Interpretation

(1) In this Act, unless the context otherwise requires, “appointed day” means the date of commencement of this Act; “employee” means a person who has entered into or works under a contract of service or apprenticeship; “employer” means a person who hires one or more employees; “equal pay” means a rate or scale of remuneration for works in which rate or scale there is no element of differentiation among male and female employees based on the sex of the employees; “equal work” means work performed for one employer by male and female employees in which, (a) the duties, responsibilities or services to be performed are similar or substantially similar in kind, quality and amount; (b) the conditions under which such work is performed are similar or substantially similar; (c) similar or substantially similar qualifications, degree of skill, effort and responsibility are required; and (d) the difference (if any) between the duties of male and female employees are not of practical importance in relation to terms and 5 conditions of employment or do not occur frequently; “Minister” means the Minister for the time being responsible for Labour; “referee” means a member for the time being of the panel of persons appointed by the Labour Commissioner to be referees in accordance with the Schedule to this Act; “remuneration”, in relation to an employee, means the salary or wages actually and legally payable to that employee and includes, (a) time and piece work wages and overtime, bonus and other payments; (b) allowances, fees, commission and every other emolument, whether in one sum or several sums and whether paid in cash or kind. (2) For the purposes of this Act, a person shall be regarded as employed in an establishment if that person is employed to work in the establishment or, where that person is employed to work otherwise than in the establishment, if the employment is carried out from the establishment. (3) A person shall not be regarded for the purposes of this Act as being employed in Belize if that person’s employment is wholly or mainly outside of Belize, but employment on an aircraft or ship, as the case may be, registered in Belize shall not be regarded for the purposes of this Act as employment outside Belize, unless it is wholly outside Belize. (4) Insofar as any specially favourable treatment approved as such by a referee is accorded to women in connection with, (a) the birth or expected birth of a child; or 6 (b) terms and conditions of employment related to retirement, marriage or death, such treatment shall be deemed for the purposes of this Act not to be in contravention of the requirement not to discriminate between male and female employees. (5) In determining whether there exists an element of differentiation, in the rates of remuneration for male employees and female employees for any class of work, no account shall be taken of any provision in any Act which limits the work which female employees may perform. (6) If, on the application of any employer or employee or any organization recognized by the Minister as representative of employers or of employees, the Minister is satisfied that there is need to determine whether or not any treatment mentioned in subsection (4) of this section is favourable to the women concerned, the Minister shall refer the matter to a referee for decision. (7) Where a reference is made under subsection (6) of this section the referee, (a) shall give all opportunity to parties appearing to the referee to be affected by, or concerned with, the matter to present evidence and make representations to the referee; and (b) may determine the procedure to be followed and may take into account the extent to which the employees concerned in the matter, or a majority of them, consider the treatment to be favourable to them. (8) This Act does not prejudice an employee’s right to bring a civil action to recover monies for work performed for an employer. 7