FRIDAY, MAY 27, 1977
BETTER WAGE PROTECTION FOR CONSTRUCTION WORKERS PROPOSED
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WORKERS IN THE BUILDING AND CIVIL ENGINEERING CONSTRUCTION INDUSTRY ARE TO BE GIVEN BETTER WAGE PROTECTION UNDER A BILL PUBLISHED IN THE GOVERNMENT GAZETTE TODAY.
THE EMPLOYMENT (AMENDMENT) (NO. 4) BILL 1977,
IMPOSES A VICARIOUS LIABILITY ON ALL PRINCIPAL CONTRACTORS NOMINATED SUB-CONTRACTORS AND SUPERIOR SUB-CONTRACTORS TO PAY WAGES OWED TO SUB-CONTRACTORS' EMPLOYEES IN THE EVENT OF A DEFAULT IN PAYMENT OF WAGES BY THEIR SUB-CONTRACTORS.
THIS VICARIOUS LIABILITY WILL BE LIMITED TO TWO MONTHS* UNPAID WAGES OWED TO WORKERS ON THE SITE.
UNDER THE BILL EMPLOYEES WHO ARE OWED WAGES MUST NOTIFY THE PRINCIPAL CONTRACTOR OR NOMINATED SUB-CONTRACTOR OF THEIR WAGE CLAIMS IN WRITING WITHIN 30 DAYS OF THE WAGES BECOMING DUE.
THE PRINCIPAL CONTRACTOR MUST, IN TURN, NOTIFY ANY SUPERIOR SUB-CONTRACTOR TO THE DEFAULTING SUB-CONTRACTOR WITHIN 14 DAYS AFTER RECEIPT OF THE EMPLOYEES' NOTICE OF WAGE CLAIMS.
THE BILL ALSO REQUIRES AN EMPLOYER WHO IS A SUB-CONTRACTOR TO SUPPLY HIS EMPLOYEES WITH THE NAME AND ADDRESS OF THE . PRINCIPAL CONTRACTOR OR NOMINATED SUB-CONTRACTOR AND OF EVERY SUPERIOR SUB-CONTRACTOR WITHIN SEVEN DAYS ON RECEIPT OF A WRITTEN REQUEST.
THE PRINCIPAL CONTRACTOR, NOMINATED SUB-CONTRACTOR OR SUPERIOR SUB-CONTRACTOR WILL HAVE THE RIGHT TO RECOVER ANY MONIES PAID OUT IN WAGES FROM THE DEFAULTING SUBORDINATE CONTRACTOR AS A CIVIL DEBT.
HE CAN ALSO CLAIM CONTRIBUTION FROM OTHERS LIABLE OR DEDUCT, BY WAY OF SET-OFF. THE AMOUNT PAID BY HIM FROM ANY SUM DUE TO A SUB-CONTRACTOR WITH WHOM HE HAS ENTERED INTO A SUB-CONTRACT.
COMMENTING ON THE BILL, A LABOUR DEPARTMENT SPOKESMAN SAID: +IN ESSENCE, THE BILL GIVES LEGISLATIVE BACKING TO A PRACTICE WHICH IS ALREADY IN EXISTENCE AMONG THE BETTER CONTRACTORS. ACCORDING TO LABOUR DEPARTMENT RECORDS, MORE THAN HALF THE NUMBER OF WAGE CLAIM DISPUTES BETWEEN SUB-CONTRACTORS AND THE IR EMPLOYEES DURING NOVEMBER 1968 TO APRIL 1974 WERE SETTLED BY THE PRINCIPAL CONTRACTORS ASSUMING THE VICARIOUS LIABILITY OF THEIR SUB- CONTRACTORS AND PAID WAGES TO THE WORKERS.*
+THE PUBLIC WORKS DEPARTMENT, HE ADDED, +RECENTLY INTRODUCED A 'FAIR WAGES' CLAUSE TO THEIR ARCHITECTURAL AND ENGINEERING CONTRACTS UNDER WHICH THE PWD MAY MAKE PAYMENT FOR WAGE CLAIMS TO THE COMMISSIONER FOR LABOUR FROM MONIES DUE TO A CONTRACTOR IN THE EVENT OF A DEFAULT OF PAYMENT OF WAGES TO CONTRACTORS' EMPLOYEES ENGAGED FOR PUBLIC WORKS PROJECTS.+
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