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TH DECEMBER 1945] 4 P ART I - SECT 11

Effect and enforcement of wages regulation orders.

11.(1) If a contract between a worker to whom a wages regulation order applies
and his employer provides for the payment of less remuneration than the
statutory minimum remuneration, it shall have effect as if for that less
remuneration there were substituted the statutory minimum remuneration, and if
any such contract provides for the payment of any holiday remuneration at
times or subject to conditions other than those specified in the order, it
shall have effect as if for those times or conditions there were substituted
the times or conditions specified in the order.

(2) If an employer fails to pay to a worker to whom a wages regulation order
applies remuneration not less than the statutory minimum remuneration, or
fails to pay to any such worker holiday remuneration at the times and subject
to the conditions specified in the order or fails to allow to any such worker
the holidays fixed by the order, he shall be liable on summary conviction to a
fine not exceeding [#100] for each offence, and where the employer or any
other person charged as a person to whose act or default the offence was due
has been found guilty of an offence under this section consisting of a failure
to pay remuneration not less than the statutory minimum remuneration, the
court may order the employer to pay to the worker such sum as is found by the
court to represent the difference between the amount which ought to have been
paid to the worker by way of remuneration, if the provisions of this Part of
this Act had been complied with, and the amount actually so paid.

(3) Where proceedings are brought under the last preceding sub-section in
respect of an offence consisting of a failure to pay remuneration not less
than the statutory minimum remuneration, then, if notice of intention so to do
has been served with the summons, warrant or complaint

(a)evidence may, on the employer or any other person charged as a person to
whose act or default the offence was due having been found guilty of the
offence, be given of any like contravention on the part of the employer in
respect of any period during the two years immediately preceding the date of
the offence; and

(b)on proof of the failure, the court may order the employer to pay to the
worker such sum as is found by the court to represent the difference between
the amount which ought to have been paid during that period to the worker by
way of remuneration, if the provisions of this Part of this Act had been
complied with, and the amount actually so paid.

(4) The powers given by this section for the recovery of sums due from an
employer to a worker shall not be in derogation of any right to recover such
sums by civil proceedings.

© 1945 Crown Copyright

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