CAP. 63]
Trade Boards.
[s. 6 cont.] employed on the premises of that other person, that other person shall for the purposes of the provisions of this Ordinance relating to the penalty for not paying wages in accordance with the minimum rate be deemed to be the employer of the worker jointly with the immediate employer.
Provision for case of persons employed by piece-work where a minimum time-rate but no general minimum piece-rate has been fixed.
9 Edw. 7, c. 22, s. 8.
Prevention of evasion. 9 Edw. 7, c. 22, s. 9.
7. (1) An employer shall, in cases where persons are employed on piece-work and a general minimum time-rate but no general minimum piece-rate has been fixed, be deemed to pay wages at less than the minimum rate-
(a) in cases where a special minimum piece-rate has been fixed under the provisions of this Ordinance for persons employed by that employer, if the rate of wages paid is less than that special minimum piece-rate; and
(b) in cases where a special minimum piece-rate has not been so fixed, unless he shows that the piece-rate of wages paid would yield, in the circumstances of the case, to an ordinary worker at least the same amount of money as the basis rate.
(2) For the purpose of this section the expression "basis rate" 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.
(3) 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 subsection (1), 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.
8. Any shopkeeper, dealer or trader, who by way of trade makes any arrangement express or implied with any worker in pursuance of which the worker performs any work for which a minimum rate of wages has been fixed under
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Page 6
CAP. 63]
Trade Boards.
[s. 6 cont.] employed on the premises of that other person, that other person shall for the purposes of the provisions of this Ordinance relating to the penalty for not paying wages in accordance with the minimum rate be deemed to be the employer of the worker jointly with the immediate employer.
Provision for case of persons em- ployed by piece-work where a minimum time-rate but no general minimum
piece-rate
has been
fixed.
9 Edw. 7, c. 22, s. 8.
Prevention
of evasion. 9 Edw. 7, c.
22, s. 9.
7. (1) An employer shall, in cases where persons are employed on piece-work and a general minimum time-rate but no general minimum piece-rate has been fixed, be deemed to pay wages at less than the minimum rate-
(a) in cases where a special minimum piece-rate has been fixed under the provisions of this Ordinance for persons employed by that employer, if the rate of wages paid is less than that special minimum piece-rate; and
(b) in cases where a special minimum piece-rate has not been so fixed, unless he shows that the piece- rate of wages paid would yield, in the circum- stances of the case, to an ordinary worker at least the same amount of money as the basis rate.
(2) For the purpose of this section the expression "basis rate" 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.
(3) 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 subsection (1), 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.
8. Any shopkeeper, dealer or trader, who by way of trade makes any arrangement express or implied with any worker in pursuance of which the worker performs any work for which a minimum rate of wages has been fixed under
434
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