MINIMUM WAGES, GENERAL LAW

Citation

1. This Order may be cited as the Minimum Wages

National minimum wage

2. (1) Subject to clause 8, on the coming into force of this Order, the national minimum wage for workers in Trinidad and Tobago, shall be at the rate of twelve dollars and fifty cents per hour exclusive of gratuities, service charges and
   • A worker who completes a normal working day, normal working week, or a normal working month shall be paid no less than the amounts set out in the First
   • An output or piece worker who works at the employer’s premises or whose hours are otherwise recorded and whose hours are controlled by the employer shall receive no less than the rate of twelve dollars and fifty cents per
   • Where the hours of an output or piece worker are not controlled by the employer and those hours are not otherwise recorded, the worker shall be paid according to a written agreement between the worker and the employer which should state—
     • a fair estimate of the average number of hours the worker is likely to perform on a normal working day; and
     • an agreed output or piece
   • The written agreement referred to in subclause (4), shall be maintained by the employer as part of the worker’s pay record and the rate agreed shall not be less than the equivalent of the national minimum

Normal working hours

3. (1) The normal working day shall not exceed eight hours, exclusive of meal and rest

• The normal working week shall not exceed forty hours, exclusive of meal and rest
• The normal working month shall not exceed one hundred and seventy-three and three, three, three, four over ten thousand hours, exclusive of meal and rest
• Notwithstanding subclause (1), the normal working day for businesses which schedule workers to work only four days in the week shall not exceed ten hours, exclusive of meal and rest
• Where a worker continues to work for two hours after his normal working day, he shall be entitled to a paid break of no less than fifteen minutes and to a further paid break of no less than twenty minutes for every additional two-hour

Meal and rest breaks

4. (1) A worker is entitled to a meal break of not less than three-quarters of an hour after no more than four and one-half consecutive hours, calculated from the scheduled time of commencement of duty and an additional rest break of no less than one-quarter of an hour after a subsequent period of no more than three

(2) A worker on continuous or non-continuous shift work is entitled to a paid break of no less than twenty minutes after no more than four and one-half consecutive hours calculated from the scheduled time of commencement of duty and an additional paid break of no less than ten minutes after a subsequent period of no more than three hours.

Overtime rates

5. (1) Subject to subclause (2) and clause 6, a worker who works overtime—
   • on his normal working day or on off-days,

Sundays or public holidays; or

• for each additional hour or part thereof beyond forty hours in any one week exclusive of meal and rest break,

shall be paid at the rates set out in the Second Schedule.

(2) A worker, whose work schedule requires him to work in continuous or non-continuous shifts in a normal working week, in which every day of the week including Sunday is a normal working day, shall be paid the overtime rates set out in the Second Schedule for work performed beyond eight hours on a working day, on off-days and on public holidays.

PART II

SAVINGS AND EXCEPTIONS

Saving of terms and conditions in certain Orders

6. The national minimum wage and provisions relating to overtime in this Order shall be applicable to petrol filling station employees, catering industry employees, shop assistants, security industry employees and household assistants, except that the other terms and conditions established in the following Orders shall remain in force:
   • Petrol Filling Station Employees Order, 1982;
   • Minimum Wages (Catering Industry) Order, 1991;
   • Minimum Wages (Shop Assistants) Order, 1991;
   • Minimum Wages (Household Assistants) Order, 1991; and
   • Minimum Wages      (Security       Industry Employees) Order,

Application of Order

7. The terms and conditions of work including overtime rates set out in this Order shall apply only to workers receiving an hourly rate of one and one-half times the national minimum wage or

Non-application of Order

8. This Order does not apply to—
   • trainees in training schools approved by appropriate Government Agencies such as the—
     • Youth Training      and     Employment Partnership Programme (YTEPP); or
     • National Energy Skills Centre;
   • schemes developed from time to time by other Government ministries, departments or agencies;
   • other schemes submitted to and approved by the Minister to whom responsibility for labour is assigned;
   • registered apprentices;
   • students on vacation jobs; and
   • persons who volunteer services to registered charitable organisations and social service agencies registered with the Ministries with the responsibility for social services, youth, sports, community development or gender affairs.

No authority to alter wages, terms and conditions

9. This Order shall not be construed as authorising—
   • the reduction of wages paid to those employees who already receive wages in excess of the national minimum wage; and
   • changes in the existing terms and conditions of any worker to effect a lowering of such terms and conditions.

L.N. Nos. 63 and 88 of 2005 revoked

10. The Minimum Wages Order, 2005 is revoked.

Commencement

11. This Order took effect on the 1st January