【法规名称】
【法规编号】 79981 什么是编号？
【正 文】
第3页 CAP 63 TRADE BOARDS ORDINANCE
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[接上页] (b) in cases where a special minimum piece-rate has not been so fixed, unless he shows that the piece-rate of wages paid would yield, in the circumstances of the case, to an ordinary worker at least the same amount of money as the basis rate.(2) For the purpose of this section the expression "basis rate" (基本工资率) means the general minimum time-rate or, where a rate, in this Ordinance referred to as a piece-work basis time-rate, has been fixed by the Chief Executive in Council for the purpose of being substituted for the general minimum time-rate as the basis rate, the rate so fixed. (3) The Chief Executive in Council may fix a piece-work basis time-rate in any case in which, having regard to all the circumstances of the case, he is of opinion that the general minimum time-rate does not form a proper basis for the purposes of paragraph (b) of subsection (1), and a piece-work basis time-rate may be higher or lower than the general minimum time-rate and 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. (Amended 54 of 2000 s. 3) [cf. 1909 c. 22 s. 8 U.K.] Cap 63 s 8 Prevention of evasion Any shopkeeper, dealer, or trader, who by way of trade makes any arrangement express or implied with any worker in pursuance of which the worker performs any work for which a minimum rate of wages has been fixed under this Ordinance, shall be deemed for the purposes of this Ordinance to be the employer of the worker, and the net remuneration obtainable by the worker in respect of the work after allowing for his necessary expenditure in connection with the work shall be deemed to be wages. [cf. 1909 c. 22 s. 9 U.K.] Cap 63 s 9 Employers not to receive premium where minimum rates in force Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) Where a worker in any trade, being a person to whom a minimum rate of wages fixed by the Chief Executive in Council applies, is an apprentice or learner, it shall not be lawful for his employer to receive directly or indirectly from him, or on his behalf or on his account, any payment by way of premium: (Amended 54 of 2000 s. 3) Provided that nothing in the foregoing provisions shall apply to any such payment duly made in pursuance of any instrument of apprenticeship not later than four weeks after the commencement of the employment. (2) If any employer acts in contravention of this provision, he shall be liable on summary conviction in respect of each offence to a fine of $500, and the court may by the conviction, in addition to imposing a fine, adjudge him to repay to the worker or other person by whom the payment was made the sum improperly received by way of premium. (Amended 22 of 1950 Schedule) [cf. 1918 c. 32 s. 7 U.K.] Cap 63 s 10 Powers of officers (1) Any officer of any Government department for the time being assisting in carrying this Ordinance into effect shall have power for the performance of his duties- (a) to require the production of wages sheets or other record of wages by an employer, and records of payments made to outworkers by persons giving out work, and to inspect and examine the same and copy any material part thereof; (b) to require any person giving out work and any outworker to give any information which it is in his power to give with respect to the names and addresses of the persons to whom the work is given out or from whom the work is received, as the case may be, and with respect to the payments to be made for the work; (c) at all reasonable times to enter any factory or workshop or any place used for giving out work to outworkers; (d) to inspect and copy any material part of any list of outworkers kept by an employer or person giving out work to outworkers; and (e) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to any matters under this Ordinance any person whom he finds in any factory or workshop or any place used for giving out work to outworkers, or whom he has reasonable cause to believe to be or to have been a worker in any trade to which a minimum rate under this Ordinance is applicable, and to require every such person to be so examined, and to sign a declaration of the truth of the matters in respect of which he is so examined.(2) If any person fails to furnish the means required by an officer as necessary for any entry or inspection or the exercise of his powers under this section, or if any person hinders or molests any officer in the exercise of the powers given by this section, or refuses to produce any document or give any information which any officer requires him to produce or give under the powers given by this section, that person shall be liable on summary conviction in respect of each offence to a fine of $250; and, if any person makes, or causes to be made, or knowingly allows to be made any wages sheet, or record of wages, or record of payments, or any list of outworkers which is false in any material particular, or produces or causes to be produced, or knowingly allows to be produced any such sheet, record or list to any officer acting in the exercise of the powers given by this section, knowing the same to be false, or furnishes any information to any such officer knowing the same to be false, he shall be liable on summary conviction to a fine of $500 or to imprisonment for 3 months. (Amended 22 of 1950 Schedule) [cf. 1909 c. 22 s. 15 U.K.] Cap 63 s 11 Officers to produce certificates when required Every officer of any Government department for the time being assisting in carrying this Ordinance into effect, shall be furnished by the Commissioner for Labour with a certificate of his appointment, and when acting under any or exercising any power conferred upon him by this Ordinance shall, if so required, produce the said certificate to any person or persons affected. (Amended L.N. 142 of 1974) [cf. 1909 c. 22 s. 16 U.K.] Cap 63 s 12 Power to conduct proceedings Any such officer may, although not a barrister or solicitor, prosecute or conduct before a court of summary jurisdiction any proceedings arising under this Ordinance. [cf. 1909 c. 22 s. 17(2) U.K.] Cap 63 s 13 Consent of Commissioner to prosecution No prosecution under this Ordinance shall be commenced without the consent of the Commissioner for Labour. (Amended L.N. 142 of 1974) |
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