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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."
© 1945 Crown Copyright
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