Antigua and Barbuda's labour framework rests on four pillars: the Labour Commissioner's oversight, the Labour Code's standards, the Workmen's Compensation Act's safety nets, and the Social Security Board's benefits system.
The escalation route
- Internal grievance procedures first
- The Labour Department
- The Industrial Court
What the Code sets out
The Labour Code details the process: initiation of proceedings, preliminary action by the Labour Commissioner, action by the Minister on referral, formal proceedings, and review of the Hearing Officer's decision, with a further route to a Board of Review.
There are penalties and sanctions for non-compliance, and inspectors are responsible for ensuring compliance.
The 21-day window
For contested dismissals, a cooling-off period of 21 days applies during which the Department of Labour may intervene.
Act within that window rather than after it.
What improper procedure costs the employer
Improper termination procedures can result in reinstatement orders or additional compensation — so procedure is worth raising even where the underlying reason was genuine.
Records work in your favour
Employers must retain employment records for three years after employment ends, available for inspection.
Missing records create presumptions in favour of employee claims. If your employer cannot produce the documentation, that is their problem rather than yours.
What to gather
- Your written contract, which is mandatory under the Code
- Payslips evidencing basic pay
- Evidence of your start date, counted in months
- Any disciplinary or termination correspondence
- Your Social Security contribution record
- The applicable collective agreement, if one covers you
The Code establishes higher standards
The Labour Code provides for the establishment of higher standards than the statutory minimum, which is the mechanism collective agreements use.
Where to start
The Labour Department. Its services are the entry point for most complaints.