1940-HKRS28-8-1_Part02 — Page 9

Edw. 7,

1922, *. 11 (6).

Gouecal duties of Trade Beards.

(3) Women shall be eligible as members of Trade Boards as well as men,

(4) The Chairman of a Trade Board shall be the Labour. Officer or such other public officer as the Governor may appoint.

(6) All members shall be appointed by the Governor, but the employers and workers may nominate representatives for appointment, subject to the Governor's approval, as representative members.

(6) In order to constitute a meeting of a Trade Board, at least one third of the whole number of the representative members and at least one appointed member must be present.

(7) A Trade Board for any trade shall consider, as Occasion requires, any matter referred to them by the Governor with reference to the industrial conditione of the #Edw. 7, trade, and shall make a report upon the matter to the

Governor.

23, . 3.

Application

of

Urdinance

No. 13 of 1886.

Duties and

poweră of Trade

8. The provisions of sections 3 to 10, inclusive, of the Commissionera Powers Ordinance, 1886, shall apply to any Board so appointed.

4-(1) Every Trade Board shall, subject to the provi- sions of this section, recommend a minimum rate of wages Roards with for time-work in their trade (in this Ordinance referred to a general minimum time-rate "') and may also recommend for their trade-

respect to

minim

rates of

wagus.

9 Edw, 7, c.

22, s. 4.

as

L<

(a) A general minimum rate of wages for piece-work (in this Ordinance referred to as a general minimum piece- cale ");

(b) A minimum time-rate (which shall not be higher than the general minimum time-rate) to apply in the case of workers employed on piece work for the purpose of securing to such workers a minimum rate of remuneration on a time- work basis (in this Ordinance referred to as a guaranteed time-rate '');

(c) A minimum rate (whether a time-rate or a piece- rate) to apply, in substitution for the minimum rate which would otherwise be applicable, in respect of hours worked by a worker in any week or on any day in excess of the number of hours considered by the Trade Board to be the normal number of hours of work per week or for that day in the trade (in this Ordinance referred to as an overtime rate");

Any of the minimum rates aforesaid 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 workers in any special process or in any special area.

If a Trade Board report to the Governor that it is impracticable in any case to fix a general minimum time-rate in accordance with this section, the Governor may so far as respects that case relieve the Trade Board of their duty.

!

:

plum rate

5-(1) Where any minimum rate of wages has been Peually for

not paying fixed by the Governor in Council under this Ordinance, an

wogea in employer shall, in cases to which the minimum rate is acordance applicable, pay wages to the person employed at not less than with mini- the minimum rale clear of all deductions, and if he fails to which bess do so shall be liable on summary conviction in respect of obligatory. each offence to a fine not exceeding two hundred and fifty dw. 7, dollars and to a fine not exceeding fifty dollars for each day 22, 1.6. on which the offence is continued after conviction therefor.

(2) On the conviction of an employer under this section for failing to pay wages at not less than the minimum rate to a person employed, the court may by the conviction adjudge the employer convicted to pay, in addition to any fine, much sou as appears to the court to be due to the person employed on account of wages, the wages being calculated on the basis of the minimum rate, but the power to onder the payment of wages under this provision shall not be in derogation of any right of the person employed to recover wages by any other proceedings.

boon made

(3) Where an employer has been convicted for failing *Ge to pay wages at not less than the minimum rate to any worker 33, n. 1

(1). then if notice of intention so to do has been served with the summons warrant or complaint evidence may be given of any failure on the part of the employer to pay wages at not less than the minimum rate to that worker at any time during the two years immediately preceding the date on which the information was laid or the complaint was served and on proof of the failure the court may order the employer to pay Ruch sum as in the opinion of the court represents the difference between the amount which having regard to the provisions of this Ordinance ought properly to have been paid to the worker by way of wages during those years and the amount actually so paid.

(4) It shall be the duty of every employer in a trade to which a minimum rate is applicable, to keep such records of wages as are necessary to show that the provisions of this Ordinance are being complied with as respects persons in his employment, and if be fails to do so he shall be liable on summary conviction in respect of each offence to a fine not exceeding fifty dollars and also to a fine not exceeding twenty five dollars for every day during which the default coutimies after conviction.

On any prosecution of a person for failing to pay wagen at not less than the minimum rate, it shall lie on that person to prove that he has not paid wages at less than the minimum rate.

(5) Any agreement for the payment of wages in contra- vention of this provision shall be void.

other

6-(1) Where an offence for which an employer is by Liability of virtue of this Ordinance liable to a fine has in fact been *gate and committed by some agent of the employer or other person, persona. that agent or other person shall be liable to be proceeded 849 Geo. 5, against for the offence in the saune manner as if he were the 38, A. 5. employer, and either together with, or before or after the conviction of, the employer, and shall be liable on conviction to the same punishment as that to which the employer liable.