FAQs

Q: What is the Retirement age in Antigua & Barbuda?

A: There is no National age of retirement in Antigua & Barbuda. In the absence, companies have used the age at which an individual can receive a full Social Security pension as their retirement age. However, some companies do have Pension Plans and Thrift Funds with established retirement age that allows employees to retire when they have reached the pensionable age in compliance with their pension rules.

The Social Security Pensionable age as of January 1, 2017:

Q: Can an employee apply for early pension from the Social Security Scheme?

A: Social Security allows persons to apply for and receive pension from age 60. Early pension is granted at a reduced rate. For additional information visit the Antigua and Barbuda Social Security Website https://www.socialsecurity.gov.ag/

LABOUR LEGISLATION:

Q: What is the Minimum Wage in Antigua & Barbuda?

A: C21/C22 (1)of the Antigua and Barbuda Labour Code reference, the establishment of the Minimum Wage Advisory Committee to investigate the conditions of work in such occupations and to make recommendations as minimum basic wage which should be payable therefor:

The current minimum wage is $8.20 per hour and is extensively used as a guideline across the country in setting rates for occupation.

Q: Does the collective agreement supersede the Labour Code?

A: No, it does not but the Labour Code references specific areas where a collective agreement can provide accommodations above what is listed in the Labour Code.

Q. Is there a penalty for companies that employ individuals who require work permits to work without a work permit?

A: Yes, it is a criminal offence that can attract a fine or confinement.

TERMINATION OF SERVCE:

Q: What are the various types of terminations?

A: Termination of employment can take several forms including:

• Dismissal with cause
• Redundancy
• Retirement
• Resignation

Q: What payments do I need to make to employees that are terminated?

A: You should ensure that employees are paid the following upon termination:

• Payment up to and including the last day of work
• Any vacation that has accumulated but was not taken
• Notice pay as per contract of employment, if applicable
• Severance pay, if applicable

Q: What makes a person entitled to Severance Pay?

A: Any entitlement to a severance payment is based on an employee satisfying three conditions:

• The employee must have worked for one year
• The dismissal must before reason of redundancy or ill health
• The employee should be over sixteen years and under the pensionable age at the date of dismissal.

Q: Should an employee give notice that they are going to quit the job?

A:

1. An employee who has been employed for a specific term of employment need not give notice at the end that he wishes to quit.
2. All other employees must give advance notice to their employer of an intention to voluntarily quit employment, namely
3. An employee, during the probation period, shall give at least twenty-four (24) hours advance notice of such intention.
4. Any other employee must give advance notice which shall be at least equivalent to the interval of time between the employee’s pay period. The advance notice must not exceed 30 days unless an employment contract specifies otherwise.

HEALTH & SAFETY:

Q: Are employers required to report workplace accidents, and if so, to whom?

A: Employers are required to report workplace accidents to the Labour Department. It is essential that accidents are reported to management and supervisory personnel and appropriate records are kept.

As soon as possible after the accident, complete the Occupational Accidents Form and submit it to the Labour Department.

Q: Can an employee be disciplined for not follow established Safety & Health Rules?

A: Failure to follow established Safety & Health rules should be treated as a disciplinary matter and subject to the standard disciplinary process that exists within your organization.

Q: When does an employee have to notify the employer that they are ill and unable to report to work?

A: A sick report is due on the first day of illness and any successive days thereafter. However, a sick certificate becomes due on the third day of illness.