604218-1940-Supplementary-Bills-read-a-first-time---Trade-Boards--Advertisements-Regulation-Amendment--New-Territories-Regulation-Amendment--Defences-Sketching-Prevention--Amendment — Page 4

581

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- ance 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.

persons em-

7.-(1) An employer shall, in cases where persons are Provision employed on piece-work and a general minimum time-rate for case of but no general minimum piece-rate has been fixed, be deemed ployed by to pay wages at less than the minimum rate—

piece-work where a minimum

general

(a) in cases where a special minimum piece-rate has time-rate been fixed under the provisions of this Ordinance for persons but no employed by that employer, if the rate of wages paid is less minimum than that special minimum piece-rate; and

piece-rate has been fixed.

9 Edw. 7, c.

(b) in cases where a special minimum piece-rate has not been so fixed, unless he shows that the piece-rate of wages 22, s. 8. paid would yield, in the circumstances of the case, to an ordinary worker at least the same amount of money as the basis rate.

rate

(2) For the purpose of this section the expression "basis means the general minimum time-rate or, where a rate (in this Ordinance referred to as a piece-work basis 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 workers in any special process or in any special area.

of evasion.

.22; s. 9.

8. Any shopkeeper, dealer or trader, who by way of Prevention trade makes any arrangement express or implied with any worker in pursuance of which the worker performs any work 9 Edw. 7, c. 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.

receive pre-

9. (1) Where a worker in any trade, being a person Employers to whom a minimum rate of wages fixed by the Governor in not to Council applies, is an apprentice or learner, it shall not be mium where lawful for his employer to receive directly or indirectly from minimum 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

rates in

force.

8 & 9 Geo. 5, c. 32, s. 7.