TRADE BOARDS ORDINANCE

TRADE BOARDS ORDINANCE

CHAPTER 63.

TRADE BOARDS.

To provide machinery for fixing minimum wages, deter-
mining normal working hours, and fixing overtime rates in trades
where the wage standards are unreasonably low.

[21St June, 194o.]

1. This Ordinance may be cited as the Trade Boards Ordinance.

2. (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 notifidation 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.

(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 of
Labour or such other public officer as the Governor may appoint.





(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.

(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.

3. The provisions Of sections 3 to 10 of the Commissioners
Powers Ordinance, shall apply to any Board so appointed.

4. (1) Every Trade Board shall, subject to the provisions of this
section, recommend 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 piece-work, 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.

5. (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 minitnum 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.

(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.





(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 employrnent, 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 he 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 persoii 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.

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 lie shows that the piecerate 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 (i), and a
piecework 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





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 con-
nexion with the work shall be deemed to be wages.

9. (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 hirn to repay to the worker or other person
by whom the payment was made the sum improperly received by way of
premium.

10. (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.

11. Every officer of any Government department for the time being
assisting in carrying this Ordinance into effect, shall be furnished by
the Commissioner of 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.





12. 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.

13. No prosecution under this Ordinance shall be com-
menced without the consent of the Commissioner of Labour.
15 of 1940. 22 of 1950. Short title. Fixing minimum wages in certain cases. Establishment of Trade Boards for trades to which Ordinance applies. 9 Edw. 7, c. 22, s. 11. 9 Edw. 7, c. 22, s. 13. 9 Edw. 7, c. 22, s. 2 ( 2). 9 Edw. 7, c. 22, s. 11 (6). General duties of Trade Boards. 9 Edw. 7, c. 22, s. 3. Application of Cap. 86. Duties and powers of Trade Boards with respect to minimum rates of wages. 9 Edw. 7, c. 22, s. 4. [s. 4 cont.] Penalty for not paying wages in accordance with minimum rate which has been made obligatory. 9 Edw. 7, c. 22, s. 6. 22 of 1950, Schedule. 8 & 9 Geo. 5, c. 32, s. 9 (1). 22 of 1950, Schedule. Liability of agents ad other persons. 8 & 9 Geo. 5, c. 32, s. 5. [s. 6 cont.] 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. Employers not to receive premium where minimum rates in force. 8 & 9 Geo. 5, c. 32, s. 7. 22 of 1950, Schedule. Powers of officers. 9 Edw. 7, c. 22, s. 15. [s. 10 cont.] 22 of 1950, Schedule. 22 of 1950, Schedule. Officers to produce certificates when required. 9 Edw. 7, c. 22, s. 16. Power to conduct proceedings. 9 Edw. 7, c. 22, s. 17 (2). Consent of Commissioner to prosecution.

15 of 1940. 22 of 1950. Short title. Fixing minimum wages in certain cases. Establishment of Trade Boards for trades to which Ordinance applies. 9 Edw. 7, c. 22, s. 11. 9 Edw. 7, c. 22, s. 13. 9 Edw. 7, c. 22, s. 2 ( 2). 9 Edw. 7, c. 22, s. 11 (6). General duties of Trade Boards. 9 Edw. 7, c. 22, s. 3. Application of Cap. 86. Duties and powers of Trade Boards with respect to minimum rates of wages. 9 Edw. 7, c. 22, s. 4. [s. 4 cont.] Penalty for not paying wages in accordance with minimum rate which has been made obligatory. 9 Edw. 7, c. 22, s. 6. 22 of 1950, Schedule. 8 & 9 Geo. 5, c. 32, s. 9 (1). 22 of 1950, Schedule. Liability of agents ad other persons. 8 & 9 Geo. 5, c. 32, s. 5. [s. 6 cont.] 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. Employers not to receive premium where minimum rates in force. 8 & 9 Geo. 5, c. 32, s. 7. 22 of 1950, Schedule. Powers of officers. 9 Edw. 7, c. 22, s. 15. [s. 10 cont.] 22 of 1950, Schedule. 22 of 1950, Schedule. Officers to produce certificates when required. 9 Edw. 7, c. 22, s. 16. Power to conduct proceedings. 9 Edw. 7, c. 22, s. 17 (2). Consent of Commissioner to prosecution.

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