Clause 14

by deleting the words “sections 43 and 89” wherever they appear in section 53(3) and substituting the words “section 43”; and

by inserting, immediately after section 89, the following section:“Offence90.—

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) Notwithstanding subsection (1) —

an employer and his employees or a trade union representing his employees may negotiate for and agree to terms of service relating to leave more favourable than those contained in section 89; and

it shall not be an offence for an employer to grant to his employees terms of service relating to leave more favourable than those contained in section 89.”.