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TH DECEMBER 1945] 4 P ART I - SECT 10



10.(1) Subject to and in accordance with the provisions of this section, any
wages council shall have power to submit to the Ministry proposals (hereafter
in this Act referred to as "wages regulation proposals")

(a)for fixing the remuneration to be paid, either generally or for any
particular work, by their employers to all or any of the workers in relation
to whom the council operates;

(b)for requiring all or any such workers as aforesaid to be allowed holidays
by their employers.

The power to submit proposals for fixing remuneration shall include power to
submit proposals for fixing holiday remuneration.

(2) Wages regulation proposals for requiring a worker to be allowed a holiday
shall not be made unless both holiday remuneration in respect of the period of
the holiday and remuneration other than holiday remuneration have been or are
being fixed under this Part of this Act for that worker, shall provide for the
duration of the holiday being related to the duration of the period for which
the worker has been employed or engaged to be employed by the employer who is
to allow the holiday, and, subject as aforesaid, may make provision as to the
times at which or the periods within which, and the circumstances in which,
the holiday shall be allowed; and wages regulation proposals for fixing
holiday remuneration may contain provisions as to the times at which, and the
conditions subject to which, that remuneration shall accrue and shall become
payable, and for securing that any such remuneration which has accrued due to
a worker during his employment by any employer shall, in the event of his
ceasing to be employed by that employer before he becomes entitled to be
allowed a holiday by him, nevertheless become payable by the employer to the
worker.

(3) Before submitting any wages regulation proposals to the Ministry, a
wages council shall make such investigations as it thinks fit and shall
publish, in the prescribed manner, notice of the proposals, stating the place
where copies of the proposals may be obtained and the period (which shall not
be less than twenty-one days from the date of the publication of the notice)
within which written representations with respect to the proposals may be sent
to the council; and the council shall consider any written representations
made to it within that period and shall make such further inquiries as it
considers necessary and may then submit the proposals to the Ministry either
without amendment or with such amendments as it thinks fit having regard to
the representations:

Provided that

(a)if the council, before publishing its proposals, resolves that, in the
event of no representation with respect to the proposals being made to it
within the said period, the proposals shall, without more, be submitted to the
Ministry, the proposals shall, if no representation is so made, be submitted
to the Ministry accordingly;

(b)where a central co-ordinating committee has been established in relation to
wages councils of which the council submitting the proposals is one, the
council shall, when it submits its proposals to the Ministry, at the same time
transmit a copy thereof to that committee, and the Ministry shall take into
consideration any observations which that committee may make to it thereon
within fourteen days from the date on which the proposals were submitted to
the Ministry.

(4) Where the Ministry receives any wages regulation proposals it shall make
an order (hereafter in this Act referred to as a "wages regulation order")
giving effect to the proposals as from such date as may be specified in the
order:

Provided that the Ministry may, if it thinks fit, refer the proposals back to
the council and the council shall thereupon reconsider them having regard to
any observations made by the Ministry and may, if it thinks fit, re-submit the
proposals to the Ministry either without amendment or with such amendments as
the council thinks fit having regard to those observations; and where
proposals are so re-submitted, the like proceedings shall be had thereon as in
the case of original proposals.

The date to be so specified shall be a date subsequent to the date of the
order, and where, as respects any worker who is paid wages at intervals not
exceeding seven days, the date so specified does not correspond with the
beginning of the period for which the wages are paid, the order shall, as
respects that worker, become effective as from the beginning of the next such
period following the date specified in the order.

(5) As soon as the Ministry has made a wages regulation order, it shall give
notice of the making thereof to the wages council and that council shall give
such notice of the order and the contents thereof as may be prescribed for the
purpose of informing, so far as practicable, all persons who will be thereby
affected.

(6) Any wages regulation proposals and any wages regulation order for giving
effect thereto may make different provision for different cases, and may also
contain provision for the amendment or revocation of previous
wages regulation orders.

(7) No wages regulation order shall have effect so as to prejudice any rights
as to remuneration or holidays conferred on any worker by or under any Act
other than this Act.

(8) Remuneration (including holiday remuneration) fixed by a
wages regulation order is hereafter in this Act referred to as "statutory
minimum remuneration."


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