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Remuneration and conditions of employment. 44.(1) The salaries, wages or other remuneration paid by the holder of a road service licence or an operator's licence to any person employed by him in connection with the use of motor vehicles to carry passengers or goods for reward, and the conditions of the employment of that person, shall (a)be in accordance with any decision for the time being in force of a joint industrial council or similar body representing a substantial number of the holders of road service licences or, as the case may be, operators' licences and of the persons employed by them in connection with the use of motor vehicles to carry passengers or goods for reward, being a decision relating to the remuneration and conditions of employment of a person so employed in the same capacity by the holder of a road service licence or, as the case may be, an operator's licence; (b)where there is not in force a decision of the kind referred to in paragraph (a), not be less favourable to that person than the remuneration which would be payable, and the conditions which would have to be observed, by a contractor complying with the requirements of any resolution passed by the House of Commons for the time being in force and applicable to contracts with departments of the Government of Northern Ireland. (2) Any holder of a road service licence or an operator's licence, or any person employed by the holder of such a licence in connection with the use of motor vehicles to carry passengers or goods for reward, or any organisation representative of the holders of such licences or of the persons so employed by them, may make representations to the Ministry to the effect that the remuneration paid to, or the conditions of employment of, any person so employed by any such holder are not in accordance with the requirements of subsection (1), and if the matter in dispute is not otherwise disposed of the Ministry of Health and Social Services shall refer it to the Industrial Court for settlement. (3) Where a matter relating to subsection (1)(b) is referred to the Industrial Court under subsection (2) the Court, in arriving at its decision, shall have regard to any determination which may be brought to its notice relating to the remuneration or conditions of service of persons employed in a capacity similar to that of the persons to whom the reference relates and contained in a decision of a joint industrial council or similar body or in an agreement between organisations representative of employers and work people.
© 1967 Crown Copyright
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