滚动新闻:
首页 >> 保险理赔

行业委员会条例英文版

来源: 时间:2018-07-13 18:16:16

行业委员会条例(英文版)

TRADE BOARDS ORDINANCE (CHAPTER 63) ARRANGEMENT OF SECTIONSSection1. Short title2. Trade Boards and minimum wages3. Application of Cap. 864. Duties and powers of Trade Boards with respect to minimum rates of wages5. Penalty for not paying wages in accordance with minimum rate which has been made obligatory6. Liability of agents and other persons7. Provision for case of persons employed by piecework where a minimum time-rate but no general minimum piece-rate has been fixed8. Prevention of evasion9. Employers not to receive premium where minimum rates in force10. Powers of officers11. Officers to produce certificates when required12. Power to conduct proceedings13. Consent of Commissioner to prosecutionTo provide machinery for fixing minimum wages, determining normal workinghours, and fixing overtime rates in trades where the wage standards areunreasonably low. [21 June 1940] Whole Document1. Short titleThis Ordinance may be cited as the Trade Boards Ordinance.2. Trade Boards and minimum wages(1) The Governor in Council may, at any time he thinks fit, by Governmentnotification published in the Gazette, fix minimum rates of wages for anytrade in the Colony either generally or in any specified area or districtin any case in which he is satisfied that the minimum rates of wages beingpaid to any persons employed in any such trade are unreasonably low. Everynotification fixing minimum rates of wages may be varied from time to timeor revoked.(2) For the purpose of instituting, making, and conducting any inquirythat may be deemed advisable in connexion with fixing any minimum rates ofwages in any trade under this Ordinance, and for reporting thereon, theGovernor may at any time establish for any trade, or for any branch ofwork in a trade, a Trade Board, consisting of members representingemployers and members representing workers, in this Ordinance referred toas representative members, in equal proportions, and of appointed members,provided that the number of appointed members shall be less than half thetotal number of representative members. Where a Trade Board has beenestablished for any branch of work in a trade, any reference in thisOrdinance to the trade for which the Board is established shall beconstrued as a reference to the branch of work in the trade for which theBoard has been established. [cf. 1909 c. 22 ss. 2 (2), 11 & 13 U. K.](3) Women shall be eligible as members of Trade Boards as well as men.(4) The Chairman of a Trade Board shall be the Commissioner for Labour orsuch other public officer as the Governor may appoint. (Amended L. N. 142of 1974)(5) All members shall be appointed by the Governor, but the employers andworkers may nominate representatives for appointment, subject to theGovernor' s approval, as representative members.(6) In order to constitute a meeting of a Trade Board, at least one-thirdof the whole number of the representative members and at least oneappointed member must be present. [cf. 1909 c. 22 s. 11 (6) U. K.](7) A Trade Board for any trade shall consider, as occasion requires, anymatter referred to them by the Governor with reference to the industrialconditions of the trade, and shall make a report upon the matter to theGovernor. [cf. 1909 c. 22 s. 3 U. K.]3. Application of Cap. 86The provisions of sections 3 to 10 of the Commissioners Powers Ordinanceshall apply to any Board so appointed.4. Duties and powers of Trade Boards with respect to minimum rates ofwagesEvery Trade Board shall, subject to the provisions of this section,recommended a minimum rate of wages for time-work in their trade, in thisOrdinance referred to as a general minimum time-rate, and may alsorecommend for their trade--(a) a general minimum rate of wages for piecework, in this Ordinancereferred to as a general minimum piece-rate;(b) a minimum time-rate (which shall not be higher than the generalminimum time-rate) to apply in the case of workers employed on piece-workfor the purpose of securing to such workers a minimum rate of remunerationon a time-work basis, in this Ordinance referred to as a guaranteedtime-rate;(c) a minimum rate (whether a time-rate or a piece-rate) to apply, insubstitution for the minimum rate which would otherwise be applicable, inrespect of hours worked by a worker in any week or on any day in excess ofthe number of hours considered by the Trade Board to be the normal numberof hours of work per week or for that day in the trade, in this Ordinancereferred to as an overtime y of the minimum rates aforesaid may be fixed so as to apply universallyto the trade or so as to apply to any special process in the work of thetrade or to any special area, or to any class of workers in the trade, orto any class of workers in any special process or in any special area. Ifa Trade Board report to the Governor that it is impracticable in any caseto fix a general minimum time-rate in accordance with this section, theGovernor may so far as respects that case relieve the Trade Board of theirduty.[cf. 1909 c. 22 s. 4 U. K.]5. Penalty for not paying wages in accordance with minimum rate which hasbeen made obligatory(1) Where any minimum rate of wages has been fixed by the Governor inCouncil under this Ordinance, an employer shall, in cases to which theminimum rate is applicable, pay wages to the person employed at not lessthan the minimum rate clear of all deductions, and if he fails to do soshall be liable on summary conviction in respect of each offence to a fineof five hundred dollars and to a fine of fifty dollars for each day onwhich the offence is continued after conviction therefor. (Amended 22 of1950 Schedule)(2) On the conviction of an employer under this section for failing to paywages at not less than the minimum rate to a person employed, the courtmay by the conviction adjudge the employer convicted to pay, in additionto any fine, such sum as appears to the court to be due to the personemployed on account of wages, the wages being calculated on the basis ofthe minimum rate, but the power to order the payment of wages under thisprovision shall not be in derogation of any right of the person employedto recover wages by any other proceedings.(3) Where an employer has been convicted for failing to pay wages at notless than the minimum rate to any worker, then, if notice of intention soto do has been served with the summons, warrant, or complaint, evidencemay be given of any failure on the part of the employer to pay wages atnot less than the minimum rate to that worker at any time during the twoyears immediately preceding the date on which the information was laid orthe complaint was served, and on proof of the failure the court may orderthe employer to pay such sum as in the opinion of the court represents thedifference between the amount which, having regard to the provisions ofthis Ordinance, ought properly to have been paid to the worker by way ofwages during those years and the amount actually so paid. [cf. 1918 c. 32s. 9 (1) U. K.](4) It shall be the duty of every employer in a trade to which a minimumrate is applicable, to keep such records of wages as are necessary to showthat the provisions of this Ordinance are being complied with as respectspersons in his employment, and if he fails to do so he shall be liable onsummary conviction in respect of each offence to a fine of five hundreddollars and also to a fine of twenty-five dollars for every day duringwhich the default continues after conviction. (Amended 22 of 1950Schedule)(5) On any prosecution of a person for failing to pay wages at not lessthan the minimum rate, it shall lie on that person to prove that has notpaid wages at less than the minimum rate.(6) Any agreement for the payment of wages in contravention of thisprovision shall be void.[cf. 1909 c. 22 s. 6 U. K.]6. Liability of agents and other persons(1) Where an offence for which an employer is by virtue of this Ordinanceliable to a fine has in fact been committed by some agent of the employeror other person, that agent or other person shall be liable to beproceeded against for the offence in the same manner as if he were theemployer, and either together with, or before or after the conviction of,the employer, and shall be liable on conviction to the same punishment asthat to which the employer is liable.(2) Where an employer who is charged with an offence against thisOrdinance proves to the satisfaction of the court that he has used duediligence to enforce the execution of the Ordinance, and that the offencewas in fact committed by his agent or some other person without hisknowledge, consent, or connivance, he shall, in the event of theconviction of that agent or other person for the offence, be exempt fromany fine in respect of the offence, without prejudice, however, to thepower of the court under subsections (2) and (3) of section 5 to adjudgehim to pay any sum which appears to the court to be due to the personemployed on account of wages.(3) Where the immediate employer of any worker to whom a minimum rate ofwages applies is himself in the employment of some other person and thatworker is employed on the premises of that other person, that other personshall for the purposes of the provisions of this Ordinance relating to thepenalty for not paying wages in accordance with the minimum rate be deemedto be the employer of the worker jointly with the immediate employer.[cf. 1918 c. 32 s. 5 U. K.]7. Provision for case of persons employed by piece-work where a minimumtime-rate but no general minimum piece-rate has been fixed(1) An employer shall, in cases where persons are employed on piece-workand a general minimum time-rate but no general minimum piece-rate has beenfixed, be deemed to pay wages at less than the minimum rate--(a) in cases where a special minimum piece-rate has been fixed under theprovisions of this Ordinance for persons employed by that employer, if therate 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 thecircumstances of the case, to an ordinary worker at least the same amountof money as the basis rate.(2) For the purpose of this section the expression "basis rate" means thegeneral minimum time-rate or, where a rate, in this Ordinance referred toas a piece-work basis time-rate, has been fixed by the Governor in Councilfor the purpose of being substituted for the general minimum time-rate asthe basis rate, the rate so fixed.(3) The Governor in Council may fix a piece-work basis time-rate in anycase in which, having regard to all the circumstances of the case, he isof opinion that the general minimum time-rate does not form a proper basisfor the purposes of paragraph (b) of subsection (1), and a piece-workbasis time-rate may be higher or lower than the general minimum time-rateand may be fixed so as to apply universally to the trade or so as to applyto any special process in the work of the trade or to any special area, orto any class of workers in the trade or to any class of workers in anyspecial process or in any special area.[cf. 1909 c. 22 s. 8 U. K.]8. Prevention of evasionAny shopkeeper, dealer, or trader, who by way of trade makes anyarrangement express or implied with any worker in pursuance of which theworker performs any work for which a minimum rate of wages has been fixedunder this Ordinance, shall be deemed for the purposes of this Ordinanceto be the employer of the worker, and the net remuneration obtainable bythe worker in respect of the work after allowing for his necessaryexpenditure in connexion with the work shall be deemed to be wages.[cf. 1909 c. 22 s. 9 U. K.]9. Employers not to receive premium where minimum rates in force(1) Where a worker in any trade, being a person to whom a minimum rate ofwages fixed by the Governor in Council applies, is an apprentice orlearner, it shall not be lawful for his employer to receive directly orindirectly from him, or on his behalf or on his account, any payment byway of premium:Provided that nothing in the foregoing provisions shall apply to any suchpayment duly made in pursuance of any instrument of apprenticeship notlater than four weeks after the commencement of the employment.(2) If any employer acts in contravention of this provision, he shall beliable on summary conviction in respect of each offence to a fine of fivehundred dollars, and the court may by the conviction, in addition toimposing a fine, adjudge him to repay to the worker or other person bywhom the payment was made the sum improperly received by way of premium.(Amended 22 of 1950 Schedule)[cf. 1918 c. 32 s. 7 U. K.]10. Powers of officers(1) Any officer of any Government department for the time being assistingin carrying this Ordinance into effect shall have power for theperformance of his duties--(a) to require the production of wages sheets or other record of wages byan employer, and records of payments made to outworkers by persons givingout work, and to inspect and examine the same and copy any material partthereof;(b) to require any person giving out work and any outworker to give anyinformation which it is in his power to give with respect to the names andaddresses of the persons to whom the work is given out or from whom thework is received, as the case may be, and with respect to the payments tobe made for the work;(c) at all reasonable times to enter any factory or workshop or any placeused for giving out work to outworkers;(d) to inspect and copy any material part of any list of outworkers keptby an employer or person giving out work to outworkers; and(e) to examine, either alone or in the presence of any other person, as hethinks fit, with respect to any matters under this Ordinance any personwhom he finds in any factory or workshop or any place used for giving outwork to outworkers, or whom he has reasonable cause to believe to be or tohave been a worker in any trade to which a minimum rate under thisOrdinance is applicable, and to require every such person to be soexamined, and to sign a declaration of the truth of the matters in respectof which he is so examined.(2) If any person fails to furnish the means required by an officer asnecessary for any entry or inspection or the exercise of his powers underthis section, or if any person hinders or molests any officer in theexercise of the powers given by this section, or refuses to produce anydocument or give any information which any officer requires him to produceor give under the powers given by this section, that person shall beliable on summary conviction in respect of each offence to a fine of twohundred and fifty dollars; and, if any person makes, or causes to be made,or knowingly allows to be made any wages sheet, or record of wages, orrecord of payments, or any list of outworkers which is false in anymaterial particular, or produces or causes to be produced, or knowinglyallows to be produced any such sheet, record or list to any officer actingin the exercise of the powers given by this section, knowing the same tobe false, or furnishes any information to any such officer knowing thesame to be false, he shall be liable on summary conviction to a fine offive hundred dollars or to imprisonment for three months. (Amended 22 of1950 Schedule)[cf. 1909 c. 22 s. 15 U. K.]11. Officers to produce certificates when requiredEvery officer of any Government department for the time being assisting incarrying this Ordinance into effect, shall be furnished by theCommissioner for Labour with a certificate of his appointment, and whenacting under any or exercising any power conferred upon him by thisOrdinance shall, if so required, produce the said certificate to anyperson or persons affected. (Amended L. N. 142 of 1974)[cf. 1909 c. 22 s. 16 U. K.]12. Power to conduct proceedingsAny such officer may, although not a barrister or solicitor, prosecute orconduct before a court of summary jurisdiction any proceedings arisingunder this Ordinance. [cf. 1909 c. 22 s. 17 (2) U. K.]13. Consent of Commissioner to prosecutionNo prosecution under this Ordinance shall be commenced without the consentof the Commissioner for Labour.[Amended L. N. 142 of 1974]