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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 135

135.(1) In every textile factory the occupier shall, for the purpose of
enabling each person employed who is paid by the piece to compute the total
amount of wages payable to him in respect of his work, cause particulars of
the rate of wages applicable to the work to be done, and also particulars of
the work to which that rate is to be applied, to be published as follows:

(a)the particulars of the rate of wages applicable to the work to be done by
each person shall be furnished to him in writing at the time when the work is
given out to him, except that, if the same particulars are applicable to the
work to be done by each of the persons employed in one room, it shall be
sufficient to exhibit them in that room on a placard not containing any other
matter, and posted in a position where it is easily legible;

(b)such particulars of the work to be done by each person employed as affect
the amount of wages payable to him shall (except so far as they are
ascertainable by an automatic indicator) be furnished to him in writing at the
time when the work is given out to him;

(c)where such particulars of the work as affect the amount of wages are
ascertained by an automatic indicator, and a placard containing the
particulars as to the rate of wages is exhibited in each room in pursuance of
an agreement between employers and persons employed, and in conformity with
the requirements of this section, the exhibition thereof shall be a sufficient
compliance with the foregoing provisions of this section;

(d)the particulars either as to rate of wages or as to work shall not be
expressed by means of symbols;

(e)where an automatic indicator is used for ascertaining work, the indicator
shall have marked on its case the number of teeth in each wheel and the
diameter of the driving roller or such other particulars as will enable the
accuracy of the indicator to be checked, so, however, that in the case of
spinning machines with traversing carriages the number of spindles and the
length of the stretch in such machines shall be so marked instead of the
diameter of the driving roller.

(2) If the occupier fraudulently uses a false indicator for ascertaining the
particulars or amount of any work paid for by the piece, or if any person
employed fraudulently alters an automatic indicator, the occupier or person
employed, as the case may be, shall be guilty of an offence.

(3) If any person employed in a factory, having received any such particulars,
whether they are furnished directly to him or to a fellow workman, discloses
the particulars for the purpose of divulging a trade secret, he shall be
guilty of an offence.

(4) If any person for the purpose of obtaining knowledge of or divulging a
trade secret solicits or procures a person employed in a factory to disclose
any such particulars, or with that object pays or rewards any such person, or
causes any such person to be paid or rewarded for disclosing any such
particulars, he shall be liable to a fine not exceeding one hundred pounds or
to imprisonment for a term not exceeding three months.

(5) The Ministry, on being satisfied by the report of [an officer appointed
under section 135A] that the provisions of this section are applicable to any
class of factories other than textile factories, may, if it thinks fit, by
regulations apply the provisions of this section to any such class, subject to
such modifications as may in its opinion be necessary for adapting those
provisions to the circumstances of the case; and it may also by regulations
apply those provisions, subject to such modifications as may in its opinion be
necessary for adapting them to the circumstances of the case, to any class of
persons of whom lists may be required to be kept [under the Health and Safety
at Work (Northern Ireland) Order 1978 or] under the provisions of this Act
relating to outworkers, and to the employers of those persons.

(6) In this section "textile factory" means any factory in which mechanical
power is used in the spinning, weaving or knitting of cotton, wool, hair, silk
(including artificial silk), flax, hemp, jute, tow, china-grass, coconut
fibre, asbestos, or other like material, either separately or mixed together,
or mixed with any other material, or any fabric made thereof or in any process
preparatory or incidental thereto, whether or not carried on in the same
premises.[

© 1965 Crown Copyright

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