Bermuda Consolidated Legislation

BERMUDA
1978 : 47

STATISTICS OF EMPLOYMENT ACT 1978

ARRANGEMENT OF SECTIONS

1 Interpretation

2 Minister may require re turns or estimates about matters set out in the Schedule

3 Offences

4 Restriction on disclosure of information obtained

5 Notices

6 Offences by bodies corpo rate

SCHEDULE

Matters about which persons may be required to furnish re turns or estimates

[13 July 1978]

[preamble and words of enactment omitted]

Interpretation

1 (1) In this Act "undertaking" means any undertaking by way of trade or business or profession, whether or not the trade or business or profession is carried on for profit; and the exercise and performance by a local or other public authority of the powers and duties of that authority shall be treated as a trade or business of that authority.

(2) Where an undertaking is wholly or partly carried on by means of branches situated at several premises, the Minister may agree with the persons carrying on the undertaking that for the purposes of all or any of the provisions of this Act a separate undertaking shall be deemed to be carried on at all or any of those branches by the branch manager or such other person as may be specified in the agreement.

(3) The Minister may from time to time publish a Bermudian standard classification of occupations giving details of trades, profes sions and occupations and identifying each trade, profession or occupa tion by a number which shall be known and referred to as an "occupation unit number". The Statutory Instruments Act 1977 shall not apply to such publication.

Minister may require returns or estimates about matters set out in the Schedule

2 (1) For the purpose of obtaining information for the apprecia tion of employment trends and the provision of a statistical service for commerce and for the discharge by Government departments of their functions the Minister by notice in writing served on any person carrying on an undertaking or by notice in the Gazette to all persons carrying on all or any class of undertaking may require such persons to furnish, in such form and manner and within such time as may be specified in the notice, such returns or estimates either periodically or otherwise, about such of the matters set out in the Schedule as may be specified in the notice:

Provided that no person shall be required under this section to furnish any information relating to the pay, remuneration or emoluments of any person employed by an undertaking.

(2) The notice shall state that it is served under this section and generally the purpose for which the returns or estimates are re quired.

(3) Without prejudice to the generality of subsection (1) and without limiting the information that the Minister may require under subsection (1) he may by regulations prescribe forms which undertak ings shall use in providing the returns and estimates he may require un der subsection (1).

(4) The Minister may by regulations amend the Schedule by adding or varying the matters set out therein.

(5) Any regulations made under subsection (3) shall be subject to negative resolution procedure and any regulations made under sub section (4) shall be subject to affirmative resolution procedure.

Offences

3 (1) If any person required to furnish returns or estimates under this Act fails to furnish those returns or estimates as required under this Act, unless he proves that he had reasonable excuse for the failure, he commits an offence:

Punishment on summary conviction: a fine of $500;

Punishment on summary conviction of a second or subsequent offence: a fine of $2000.

(2) If the failure in respect of which a person is convicted under subsection (1) is continued after the conviction he commits a further of fence and may on summary conviction thereof be punished accordingly.

(3) If any person in purported compliance with a requirement to furnish such returns or estimates as aforesaid, knowingly or reck lessly makes any statement in those returns or estimates which is false in a material particular, he commits an offence:

Punishment on summary conviction: imprisonment for 3 months or a fine of $1,000 or both such imprisonment and fine;

Punishment on conviction on indictment: imprisonment for 2 years or a fine of $3000 or both such imprisonment and fine.

Restriction on disclosure of information obtained

4 (1) No returns or estimates, and no information relating to an individual undertaking, obtained under section 2 shall, without the pre vious consent in writing of the person carrying on the undertaking which is the subject of the returns or estimates be disclosed except —

(a) in accordance with directions given by the Minister for the purposes of the exercise by the Government of any of its functions; or

(b) for the purposes of any proceedings for an offence under this Act or any report of those proceedings.

(2) The Minister in compiling any report based on returns or estimates obtained under this Act shall so arrange it as to prevent any particulars published therein from being identified as being particulars relating to any person or undertaking except with the previous consent in writing of that person or the person carrying on the undertaking, as the case may be.

(3) If any person discloses any information in contravention of this section, he commits an offence:

Punishment on summary conviction: imprisonment for 3 months or a fine of $500 or both such imprisonment and fine.

Notices

5 (1) Any notice required or authorized by or under this Act to be served on any person may be served either —

(a) by delivering it to that person; or

(b) by leaving it at his proper address; or

(c) by post,

so however that where a notice is served by post otherwise than in a registered letter, service shall not be deemed to have been effected if it is proved that the notice was not received by the person to whom it was addressed.

(2) Any such notice required or authorized to be served upon an incorporated company or body shall be duly served if it is served on the secretary or clerk of the company or body.

(3) For the purposes of this section, the proper address of any person on whom such a notice as aforesaid is to be served shall in the case of the secretary or clerk of an incorporated company or body be that of the registered or principal office of the company or body, and in any other case be the last known address of the person to be served.

(4) Where the name of a person carrying on an undertaking at any premises is not known, then, if any such notice as aforesaid is sent by post in a registered letter so addressed as to show the name in which and the premises at which the undertaking is carried on, the letter shall be deemed to be properly addressed.

Offences by bodies corporate

6 Where any offence under the foregoing provisions of this Act has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

SCHEDULE

Matters about which persons may be required to furnish
returns or esti mates

(a) the name and address of the undertaking;

(b) the nature of the undertaking (including its connection with other undertakings);

(c) the persons employed or normally employed, including working proprietors, giving —

(i) their full names including forenames;

(ii) their date of birth;

(iii) their sex;

(iv) their occupation unit number;

(v) whether they are Bermudian;

(vi) their hours of work;

(vii) their race.

[Schedule amended by BR 43/1995 effective 27 July 1995]

 

 

 

 

 

 

 

 

 

[This page intentionally left blank]