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Cap. 452 · Employment And Industrial Relations (Cap. 452)

Cap. 452 Art. 19Fines.

PART III

In forceOfficial text

(1) Unless otherwise prescribed in a collective agreement, where -

(a) the terms of any written contract of service signed by the employees or the terms of a written statement signed by an employer in accordance with article 7 specify in detail the fine or fines to which the employee may become liable in respect of an act or omission; and

(b) the terms of any such contract or the terms of any such statement have been previously approved by the Director, it shall be lawful for the employer to make such deductions as may be authorised by such contract or such written statement.

(2) Notwithstanding the provision of sub-article (1), where an employee fails without just cause to give to his employer the total number of hours of work as bound by the terms of any contract of service applicable to him, the employer shall not inflict on the employee any fine for such loss of work but may deduct from the total wages due to the employee that part thereof which corresponds to the work so lost.

(3) Where any fine or fines are imposed by a person or by a group of persons, however named, authorised to perform such function by the employer, such person or persons shall be liable for their acts, without prejudice to the liability of the employer, as if they were the employer.

(4) Unless otherwise prescribed in a collective agreement, when an employer suspends an employee from work and during the period of suspension does not pay him wages or pays him less than the wage to which the employee is entitled, the employer shall be deemed to have made a deduction from the wages of the employee by way of a fine equivalent to the amount underpaid to him in wages.