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In forceAmended2020 Revised Edition

Part 10 · Holiday, Annual Leave and Sick Leave Entitlements

90. Offence

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Amended

Last amended by an amending law of 2018. 2 amendments in all.

(1)

Any employer who employs any person as an employee contrary to the provisions of this Part or fails to pay any salary in accordance with the provisions of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and for a second or subsequent offence to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2)

Despite subsection (1) —

(a)

an employer and the employer’s employees or a trade union representing the employer’s employees may negotiate for and agree to terms of service more favourable than those contained in sections 88A and 89; and

(b)

it is not an offence for an employer to grant to the employer’s employees terms of service more favourable than those contained in sections 88A and 89.

Report

Part 11

Part 12

Registers, Returns and Other Documentary Requirements

Part 13

Inspection and Enquiry

Part 14

General

Part 15

Claims, Complaints and Investigations Into Offences

Part 15A

Administrative Penalties

Part 16

Procedure and Regulations

Schedules