MINIMUM WAGE ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Fixing of minimum wage

   4   Establishment of Advisory Commission

      Functions of Advisory Commission

   4B   Power to summon witnesses

   5   Penalty for not paying wages in accordance with minimum rate fixed under the provisions of section 3

   6   Miscellaneous provisions with respect to legal proceedings

   7   Offence by agent

   8   Employers not to receive premium, where minimum rates in force

   9   Prevention of evasion

   10   Burden of proof

   11   Records to be kept

   12   Appointment of officers and power of entry and inspection

   13   Regulations

   14   Minister may amend fines by order

      SCHEDULES

 

THE MINIMUM WAGE ACT

[Date of Commencement: 22nd December, 1938]

Cap 252.

Laws
58 of 1954,
9 of 1956,
34 of 1956,
25 of 1957.

Acts
45 of 1974,
7 of 2007,
2 of 2011.

1   Short title

   This Act may be cited as the Minimum Wage Act.

2   Interpretation

   In this Act-

   "Advisory Commission" means the Minimum Wage Advisory Commission established under section 4;

[45/1974 s 2.]

   "minimum wage" means any national minimum wage or the minimum rate of wages fixed as hereinafter provided in respect of the particular occupation followed by the person concerned and applicable to that person;

   "national minimum wage'' means any minimum wage fixed under section 3 as a national minimum wage.

3   Fixing of minimum wage

   (1) The Minister may by order published in the Gazette fix minimum rates of wages for any occupation in the Island either generally or in any specified area, place or district in any case in which he is satisfied that the wages being paid to any persons employed in any such occupation are unreasonably low, and may, if he is satisfied that it is desirable so to do, fix a national minimum wage applicable, subject to the provisions of this section, to occupations generally.

[45/1974 s 3(a).]

   (2) An order under this section may contain such ancillary provisions as the Minister thinks fit and, without prejudice to the generality of the foregoing-

[45/1974 s 3(b).]

   (a)   may regulate hours of work and other terms and conditions of employment or service in relation to any minimum rates of wages;

   (b)   may fix different minimum rates of wages for workers employed in different categories of establishments engaged in the same occupation;

   (c)   may, notwithstanding that the order fixes a national minimum wage, provide that the national minimum wage shall not apply to any category of workers, or to workers in any area, specified therein or shall apply to such workers subject to such conditions or modifications as may be specified therein.

   (3) The Minister may by order vary or cancel a minimum wage.

   (4) Any minimum wage fixed as aforesaid or the cancellation or variation of any such wage shall become effective as from the date specified in that behalf in the order.

   (5) Any order under this section in relation to a national minimum wage shall be subject to affirmative resolution of the House of Representatives.

[45/1974 s 3(c).]

4   Establishment of Advisory Commission

   (1) There shall be established for the purposes of this Act a body to be known as the Minimum Wage Advisory Commission.

   (2) The provisions of the Second Schedule shall have effect as to the constitution of the Advisory Commission and otherwise in relation thereto.

4A   Functions of Advisory Commission

   The functions of the Advisory Commission shall be-

   (a)   to consider and to advise the Minister on all matters relating to national minimum wages and any other minimum wages which may be fixed under this Act;

   (b)   to obtain and record information in relation to wages and other remuneration, terms and conditions of work and all other factors affecting the circumstances of employment and remuneration of the various categories of workers, to keep such information under continuous review and advise the Minister from time to time as respects the categories of workers in relation to which a minimum wage should be fixed, the wage to be fixed and other matters related thereto;

   (c)   to keep under review all minimum wages fixed by the Minister and the terms and conditions in relation thereto, and to make recommendations to the Minister as respects any variation thereof.

4B">   Power to summon witness

   (1) The Advisory Commission shall have power, for the purpose of the performance of its functions under this Act-

[45/1974 s 4.]

   (a)   by summons signed by the chairman or by the secretary of the Advisory Commission, to summon and enforce the attendance of witnesses and parties concerned, and to compel the production of books or other documents by the same means and, so far as may be, in the same manner as provided in the Witnesses Expenses Act in the case of any legal proceeding before a Court; and

   (b)   to examine witnesses and parties concerned on oath (which oath the chairman or secretary of the Advisory Commission is hereby empowered to administer) so as to elicit all such information as the Advisory Commission may consider necessary and relevant to its deliberations.

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