【法规名称】
【法规编号】 79981 什么是编号？
【正 文】
CAP 63 TRADE BOARDS ORDINANCE
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To provide machinery for fixing minimum wages, determining normal working hours, and fixing overtime rates in trades where the wage standards are unreasonably low. [21 June 1940] (Originally 15 of 1940 (Cap 63 1950)) Cap 63 s 1 Short title This Ordinance may be cited as the Trade Boards Ordinance. Cap 63 s 2 Trade Boards and minimum wages Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) The Chief Executive in Council may, at any time he thinks fit, by Government notification published in the Gazette, fix minimum rates of wages for any trade in the Hong Kong either generally or in any specified area or district in any case in which he is satisfied that the minimum rates of wages being paid to any persons employed in any such trade are unreasonably low. Every notification fixing minimum rates of wages may be varied from time to time or revoked. (2) For the purpose of instituting, making, and conducting any inquiry that may be deemed advisable in connection with fixing any minimum rates of wages in any trade under this Ordinance, and for reporting thereon, the Chief Executive may at any time establish for any trade, or for any branch of work in a trade, a Trade Board, consisting of members representing employers and members representing workers, in this Ordinance referred to as representative members, in equal proportions, and of appointed members, provided that the number of appointed members shall be less than half the total number of representative members. Where a Trade Board has been established for any branch of work in a trade, any reference in this Ordinance to the trade for which the Board is established shall be construed as a reference to the branch of work in the trade for which the Board has been established. [cf. 1909 c. 22 s. 2(2), 11 & 13 U.K.] (3) Women shall be eligible as members of Trade Boards as well as men. (4) The Chairman of a Trade Board shall be the Commissioner for Labour or such other public officer as the Chief Executive may appoint. (Amended L.N. 142 of 1974) (5) All members shall be appointed by the Chief Executive, but the employers and workers may nominate representatives for appointment, subject to the Chief Executive's approval, as representative members. (6) In order to constitute a meeting of a Trade Board, at least one-third of the whole number of the representative members and at least one appointed member must be present. [cf. 1909 c. 22 s. 11(6) U.K.] (7) A Trade Board for any trade shall consider, as occasion requires, any matter referred to them by the Chief Executive with reference to the industrial conditions of the trade, and shall make a report upon the matter to the Chief Executive. [cf. 1909 c. 22 s. 3 U.K.] (Amended 54 of 2000 s. 3) Cap 63 s 3 Application of Cap. 86 Expanded Cross Reference: 3, 4, 5, 6, 7, 8, 9, 10, The provisions of sections 3 to 10 of the *Commissioners Powers Ordinance shall apply to any Board so appointed. ___________________________________________________________________ Note: * See 1968 Extractions-Cap 86, 1964 Edition Cap 63 s 4 Duties and powers of Trade Boards with respect to minimum rates of wages Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 Every Trade Board shall, subject to the provisions of this section, recommended a minimum rate of wages for time-work in their trade, in this Ordinance referred to as a general minimum time-rate, and may also recommend for their trade- (a) a general minimum rate of wages for piece-work, in this Ordinance referred to as a general minimum piece-rate; (b) a minimum time-rate (which shall not be higher than the general minimum time-rate) to apply in the case of workers employed on piece-work for the purpose of securing to such workers a minimum rate of remuneration on a time-work basis, in this Ordinance referred to as a guaranteed time-rate; (c) a minimum rate (whether a time-rate or a piece-rate) to apply, in substitution for the minimum rate which would otherwise be applicable, in respect of hours worked by a worker in any week or on any day in excess of the number of hours considered by the Trade Board to be the normal number of hours of work per week or for that day in the trade, in this Ordinance referred to as an overtime rate.Any of the minimum rates aforesaid may be fixed so as to apply universally to the trade or so as to apply to any special process in the work of the trade or to any special area, or to any class of workers in the trade, or to any class of workers in any special process or in any special area. If a Trade Board report to the Chief Executive that it is impracticable in any case to fix a general minimum time-rate in accordance with this section, the Chief Executive may so far as respects that case relieve the Trade Board of their duty. (Amended 54 of 2000 s. 3) [cf. 1909 c. 22 s. 4 U.K.] Cap 63 s 5 Penalty for not paying wages in accordance with minimum rate which has been made obligatory |
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