The BVI does have a bizarre system with regard to gratuities. Eating establishments are not required to have a mandatory tipping policy but if they do there are a bunch of rules. The employees are supposed to have a committee that determines what percentage of the tips each job gets. I wonder if in practice that happens. The employer can also keep to 7.5% as an administrative cost.

60. (1) In an establishment in which a customer pays a gratuity a period of four weeks in accordance with this section.
(2) Where an establishment to which subsection (1) applies has at least five employees, the employer shall establish a gratuity committee (in this section referred to as the “Committee”) for periodic distribution of the gratuity.
Gratuity. which is a specified percentage of the customer’s bill, the employer shall
cause the gratuity to be pooled and distributed among his or her employees in
follows:
(3) The Committee shall consist of three representatives as
(a) one person appointed by the employer to represent the employer;
(b) two persons representing the employees to be elected by the employees within the first six weeks of each year to serve for a term of one year and the results of such election shall be filed with the Labour Department by the 28th day of February each year, provided that where any person so elected is unable for any reason to serve his or her full term, the employees may elect another person to represent them in his or her stead and for the remainder of his or her term and shall file the result of the election with the Labour Department within fourteen days of obtaining that result.

Periods and place of wage payments.
61. (1)
Wages shall be paid at regular time intervals of
(a) not more than two weeks, in the case of employees whose wages are fixed by the hour, day, week or fortnight, or by the piece of work performed;
day of February each year, provided that where any person so elected is unable for any reason to serve his or her full term, the employees may elect another person to represent them in his or her stead and for the remainder of his or her term and shall file the result of the election with the Labour Department within fourteen days of obtaining that result.

(4) From the total amount of gratuity accumulated over every period of four weeks there shall be deducted by the employer the Government tax, if any, on gratuity.
(5) A further amount to be agreed by the employer and employee or if there is a Committee, the Committee but not exceeding seven and a half percent of the balance after the Government tax, if any, is deducted may be retained by the employer for administrative expenses.
(6) The employer shall distribute the remainder of the gratuity among the employees of the establishment on such basis as may be agreed in writing from time to time by the employer and employees or if there is Committee, by the Committee.
(7) The employer prepared a record showing the total amount of gratuity accumulated in each period of four weeks, the total amount of Government tax which is deducted, the amount retained by the employer for administrative expenses, the list of employees to whom the balance is distributed and the amount paid to each of those employees.
(8) Within seven days after the close of the period to which

Last edited by GeorgeC1; 05/05/2024 04:51 PM.