Labor law in Antigua and Barbuda

The Code, Cap. 27, applies throughout Antigua and Barbuda and also covers government employees. An employment relationship may arise expressly or implicitly, orally or in writing; apprenticeship agreements and a regulated probationary period are also covered. Protection applies, among other things, to race, color, creed, sex, age, and political opinion. Women are entitled to equal pay. Non-nationals generally require the prescribed work-permit process to be employed. Regular working hours are limited to 8 hours per day and 48 hours per week. Employees are entitled to at least 24 consecutive hours of rest within seven days. Including statutory exceptions or ministerial orders, the limits are generally 12 hours within 24 hours and 72 hours within 168 hours. Overtime must be paid at no less than 150 percent of the basic wage. Work on a public holiday brings holiday pay plus at least an additional 150 percent of the basic wage per hour; employees assigned to essential services may be required to work under the applicable special rules. The minimum wage has been EC$11.50 per hour since 1 April 2026. Tips do not count toward satisfying the minimum wage. A wage-payment period may not exceed one month. Deductions are permitted only when authorized by law or otherwise permitted; total deductions are generally limited to one third of gross wages and must be shown together with a statement of account. Employers must display the applicable minimum wage at the workplace. The statutory annual leave entitlement is at least 12 days. In cases of illness, employees generally have up to 12 paid sick days within 12 months, although the contract, employment status, and evidence may be relevant. After at least twelve uninterrupted months of employment, maternity leave is at least 14 weeks. During this leave, the employer pays 40 percent of the basic wage; the Antigua and Barbuda Social Security Board (ABSSB) generally pays 60 percent of average insurable weekly earnings for no more than 13 weeks if usually 26 contribution weeks have been completed. The coordination between the 2022 changes to the Code and social security may therefore create an income gap of about one week. The research did not identify a statutory paternity benefit; a collective agreement may provide additional benefits. The ABSSB administers compulsory social security through payroll. The latest published contribution rates for 2025 are 16 percent in the private sector, 15 percent in the public sector, and 10 percent for self-employed persons; the contribution ceiling is EC$6,500 per month. Employers remit contributions within 14 days after the end of the month. A 10 percent surcharge applies to late payment. Sickness benefit applies to private-sector employees from age 16 until retirement age if there is a medically certified illness, 26 contribution weeks, and eight weeks of employment in the last three calendar months before the illness, and if the application is filed within 21 days. Government employees and employees covered by statute are excluded from this benefit. The Labour Department monitors hygiene, sanitary facilities, ventilation, lighting, temperature, escape routes, machinery, buildings, drinking water, and other safety requirements. Labor inspectors may inspect workplaces and review necessary documents. Children generally may not be employed in agricultural or industrial undertakings or on ships; exceptions for families and youth organizations, as well as special rules for persons under 18, particularly regarding night work, remain dependent on the circumstances. The Constitution protects freedom of association. Registered trade unions may act as bargaining representatives and conclude collective agreements. The law protects against anti-union discrimination and regulates strikes and lockouts. Special restrictions apply in essential services; a 21-day notice period is required there for a strike. A strike or lockout is not permitted while a dispute proceeding is pending. Employment disputes often begin internally or with union assistance. The Labour Department or Labour Commissioner may then conciliate and mediate. Depending on the procedure, a deciding officer, the Labour Board, the Arbitration Tribunal, or the Board of Review may make the decision. A claim for severance is filed with the Labour Commissioner; a complaint about unfair dismissal is also made to that office. Form C62 is intended to seek a settlement within 20 days. If settlement fails, a hearing and, where appropriate, proceedings before the Industrial Court under Cap. 214 follow. The court decides employment disputes, collective actions, and unfair dismissals according to equity and fair principles. Court fees and the current duration of proceedings could not be reliably established. In cases of serious misconduct, dismissal may take place without prior notice. During probation, the minimum notice period is 24 hours. After probation, the notice period is at least the wage-payment interval and no more than 30 days, unless the contract provides for a longer period; payment in lieu of working the notice is possible. After probation, an employer may not dismiss without just cause. A business-related termination is called business redundancy (Redundancy). After more than one year of employment, severance may arise when an employer terminates employment because of redundancy or when a business is sold to a successor. The statutory minimum is one day’s amount of the last applicable basic wage for each month of employment or substantial part of a month begun. The Labour Department and the Labour Commissioner are located at Long and Thames Streets in St. John's. The Industrial Court sits at the Woods Centre on Friars Hill Road. This information reflects the research status as of 5 September 2026; current Gazette publications, the employment contract, a collective agreement, and special orders may produce different results in individual cases.