PART IX – PROTECTION OF REMUNERATION
Payment of remuneration
Subject to this Part, every contract of employment shall stipulate that the whole of the salary, wages and allowances of the worker shall be made payable in legal tender in addition to any non-cash remuneration and accordingly, a contract of employment that contains provisions to the contrary is void.
Equal pay for equal work
Every worker shall receive equal pay for equal work without distinction of any kind.
Prohibited deductions
An employer shall not make any deduction by way of discount, interest or any similar charge on account of an advance of remuneration made to a worker in anticipation of the regular period of payment of remuneration.
An employer shall not
- impose a pecuniary penalty upon a worker for any cause whatsoever; or
- deduct from remuneration due to a worker, any amount whatsoever, unless the deduction is permitted by section 70 or by any other law or is by way of repayment of an advance of remuneration lawfully made by the employer to the worke.
Permitted deductions
An employer may, with the consent of the worker, make any of the following deductions from the remuneration of the worker:
- any amount due from the worker in respect of contributions to any provident, pension, or other fund or scheme agreed to by the worker;
- any financial facility advanced by the employer to be worker at the written request of the worker or any facility guaranteed by the employer to the worker;
- any amount paid to the worker in error, as remuneration, in excess of what the worker is legitimately entitled to, from the employer;
- on the written authority of the worker, any amount due from the worker as membership fee or contribution to an organization of which the worker is a member;
- for meeting any loss suffered by the employer as a result of the loss of, or damage to, any property or thing used in connection with, or produced by, the employer’s business and which is under the control of the worker;
- any deduction in compliance with an order made by the Commission.
No deduction shall be made under subsection (1)(f) unless the employer is satisfied,
- that the loss or damage has been caused by the worker and the worker is clearly shown to be responsible;
- that the amount to be deducted is fair and does not exceed the actual value of the loss or damage suffered by the employer or that the amount represents a fair estimate of the loss or damage suffered;
- that the worker has been given reasonable opportunity to show cause why the deductions should not be made; and
- that the rate of the deductions is such as to avoid hardship to the worker and his or her dependants.
Where a worker, who is aggrieved by any deduction made by his or her employer under subsection (1), is unable to resolve the matter with the employer, the worker may present a complaint in writing to the Commission. The Commission shall investigate the complaint and its decision on the matter shall subject to any other law be final.
Employer not to compel workers to use its store
where an employer establishes a store for the sale of commodities to the workers or operates a service for them, the employer shall not coerce the workers to make use of the store or service.
Paid public holidays
Every worker is entitled to be paid his or her remuneration for public holidays
