Employment (Amendment) Bill

by deleting paragraph (b) of subsection (5) thereof and substituting therefor the following: —“(b)has not paid any bonus to his employees or has paid a bonus of one month's wages or less at any time prior to 1st July, 1972, the annual wage supplement to be payable by the employer may be equivalent to an amount not exceeding one month's wages of the employees.”;

by deleting subsection (10) thereof and substituting therefor the following new subsections: —“(10) Any person who, or any trade union of employees which, requests (whether orally or in writing) or invites negotiations for the payment by an employer —

of an annual wage supplement of an amount which is in excess of the amount specified in paragraph (a) or (b) of subsection (5) of this section; or

of an annual wage supplement, annual bonus or annual wage increases which is at variance with the decision of the employer in respect of the option referred to in subsection (2) of this section; or

of any money, in whatever way it may be described, in addition to the amount of annual wage supplement provided for in a contract of service or collective agreement; or

of an annual bonus in excess of the amount specified in paragraph (b) of subsection (1) of this section,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.(11) A contract of service or collective agreement which contains —

a provision for the payment of an annual wage supplement and an annual bonus shall not contain a provision for the payment of annual wage increases; and

a provision for the payment of an annual wage supplement and annual wage increases shall not contain a provision for the payment of an annual bonus,and any contract of service or collective agreement made before, on or after the date of the commencement of the Employment (Amendment) Act, 1975 which is inconsistent with the provisions of this subsection shall be void to the extent of its inconsistency.(12) Any employer who pays —

an annual wage supplement of an amount which is in excess of the amount specified in paragraph (a) or (b) of subsection (5) of this section; or

annual wage increases if he is already obliged under the provisions of a contract of service or a collective agreement to pay an annual wage supplement and an annual bonus; or

an annual bonus is he is already obliged under the provisions of a contract of service or a collective agreement to pay an annual wage supplement and annual wage increases; or

an annual bonus in excess of the amount specified in paragraph (a) or (b) of subsection (1) of this section,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.(13) No employer shall, without the written permission of the Minister for Finance, pay any money, in whatever way it may be described, in addition to the amount of annual wage supplement provided for in a contract of service or collective agreement.(14) Any person who contravenes the provisions of subsection (13) of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.”; and

by re-numbering the existing subsection (11) as subsection (15) thereof.

by deleting the expression “(4)” appearing in the first line of subsection (1) thereof and substituting therefor the expression “(3)”;

by deleting subsection (2) thereof; and

by re-numbering subsection (3) and (4) thereof as subsections (2) and (3) respectively.

The provisions of section 67 and 68 of this Act shall not apply to the employment of children and younger persons —

in work approved and supervised by the Ministry of Education or the Industrial Training Board and carried on in any technical, vocational or industrial training school; or

under any apprenticeship scheme approved and supervised by the Industrial Training Board.(2) For the purposes of this section, the “Industrial Training Board” means the Industrial Training Board established under the Industrial Training Board Act, 1972.”.

by re-numbering the section as subsection (1) thereof; and

by inserting immediately after subsection (1) thereof the following new subsection —“(2) In hearing claims or conducting proceedings under this Part, the Commissioner —

shall not be bound to act in a formal manner or in accordance with the Evidence Act by may inform himself on any matters in such manner as he thinks just; and

shall act according to equity, good conscience and the merits of the case without regard to technicalities.”.

being an employee may be represented by an officer of the trade union of which the employee is a member; and

being an employer may be represented by one of his employees,but shall not be represented by an advocate or solicitor or paid agent.”.