(CHAPTER 63)
(CHAPTER 63)
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Trade Boards and minimum wages
3. Application of Cap. 86
4. Duties and powers of Trade Boards with respect to minimum rates of
wages
5. Penalty for not paying wages in accordance with minimum rate which has
been made obligatory
6. Liability of agents and other persons
7. Provision for case of persons employed by piecework where a minimum
time-rate but no general minimum piece-rate has been fixed
8. Prevention of evasion
9. Employers not to receive premium where minimum rates in force
10. Powers of officers
11. Officers to produce certificates when required
12. Power to conduct proceedings
13. Consent of Commissioner to prosecution
To provide machinery for fixing minimum wages, determining normal working
hours, and fixing overtime rates in trades where the wage standards are
unreasonably low. [21 June 1940]
Whole Document
1. Short title
This 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 Government
notification published in the Gazette, fix minimum rates of wages for any
trade in the Colony either generally or in any specified area or district
in any case in which he is satisfied that the minimum rates of wages being
paid to any persons employed in any such trade are unreasonably low. Every
notification fixing minimum rates of wages may be varied from time to time
or revoked.
(2) For the purpose of instituting, making, and conducting any inquiry
that may be deemed advisable in connexion with fixing any minimum rates of
wages in any trade under this Ordinance, and for reporting thereon, the
Governor may at any time establish for any trade, or for any branch of
work in a trade, a Trade Board, consisting of members representing
employers and members representing workers, in this Ordinance referred to
as representative members, in equal proportions, and of appointed members,
provided that the number of appointed members shall be less than half the
total number of representative members. Where a Trade Board has been
established for any branch of work in a trade, any reference in this
Ordinance to the trade for which the Board is established shall be
construed as a reference to the branch of work in the trade for which the
Board 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 or
such other public officer as the Governor may appoint. (Amended L. N. 142
of 1974)
(5) All members shall be appointed by the Governor, but the employers and
workers may nominate representatives for appointment, subject to the
Governor' s approval, as representative members.
(6) In order to constitute a meeting of a Trade Board, at least one-third
of the whole number of the representative members and at least one
appointed 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, any
matter referred to them by the Governor with reference to the industrial
conditions of the trade, and shall make a report upon the matter to the
Governor. [cf. 1909 c. 22 s. 3 U. K.]
3. Application of Cap. 86
The provisions of sections 3 to 10 of the Commissioners Powers Ordinance
shall apply to any Board so appointed.
4. Duties and powers of Trade Boards with respect to minimum rates of
wages
Every Trade Board shall, subject to the provisions of this section,
recommended a minimum rate of wages for time-work in their trade, in this
Ordinance referred to as a general minimum time-rate, and may also
recommend for their trade-
(a) a general minimum rate of wages for piecework, in this Ordinance
referred to as a general minimum piece-rate;
(b) a minimum time-rate (which shall not be higher than the general
minimum time-rate) to apply in the case of workers employed on piece-work
for the purpose of securing to such workers a minimum rate of remuneration
on a time-work basis, in this Ordinance referred to as a guaranteed
time-rate;
(c) a minimum rate (whether a time-rate or a piece-rate) to apply, in
substitution for the minimum rate which would otherwise be applicable, in
respect of hours worked by a worker in any week or on any day in excess of
the number of hours considered by the Trade Board to be the normal number
of hours of work per week or for that day in the trade, in this Ordinance
referred to as an overtime rate.
Any of the minimum rates aforesaid 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. If
a Trade Board report to the Governor that it is impracticable in any case
to fix a general minimum time-rate in accordance with this section, the
Governor may so far as respects that case relieve the Trade Board of their
duty.
[cf. 1909 c. 22 s. 4 U. K.]
5. Penalty for not paying wages in accordance with minimum rate which has
been made obligatory
(1) Where any minimum rate of wages has been fixed by the Governor in
Council under this Ordinance, an employer shall, in cases to which the
minimum rate is applicable, pay wages to the person employed at not less
than the minimum rate clear of all deductions, and if he fails to do so
shall be liable on summary conviction in respect of each offence to a fine
of five hundred dollars and to a fine of fifty dollars for each day on
which the offence is continued after conviction therefor. (Amended 22 of
1950 Schedule)
(2) On the conviction of an employer under this section for failing to pay
wages at not less than the minimum rate to a person employed, the court
may by the conviction adjudge the employer convicted to pay, in addition
to any fine, such sum as appears to the court to be due to the person
employed on account of wages, the wages being calculated on the basis of
the minimum rate, but the power to order the payment of wages under this
provision shall not be in derogation of any right of the person employed
to recover wages by any other proceedings.
(3) Where an employer has been convicted for failing to pay wages at not
less than the minimum rate to any worker, then, if notice of intention so
to do has been served with the summons, warrant, or complaint, evidence
may be given of any failure on the part of the employer to pay wages at
not less than the minimum rate to that worker at any time during the two
years immediately preceding the date on which the information was laid or
the complaint was served, and on proof of the failure the court may order
the employer to pay such sum as in the opinion of the court represents the
difference between the amount which, having regard to the provisions of
this Ordinance, ought properly to have been paid to the worker by way of
wages during those years and the amount actually so paid. [cf. 1918 c. 32
s. 9 (1) U. K.]
(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. (Amended 22 of 1950
Schedule)
(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 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.
[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 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 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.
[cf. 1918 c. 32 s. 5 U. K.]
7. Provision for case of persons employed by piece-work where a minimum
time-rate but no general minimum piece-rate has been fixed
(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.
[cf. 1909 c. 22 s. 8 U. K.]
8. Prevention of evasion
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 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.
[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 of
wages fixed by the Governor in Council applies, is an apprentice or
learner, it shall not be lawful for his employer to receive directly or
indirectly from 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 provision, he shall be
liable on summary conviction in respect of each offence to a fine of five
hundred dollars, and the court may by the conviction, in addition to
imposing a fine, adjudge him to repay to the worker or other person by
whom 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 assisting
in carrying this Ordinance into effect shall have power for the
performance of his duties-
(a) to require the production of wages sheets or other record of wages by
an employer, and records of payments made to outworkers by persons giving
out work, and to inspect and examine the same and copy any material part
thereof;
(b) to require any person giving out work and any outworker to give any
information which it is in his power to give with respect to the names and
addresses of the persons to whom the work is given out or from whom the
work is received, as the case may be, and with respect to the payments to
be made for the work;
(c) at all reasonable times to enter any factory or workshop or any place
used for giving out work to outworkers;
(d) to inspect and copy any material part of any list of outworkers kept
by an employer or person giving out work to outworkers; and
(e) to examine, either alone or in the presence of any other person, as he
thinks fit, with respect to any matters under this Ordinance any person
whom he finds in any factory or workshop or any place used for giving out
work to outworkers, or whom he has reasonable cause to believe to be or to
have been a worker in any trade to which a minimum rate under this
Ordinance is applicable, and to require every such person to be so
examined, and to sign a declaration of the truth of the matters in respect
of which he is so examined.
(2) If any person fails to furnish the means required by an officer as
necessary for any entry or inspection or the exercise of his powers under
this section, or if any person hinders or molests any officer in the
exercise of the powers given by this section, or refuses to produce any
document or give any information which any officer requires him to produce
or give under the powers given by this section, that person shall be
liable on summary conviction in respect of each offence to a fine of two
hundred 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, or
record of payments, or any list of outworkers which is false in any
material particular, or produces or causes to be produced, or knowingly
allows to be produced any such sheet, record or list to any officer acting
in the exercise of the powers given by this section, knowing the same to
be false, or furnishes any information to any such officer knowing the
same to be false, he shall be liable on summary conviction to a fine of
five hundred dollars or to imprisonment for three months. (Amended 22 of
1950 Schedule)
[cf. 1909 c. 22 s. 15 U. K.]
11. Officers to produce certificates when required
Every officer of any Government department for the time being assisting in
carrying this Ordinance into effect, shall be furnished by the
Commissioner for Labour with a certificate of his appointment, and when
acting under any or exercising any power conferred upon him by this
Ordinance shall, if so required, produce the said certificate to any
person or persons affected. (Amended L. N. 142 of 1974)
[cf. 1909 c. 22 s. 16 U. K.]
12. Power to conduct proceedings
Any such officer may, although not a barrister or solicitor, prosecute or
conduct before a court of summary jurisdiction any proceedings arising
under this Ordinance. [cf. 1909 c. 22 s. 17 (2) U. K.]
13. Consent of Commissioner to prosecution
No prosecution under this Ordinance shall be commenced without the consent
of the Commissioner for Labour.
[Amended L. N. 142 of 1974]
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 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.
[cf. 1918 c. 32 s. 5 U. K.]
7. Provision for case of persons employed by piece-work where a minimum
time-rate but no general minimum piece-rate has been fixed
(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.
[cf. 1909 c. 22 s. 8 U. K.]
8. Prevention of evasion
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 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.
[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 of
wages fixed by the Governor in Council applies, is an apprentice or
learner, it shall not be lawful for his employer to receive directly or
indirectly from 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 provision, he shall be
liable on summary conviction in respect of each offence to a fine of five
hundred dollars, and the court may by the conviction, in addition to
imposing a fine, adjudge him to repay to the worker or other person by
whom 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 assisting
in carrying this Ordinance into effect shall have power for the
performance of his duties-
(a) to require the production of wages sheets or other record of wages by
an employer, and records of payments made to outworkers by persons giving
out work, and to inspect and examine the same and copy any material part
thereof;
(b) to require any person giving out work and any outworker to give any
information which it is in his power to give with respect to the names and
addresses of the persons to whom the work is given out or from whom the
work is received, as the case may be, and with respect to the payments to
be made for the work;
(c) at all reasonable times to enter any factory or workshop or any place
used for giving out work to outworkers;
(d) to inspect and copy any material part of any list of outworkers kept
by an employer or person giving out work to outworkers; and
(e) to examine, either alone or in the presence of any other person, as he
thinks fit, with respect to any matters under this Ordinance any person
whom he finds in any factory or workshop or any place used for giving out
work to outworkers, or whom he has reasonable cause to believe to be or to
have been a worker in any trade to which a minimum rate under this
Ordinance is applicable, and to require every such person to be so
examined, and to sign a declaration of the truth of the matters in respect
of which he is so examined.
(2) If any person fails to furnish the means required by an officer as
necessary for any entry or inspection or the exercise of his powers under
this section, or if any person hinders or molests any officer in the
exercise of the powers given by this section, or refuses to produce any
document or give any information which any officer requires him to produce
or give under the powers given by this section, that person shall be
liable on summary conviction in respect of each offence to a fine of two
hundred 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, or
record of payments, or any list of outworkers which is false in any
material particular, or produces or causes to be produced, or knowingly
allows to be produced any such sheet, record or list to any officer acting
in the exercise of the powers given by this section, knowing the same to
be false, or furnishes any information to any such officer knowing the
same to be false, he shall be liable on summary conviction to a fine of
five hundred dollars or to imprisonment for three months. (Amended 22 of
1950 Schedule)
[cf. 1909 c. 22 s. 15 U. K.]
11. Officers to produce certificates when required
Every officer of any Government department for the time being assisting in
carrying this Ordinance into effect, shall be furnished by the
Commissioner for Labour with a certificate of his appointment, and when
acting under any or exercising any power conferred upon him by this
Ordinance shall, if so required, produce the said certificate to any
person or persons affected. (Amended L. N. 142 of 1974)
[cf. 1909 c. 22 s. 16 U. K.]
12. Power to conduct proceedings
Any such officer may, although not a barrister or solicitor, prosecute or
conduct before a court of summary jurisdiction any proceedings arising
under this Ordinance. [cf. 1909 c. 22 s. 17 (2) U. K.]
13. Consent of Commissioner to prosecution
No prosecution under this Ordinance shall be commenced without the consent
of the Commissioner for Labour.
[Amended L. N. 142 of 1974]
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