Trade Boards.
[CAP. 63
(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 he fails to do so he shall be liable on summary conviction in respect of each offence to a fine of five hundred dollars and also to a fine of twenty-five dollars for every day during which the default continues after conviction.
(5) On any prosecution of a person for failing to pay wages 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.
(6) Any agreement for the payment of wages in contravention of this provision shall be void.
6. (1) Where an offence for which an employer is by virtue of this Ordinance liable to a fine has in fact been committed by some agent of the employer or other person, that agent or other person shall be liable to be proceeded against for the offence in the same manner as if he were the 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 is liable.
(2) Where an employer who is charged with an offence against this Ordinance proves to the satisfaction of the court that he has used due diligence to enforce the execution of the Ordinance and that the offence was in fact committed by his agent or some other person without his knowledge, consent, or connivance, he shall, in the event of the conviction of that agent or other person for the offence, be exempt from any fine in respect of the offence, without prejudice, however, to the power of the court under subsections (2) and (3) of section 5 to adjudge him to pay any sum which appears to the court to be due to the person employed on account of wages.
(3) Where the immediate employer of any worker to whom a minimum rate of wages applies is himself in the employment of some other person and that worker is
433
Schedule.
agents and
Liability of other persons.
8 & 9 Geo. 5, c. 32, s. 5.
22 of 1950,
was repositioned to(4) ... to a fine of twenty-five
22 of 1950, dollars ...
(4) ... to a fine of twenty-five dollars ...
to reflect the original text more accurately as the '22 of 1950' appears to be an unrelated ordinance number or reference that was mistakenly placed within the sentence. The corrected version removes this anomaly. The rest of the text is formatted according to the given instructions.Trade Boards.
[CAP. 63
(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 he fails to do so he shall be liable on summary conviction in respect of each offence to a fine of five hundred dollars and also to a fine of twenty-five 22 of 1950, dollars for every day during which the default continues. after conviction.
(5) On any prosecution of a person for failing to pay wages 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.
(6) Any agreement for the payment of wages in con- travention of this provision shall be void.
6. (1) Where an offence for which an employer is by virtue of this Ordinance liable to a fine has in fact been committed by some agent of the employer or other person, that agent or other person shall be liable to be proceeded against for the offence in the same manner as if he were the employer, and either together with, or before or after the conviction of, the employer, and shall be liable on con- viction to the same punishment as that to which the employer is liable.
(2) Where an employer who is charged with an offence against this Ordinance proves to the satisfaction of the court that he has used due diligence to enforce the execution of the Ordinance and that the offence was in fact committed by his agent or some other person without his knowledge, consent, or connivance, he shall, in the event of the convic- tion of that agent or other person for the offence, be exempt from any fine in respect of the offence, without prejudice, however, to the power of the court under subsections (2) and (3) of section 5 to adjudge him to pay any sum which appears to the court to be due to the person employed on account of wages.
(3) Where the immediate employer of any worker to whom a minimum rate of wages applies is himself in the employment of some other person and that worker is
433
Schedule.
agents and
Liability of other persons.
8 & 9 Geo. 5,
c. 32, s. 5.
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