Article 23.1 of the Universal Declaration of Human Rights states:
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
Universal Declaration of Human Rights, United Nations General Assembly
The International Covenant on Economic, Social and Cultural Rights states in Part III, Article 6:
(1) The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.
ANGUILLA Labour Code, 2003 BILL
Forms of employment contracts 44.
(1) It shall be lawful for an employer and employee to enter into an individual employment contract, either written or oral, which specifies conditions of employment, but any provision thereof which—
(a) establishes conditions which fall below the minimum employment standards established by this Code shall be void;
(b) requires that the employee refrain from associating with other employees or with a trade union for collective bargaining purposes shall be void.
(2) Where an employment contract for a fixed term is renewed on one or more occasions so that the total period involved is twelve months or more, such contract shall, for the purposes of this Code, be deemed to be for an indefinite period.
(3) When it appears to a Tribunal appointed in accordance with section 29 that a fixed term employment contract is renewed in such a way as to evade the provisions of this Code, the Tribunal shall determine such contract to be for an indefinite period.
PART VI TERMINATION OF EMPLOYMENT, DISCIPLINARY ACTION, AND CONTINUITY OF EMPLOYMENT
Limitation on termination of employment by employer 81.
The employment contract of an employee shall not be terminated by an employer without a valid and fair reason for such termination connected with the capacity or conduct of the employee, or with the operational requirements of the undertaking, establishment or service, pursuant to section 88, 89, 102 or 104, and unless the notice requirements in section 90 are complied with. Meaning of unfair dismissal 82.
Without derogating from the generality of section 81, the termination of the employment contract of an employee on any of the following grounds shall be deemed to be unfair—
(a) trade union membership or participation in union activities outside working hours or, with the consent of the employer, during working hours; ANGUILLA Labour Code, 2003 BILL 37
(b) seeking office as, or acting or having acted in the capacity of, a workers’ representative;
(c) making a complaint or participating in proceedings against the employer involving alleged violation of any law or regulation or having recourse to competent administrative authorities;
(d) participation, or proposed participation in industrial action including a strike, which takes place in conformity with the provisions of this Code or any other labour relations law;
(e) race, colour, sex, religion, ethnic origin, nationality, political opinion or affiliation, disability, or age except for purposes of retirement and restrictions on work and employment of young persons and children;
Meads Bay Worker
(Published without editng by The Anguillian newspaper.)
