XN000022-1982-08-06 — Page 6

FRIDAY, AU FOUN

108-

A

LIABILITY IN RESPECT OF EMPLOYEES EMPLOYED BY SUB-CONTRACTORS

THE BILL DEFINES A SUB-CONTRACTOR TO INCLUDE A SECOND OR THIRD LEVEL SUB-CONTRACTOR.

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THE TERM PRINCIPAL CONTRACTOR+ IS ALSO INTRODUCED TO REPLACE THE TERM +PRINCIPAL+. IN THIS WAY, AN INJURED EMPLOYEE CAN MAKE A CLAIM FOR COMPENSATION AGAINST EITHER HIS IMMEDIATE EMPLOYER (THE +SUB-CONTRACTOR+) OR THE PRINCIPAL CONTRACTOR+ AT THE TOP OF THE CONTRACTING HIERARCHY.

THE BILL ALSO REMOVES CURRENT RESTRICTION OF LIABILITY TO ACCIDENTS OCCURRING ON THE PRINCIPAL CONTRACTOR'S WORK SITE OR PREMISES UNDER HIS CONTROL.

OTHER IMPROVED PROTECTION FOR EMPLOYEES INJURED AT WORK

THE BILL INTRODUCES, FOR THE PURPOSE OF CALCULATING AN INJURED EMPLOYEE'S MONTHLY EARNINGS, AN OPTION BETWEEN (1) THE EARNINGS FOR THE MONTH IMMEDIATELY PRECEDING THE DATE OF ACCIDENT AND (2) THE AVERAGE MONTHLY EARNINGS FOR THE PAST 12 MONTHS.

IT ALSO RAISES THE MINIMUM MONTHLY EARNINGS OF AN INJURED EMPLOYEE FROM $100 TO $600 FOR THE PURPOSE OF CALCULATING COMPENSATION.

AN EMPLOYER IS REQUIRED TO GRANT LEAVE WITH PAY TO AN EMPLOYEE FOR ATTENDING MEDICAL EXAMINATION OR ASSESSMENT OR VISITING THE LABOUR DEPARTMENT IN CONNECTION WITH AN AGREEMENT ON COMPENSATION. AN EMPLOYER WHO FAILS TO DO SO IS LIABLE TO A FINE OF $5 000.

FAILURE OF AN EMPLOYER TO PAY THE INJURED EMPLOYEE PERIODICAL PAYMENTS WITHIN SEVEN DAYS OF THE NORMAL PAY DAY WILL BE AN OFFENCE AND LIABLE TO A FINE OF $5 000.

WITHIN A PERIOD OF 21 DAYS AFTER THE COMMISSIONER HAS ISSUED A CERTIFICATE OF ASSESSMENT OR APPROVED AN AGREEMENT, THE EMPLOYER IS REQUIRED TO PAY THE SPECIFIED AMOUNT OF COMPENSATION TO THE EMPLOYEE. IF THE EMPLOYER FAILS TO PAY WITHOUT REASONABLE EXCUSE HE WILL HAVE TO PAY THE EMPLOYEE A SURCHARGE OF FIVE PER CENT OF THE AMOUNT UNPAID OR $100, WHICHEVER IS GREATER. UPON THE EXPIRY OF THREE MONTHS AFTER THE PAYMENT PERIOD, A FURTHER SURCHARGE OF 10 PER CENT OF THE AMOUNT DUE OR $200, WHICHEVER IS THE GREATER, WILL BE PAYABLE.

THE BILL ALSO PROVIDES THAT THE COURT MAY ORDER THAT INTEREST BE CHARGED ON ANY PART OF THE COMPENSATION FOR A PARTICULAR PERIOD OF TIME.

THE BILL INCREASES FROM $2 000 TO $5 000 THE PENALTY IMPOSED ON AN EMPLOYER WHO DEDUCTS INSURANCE PREMIUMS FROM THE EARNINGS OF HIS EMPLOYEES, AND PROVIDES FOR REPAYMENT OF ANY SUM DEDUCTED.

WITHOUT THE CONSENT OF THE COMMISSIONER FOR LABOUR AN EMPLOYER MAY NOT TERMINATE OR GIVE NOTICE TO TERMINATE THE CONTRACT OF SERVICE OF AN EMPLOYEE BEFORE HE RECOVERS FROM INJURIES RECEIVED DURING AN ACCIDENT ARISING OUT OF AND IN THE COURSE OF HIS EMPLOYMENT OTHERWISE HE IS LIABLE TO A FINE OF $5 000.