk of the Senate

Passed in the House of Representatives this 26th dayof January, 2007.

J. SAMPSONClerk of the House

House of Representatives amendments agreed to bythe Senate this 6th day of February, 2007.

J. SANDYActing Clerk of the Senate

22 No. 3 Miscellaneous Provisions (Minimum Age for 2007Admission to Employment)

PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN

REPUBLIC OF TRINIDAD AND TOBAGO—2007