PNEUMOCONIOSIS (COMPENSATION) (COMPENSATION) (COMPUTATION OF EARNINGS) REGULATIONS

PNEUMOCONIOSIS (COMPENSATION) (COMPENSATION) (COMPUTATION OF EARNINGS) REGULATIONS

PNEUMOCONIOSIS (COMPENSATION) (COMPUTATION
OF EARNINGS) REGULATIONS

Cap. 360, section 47)

[1 January 1981.]

1. These regulations may be cited as the Pneumoconiosis
(Compensation) (Computation of Earnings) Regulations.

2. For the purposes of the Ordinance. earnings include-

(a)any privilege or benefit which is capable of being ~ated in
money.,

(b)the value of any food, fuel or quarters supplied to an
employee by his employer if, as the result of the employee's
incapacity, the employee is deprived of such food. fuel or
quarters;

(c)any overtime payments or other special remuneration for work
done, whether by way of bonus, allowance or otherwise. if of
constant character or for work habitually performed;

(d)tips if the employment be of such a nature that the habitual
giving or receiving thereof is open and notorious and is
recognized by the employer.

but earnings do not include-

remuneration for intermittent overtime;

(ii) casual payments of a non-recurrent nature;

(iii) the value of a travelling allowance or a travelling concession;

(iv) a contribution paid by the employer of an employee towards
any pension or provident fund; or

(v) a slim paid to an employee to cover any special expenses
entailed on him by the nature of his employment.

1 (1) For the purposes of the Ordinance. the monthly earnings of a
person shall be computed in such manner as is best calculated to give
the rates per month at which the person was being remunerated during
the previous 12 months if he has been

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so long employed by the same employer. but, if not, then for any less
period during which he has been in the employment of the same
employer.

(2) Where by reason of the shortness of the time during which a
person has been m the employment of his employer or of the casual
nature of the employment, or of the terms of employment,





it is impracticable to compute the rate of remuneration of such person at
the date of the incapacity, regard may be had to the average monthly
amount which, during the 12 months previous to the date of the
incapacity, was being earned by a person of similar earning capacity in
the same grade employed at the same work by the same employer, or. if
there is no person so employed, by a person of similar earning capacity
in the same grade employed in the same class of employment and in the
same district.

(3) Where a person-

(a) is carrying on a trade, business or profession; or

(b)is not employed in any employment, or is not carrying on any
trade, business or profession.

at the date of incapacity. his monthly earnings shall be deemed to be the
overall daily wages earned during the calendar month immediately
preceding such date by persons or classes of persons engaged in
Government building and construction works multiplied by 26.

(4) For the purposes of paragraph (3) the overall average daily
wages shall be ascertained from monthly surveys compiled by the
Commissioner for Census and Statistics and the persons or classes of
persons engaged in Government building and construction works shall
be as specified from time to time by the Commissioner for Census and
Statistics.

(5) Except for paragraph (3), where a person was. at the date of the
incapacity, under the age of 18 years his earnings shall, for the purposes
of assessing compensation payable in the case of permanent incapacity,
be deemed to be such amount as, if the incapacity had not occurred, he
would probably have received upon attaining the age of 18 years, or at
the end of a period of 5 years after the incapacity, whichever calculation
is more favourable to the person.

(6) Where a person was, at the date of the incapacity, employed
under a contract of apprenticeship his earnings shall. for the purposes of
assessing compensation payable in the case of permanent incapacity, be
deemed to be such amount as, if the incapacity had not occurred. he
would probably have received upon the completion of his contract of
apprenticeship.

(7) Where the earnings of a person calculated under any of
the provisions of this regulation amount to less than $100 per
month, the earnings of such person shall, for the purposes of the
Ordinance, be deemed to be $100 per month.

(8) For the purposes of paragraphs (1) and (2), employment by the
same employer shall be taken to mean employment by the same
employer in the grade in which the person was employed at





th e time of the incapacity. uninterrupted by absence from work due to
illness or any other unavoidable cause.

(9) Subject to paragraphs (10) and (11) where the person had
entered into concurrent contracts of service with 2 or more employers
under which he worked at one time for one such employer and at
another time for another such employer, his monthly earnings shall be
computed as if his earnings under all such contracts were earnings in
the employment of the employer for whom he was working at the time of
the incapacity.

(10) The earnings of the person under the concurrent contract shall
be taken into account only so far as the person is incapacitated from
performing the concurrent contract.

(11) Paragraphs (9) and (10) shall not apply where a person is in the
full time employment of that employer for whom he was working at the
time of the incapacity, in which case the earnings of such person shall
be his earnings in such full time employment., and for the purposes of
this paragraph, full time employment means employment for not less
than 44 hours during a minimum period of 5 days in any 1 week. 4-0
L.N. 237/80. Citation. Definition of earnings. Method of calculating earnings.

L.N. 237/80. Citation. Definition of earnings. Method of calculating earnings.

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