Employment Act 1968 · 2020 Revised Edition · Part 10 · Holiday, Annual Leave and Sick Leave Entitlements
90. Offence
Feedback & supportLast amended by an amending law of 2018. 2 amendments in all.
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.
employer
“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;
Despite subsection (1) —
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
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.