Podar
Provision for case of persona am-
ployed by piece work writers a mánium time-rote
but no genernl
itmura piece-cale has been
fixed.
9 Edw. 7, 2. 22, n. 8.
Prevention
of evasion.
9 Edw. 7. c.
22, a. 9.
(2) Where an employer who is charged with an offence against this Ordinance proves to the satisfaction of the court that he has used due diligence to enforce the execution of the Ordinance and that the offence was in fact committed by his agent or some other person without his knowledge, consent, or connivance, he shall, in the event of the convic- tion of that agent or other person for the offence, be exempt from any fine in respect of the offence, without prejudice, however, to the power of the court under sub-sections (2) and (3) of section 6 to adjudge him to pay any sum which appears to the court to be due to the person employed on account of wages.
(3) Where the immediate employer of any worker to whom a minimum rate of wages applies is bimself in the employment of some other person and that worker is employed on the premises of that other person, that other person shall for the purposes of the provisions of this Ordin- anec relating to the penalty for not paying wages in accord- ance with the minimum rate be deemed to be the employer of the worker jointly with the immediate employer.
7.--(1) An employer shall, in cases where persons are employed on piece-work and a general minimum time-rate but no general minimum piece-rate has been fixed, be deemed to pay wages at less than the minimum zate---
(a) in cases where a special minimum piece-rate has been fixed under the provisions of this Ordinance for persons employed by that employer, if the rate of wages paid is less than that speciul minimum piece-rale; and
(b) in cases where a special minimuma piece-rate has not been so fixed, unless he slows that the piece-rate of wages paid would yield, in the circumstances of the case, to an ordinary worker at least the same amount of money as the basis rate.
7
(2) For the purpose of this section the expression "basis rate means the general minimum time-rate or, where a rate (in this Ordinance referred to as a piece work bazis time-rate") has been fixed by the Governor in Council for the purpose of being substituted for the general minimum time-rate as the basis rate, the rate so fixed.
The Governor in Council may fix a piece-work basis time-rate in any case in which, having regard to all the circumstances of the case, he is of opinion that the general minimum time-rate does not form a proper basis for the purposes of paragraph (b) of sub-section (1) of this section, and a piece-work basis time-rate may be higher or lower than the general minimum time-rate and may be fixed so as to apply universally to the trade or so as to apply to any special process in the work of the trade or to any special area, or to any class of workers in the trade or to any class of werkers in any special process or in any special area.
B. Any shopkeeper, dealer or trader, who by way of trade makes any arrangement express or implied with any worker in pursuance of which the worker performs any work for which a minimum rate of wages has been fixed under this Ordinance, shall be deemed for the purposes of this Ordinance to be the employer of the worker, and the net
remuneration obtainable by the worker in respect of the work after allowing for his necessary expenditure in connexion with the work shall be deemed to be wages.
not to
receive pra-
AZDA İKLİMA COLZAN
9.-(1) Where a worker in any trade, being a person Employers to whom a minimum rate of wages fixed by the Governor in Council applies, is an apprentice or learner, it shall not be mium where lawful for his employer to receive directly or indirectly from rates in. him, or on his behalf or on his account, any payment by way of premium.
Provided that nothing in the foregoing provisions shall apply to any such payment duly made in pursuance of any instrument of apprenticeship not later than four weeks after the commencement of the employment.
(2) If any employer acts in contravention of this provi- sion, he shall be liable on summary conviction in respect of each offence to a fine not exceeding two hundred and fifty dollars, and the court may by the conviction, in addition to imposing a fiae, adjudge him to repay to the worker or other person by whom the payment was made the sum improperly received by way of premium.
force
8 & 9 Geo. 5, c. 32, ■. 7.
10-(1) Any officer of any Government Department for Powers of the time being assisting in carrying this Ordinance into effect officers, shall have power for the performance of his duties-
(4) to require the production of wages sheets or other record of wages by an employer, and records of payments made to outworkers by persons giving out work and to inspect and examine the same and copy any material part thereof;
(b) to require any person giving out work and any out- worker to give any information which it is in his power to give with respect to the names and addresses of the persons To whom the work is given out or from whom the work is received, as the case may be, and with respect to the paymenta to be made for the work;
(c) at all reasonable times to enter any factory or work- shop or any place used for giving out work to outworkers;
(d) to inspect and copy any material part of any list of outworkers kept by an employer or person giving out work to outworkers, and
(e) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to any mattere under this Ordinance any person whom he finds in any factory or workshop or any place used for giving out work to outworkers, or whom he has reasonable cause to believe to be or to have been a worker in any trade to which a minimum rate under this Ordinance is applicable, and to require every such person to be so examined, and to sign a declaration of the truth of the matters in respect of which he is so examined,
(2) If any person fails to furnish the means required by an officer as necessary for any entry or inspection or the exercise of his powers under this section, or if any person hinders or moleats any ofleer in the exercise of the powers given by this section, or refuses to produce any document or give any information which any officer requires him to produce or give under the powers given by this section, that
* Edw. 7, c. 22. 16