12
13
Power of Commit- sioner of Labour to grant examp-
cloud from sections 13, 14, 15
and 16 and
to require records Lo be kept in specibed form.
Offences in relation to section 13,
15, 16 and
17.
Offences in
relation 10 recards or certificates or notices provided for by Ordin ance, etc.
17. (3) (a) lf he is satisfied that to do so will not prejudice the enforcement of this Ordinance, the Commissioner of Labour may, where he thinks fit, grant to any person exemption from sections 13. 14. 15 and 16 or from such of those seclians, or such of the provisions thereof, as he specifies, and any such exemption may be granted in respect of all the workers whom that person employs or in respect of any class of them. (5) Any such exemption shall be subject to such conditions as the Commissioner of Labour specifics and may be withdrawn by him at any time.
(2) Where the Commissioner of Labour is of the opinion that any of the records kept by any person for the purposes of section 14 or 16 are inadequate, he may, by notice in writing, require that person to keep the records in such manner as he specifies.
PART IV.
Offences.
18. Any person who, without reasonable excuse-
(a) contravenes subsection (4) or (5) of section 13 or section 16; (5) fails to deliver a notice in accordance with subsection (1) of
section 13 or subsection (1) of section 15:
(c) delivers, whether the delivery thereof was made pursuant to subsection (1) or (4) of section 13, a notice that does not contain all the particulars required by subsections (1) and (2) of that section;
(d) delivers a notice that does not contain all the particulars
required by subsections (1) and (2) of section [5;
(e) fails to comply with any conditions imposed on the grant under subsection (1) of section 17 of an exemption; or
() fails to comply with a requirement of the Commissioner of
Labour made under subsection (2) of section 17.
shall be guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars.
19. Any person who-
(a) forges any certificate or notice provided for by this Ordinance
or any records kept for the purposes thereof;
(b) makes or causes to be made in any such notice or records any
entry that he knows to be false in a material particular;
(c) gives or signs any such certificate or notice knowing it to be
false in a material particular:
(d) utters or makes use of any such certificate or notice knowing
the same to be forged or false in a material particular;
(e) utters or makes use of as applying to any person any such certificate or notice that to his knowledge does not so apply;
or
(f) personates any person named in any such certificate or notice. shall be guilty of an offence and, without prejudice to say other penalty to which he may be liable, shall be liable on summary conviction to a fine of two thousand dollars and to imprisonment for twelve months.
20. Any person who, for the purpose of defraying or partly de- Defraying fraying the cost of any holiday pay or sickness allowance that he may of cost of
holiday be, or may become, liable to pay to any worker, makes any deduction
pay, etc. by from the earnings of that worker or of any other worker whom be deduction employs shall be guilty of an offence and shall be liable on summary to be an
from carpings conviction to a fine of one thousand dollars.
offcnce.
etc. where
21, Where a person by whom an offence under this Ordinance has Liability of been committed is a company and it is proved that the offence was directors, committed with the consent or connivance of a director or other officer offence concerned in the management of the company, the director or other committed officer shall be guilty of the like offence.
by company.
PART V.
Supplementary and miscellaneous.
22. (1) Any person may issue to a worker a notice in the form qualification prescribed in the Schedule (hereinafter referred to as a qualification noticca. notice) declaring that he will pay the worker any holiday pay or sick- Schedule. ness allowance to which he may become entitled without proof that the worker is a qualified worker.
(2) A qualification notice shall be signed by the person by or on behalf of whom it is issued or by a person appointed by him for the purposes of this section, and shall take effect at the beginning of the month following the month in which it is issued.
(3) (a) The person by or on behalf of whom a qualification notice
was issued may cancel the notice at any time by-
() serving on the worker to whom it was issued; or (i) posting in the industrial undertaking in which the worker to whom it was issued is employed or was last employ- ed by that person,
notice in writing of its cancellation.
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