116. Prohibiting order by Commissioner to third party

Terms defined in s 2

• employer

  employer

  Defined · s 2

  “employer” means any person who employs another person under a contract of service and includes —(a)the Government in respect of such categories, classes or descriptions of officers or employees of the Government as are declared by the President to be employees for the purposes of this Act;(b)any statutory authority;(c)the duly authorised agent or manager of the employer; and(d)the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;

  Open s 2
• principal

  principal

  Defined · s 2

  “principal” means any person who, in the course of or for the purposes of the person’s trade or business, contracts with a contractor for the supply of labour or for the execution by the contractor of the whole or any part of any work undertaken by the principal;

  Open s 2
• salary

  salary

  Defined · s 2

  “salary” means all remuneration including allowances payable to an employee in respect of work done under his or her contract of service, but does not include —(a)the value of any house accommodation, supply of electricity, water, medical attendance, or other amenity, or of any service excluded by general or special order of the Minister published in the Gazette;(b)any contribution paid by the employer on his or her own account to any pension fund or provident fund;(c)any travelling allowance or the value of any travelling concession;(d)any sum paid to the employee to reimburse him or her for special expenses incurred by him or her in the course of his or her employment;(e)any gratuity payable on discharge or retirement; and(f)any retrenchment benefit payable on retrenchment;

  Open s 2
• subcontractor for labour

  subcontractor for labour

  Defined · s 2

  “subcontractor for labour” means any person who contracts with a contractor or subcontractor to supply the labour required for the execution of the whole or any part of any work a contractor or subcontractor has contracted to carry out for a principal or contractor, as the case may be;

  Open s 2
• workman

  workman

  Defined · s 2

  “workman” means —(a)any person, skilled or unskilled, who has entered into a contract of service with an employer pursuant to which he or she is engaged in manual labour, including any artisan or apprentice, but excluding any seafarer or domestic worker;(b)any person, other than clerical staff, employed in the operation or maintenance of mechanically‑propelled vehicles used for the transport of passengers for hire or for commercial purposes;(c)any person employed partly for manual labour and partly for the purpose of supervising in person any workman in and throughout the performance of his or her work:Provided that when any person is employed by any one employer partly as a workman and partly in some other capacity or capacities, that person is deemed to be a workman unless it can be established that the time during which that workman has been required to work as a workman in any one salary period as defined in Part 3 has on no occasion amounted to or exceeded one‑half of the total time during which that person has been required to work in such salary period;(d)any person specified in the First Schedule; or(e)any person whom the Minister may, by notification in the Gazette, declare to be a workman for the purposes of this Act.

  Open s 2