35. Offences and penalties

Amended

Last amended by an amending law of 2008.

(1)

Any employer who —

(a)

for the purpose of defraying or partly defraying the cost of insurance in respect of his liability to pay compensation under this Act, makes any deduction from the earnings of an employee in his employment; or

(b)

fails to insure himself in accordance with section 23(1) or (2),shall be guilty of an offence and shall be liable —

(i)

in the case of an offence under paragraph (a), on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and

(ii)

in the case of an offence under paragraph (b), on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2)

Any person who —

(a)

fails to pay compensation in accordance with and within the time specified in this Act;

(b)

fails to pay the interest in accordance with section 28A(1);

(c)

makes any statement or furnishes any information to the Commissioner or an investigation officer under this Act which he knows or ought reasonably to know is false in any material particular or is misleading by reason of the omission of any material particular;

(d)

abets the commission of an offence under this Act;

(e)

wilfully obstructs or delays the Commissioner or an investigation officer in the exercise of his powers under section 30A; or

(f)

fraudulently makes any claim for compensation under this Act which he knows to be false in order to induce or deceive the employer or insurer or the Commissioner in making payment of such compensation to him or any other person,shall be guilty of an offence and shall be liable —

(i)

in the case of an offence under paragraph (a) or (b), on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both;

(ii)

in the case of an offence under paragraph (c) or (e), on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both;

(iii)

in the case of an offence under paragraph (d), on conviction to be punished with the punishment provided for that offence; and

(iv)

in the case of an offence under paragraph (f), on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.

Terms defined in s 2

Commissioner
Defined · s 2
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act;
Open s 2
earnings
Defined · s 2
“earnings” means any wages paid to the employee by the employer and any privilege or benefit which is capable of being estimated in money and includes the value of any food or quarters supplied to the employee by the employer if as a result of the accident the employee is deprived of such food or quarters; and any overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed except —(a)a travelling allowance;(b)the value of any travelling concession;(c)a contribution paid by the employer towards any pension or provident fund;(d)a sum paid to the employee to cover any special expenses incurred by him by reason of the nature of his employment;
Open s 2
employee
Defined · s 2
“employee” means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether —(a)by way of manual labour or otherwise;(b)the contract is express or implied or is oral or in writing; and(c)the remuneration is calculated by time or by work done,but does not include any class of persons specified in the Fourth Schedule;
Open s 2
employer
Defined · s 2
“employer” includes —(a)the Government;(b)any statutory body or authority;(c)the legal personal representative of a deceased employer; and(d)in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club,and where the services of an employee are temporarily lent or let on hire to another person by the person with whom the employee has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the employee whilst he is working for that other person;
Open s 2
investigation officer
Defined · s 2
“investigation officer” means any person appointed as an investigation officer under section 2A;
Open s 2

Report

Read on from s 36

Schedules

Read on from Schedules