Repealed by The Labour Institution Act, No 12 of 2007




Yüklə 1.44 Mb.
səhifə1/10
tarix10.04.2016
ölçüsü1.44 Mb.
  1   2   3   4   5   6   7   8   9   10

Regulation of Wages and Conditions of Employment Act, Cap 229

(Repealed by The Labour Institution Act, No 12 of 2007)




CHAPTER 229
THE REGULATION OF WAGES AND CONDITIONS OF EMPLOYMENT ACT
ARRANGEMENT OF SECTIONS
PART I - PRELIMINARY
1-Short Title.

2-Interpretation.

3-Application to Public Employment.
PART II - APPOINTMENT OF GENERAL WAGES ADVISORY BOARD, AGRICULTURAL WAGES ADVISORY BOARD AND AREA AGRICULTURAL WAGES COMMITTEES
4-General Wages Advisory Board and Agricultural Wages Advisory Board.

5-Functions of General Wages Advisory Board.

6-Functions of Agricultural Wages Advisory Board and Area Agricultural Wages Committees.
PART III - ESTABLISHMENT OF WAGES COUNCILS
7-Establishment of Wages Councils.

8-Making of Wages Council Orders.

9-Abolition of Wages Councils and Variation of Limits of Jurisdiction.

10-General Provisions as to Wages Councils.


PART IV - WAGES REGULATION ORDERS
11-Power to Fix Remuneration and Conditions of Employment.

12-Wages Regulation Order may Be Made by Minister.

13-Contents of Wages Regulation Proposals and Orders.

14-Meaning of Remuneration.

15-Effect and Enforcement of Wages Regulation Orders.

16-Power of Officers to Institute Proceedings.

17-Employee Waiting for Work on Employer's Premises - when to Be Deemed to Be Employed.

18-Permits to Infirm and Incapacitated Persons.

19-Employers Not to Receive Premiums.

20-Records and Notices.

21-Criminal Liability of Agent and Superior Employer and Special Defence Open to Employer.

22-Certificates of Authority of Officers.

23-Powers of Officers.

24-Penalty for Obstructing Officer.

25-Penalty for False Entries, Etc.
PART V - GENERAL PROVISIONS
26-Rules.

SCHEDULES



CHAPTER 229
REGULATION OF WAGES AND CONDITIONS OF EMPLOYMENT ACT
Commencement Date: 1951-04-07


An Act of parliament to provide for the establishment of Wages Advisory Boards and Wages Councils for the regulation of remuneration and conditions of employment, and for connected purposes 

Short title. 

1. This Act may be cited as the Regulation of Wages and Conditions of Employment Act.
Interpretation.

41 of 1951, s. 2, 34 of 1956, s. 2, 46 of 1962, s. 3, L.N.236/1964, 9 of 1967, Sch. Cap. 318. 

2. In this Act, unless the context otherwise requires -
"agriculture" has the meaning assigned to that term by subsection (1) of section 2 of the Agriculture Act;

"labour inspector" means any person appointed to the public service as a senior labour inspector, a labour inspector or a wages inspector;

"labour officer" means any person appointed to the public service as the Labour Commissioner, a deputy labour commissioner, an assistant labour commissioner, a senior labour officer or a labour officer;

"outworker" means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired or adapted for sale in his own home or in other premises not in the control or management of the person who gave out the materials;

"statutory minimum remuneration" means remuneration fixed by a wages regulation order;

"wages council order" means an order made under subsection (1) of section 7 establishing a wages council;

"wages regulation order" means an order made under section 11 (3) or under section 12 (1);

"wages regulation proposals" means wages regulation proposals submitted pursuant to section 11 (1).

Application to public employment.

L.N.236/1964,

3 of 1965, s. 26. 

3. This Act applies to employment by or under the Government in the same way and in the same extent as if the Government were a private person, except that it does not apply to -



(a) members of the armed forces;
(b) the police;
(c) members of the National Youth Service;

(d) persons in the civil employment of the government of the armed forces, and civilian employees of the government of the United Kingdom,

other than civilian employees of the armed forces, and civilian employees of the government of the United Kingdom who are engaged locally.


PART II-APPOINTMENT OF GENERAL WAGES ADVISORY BOARD, AGRICULTURAL WAGES ADVISORY BOARD AND AREA AGRICULTURAL WAGES COMMITTEES
General Wages Advisory Board and Agricultural Wages Advisory Board.

46 of 1962, s. 4. Cap. 102. 

4. (1) The Minister may appoint a General Wages Advisory Board and an Agricultural Wages Advisory Board.

(2) the First Schedule shall have respect to the constitution, officers and proceedings of the Boards referred to in subsection (1).

(3) Sections 9, 10, 11, 13, 14, and 16 of the Commissions of Inquiry Act shall apply to each member of the Boards referred to in subsection (1) of this section and to any inquiry held in pursuance of this Act as if he had been appointed commissioner under the former Act.

Functions of General Wages Advisory Board.

46 of 1962, s. 6. 

5. (1) The Minister, if he is of opinion that it is expedient to fix a basic minimum wage in respect of employees generally or in any area or in respect of any category of employees either generally or in any area, or to regulate the rates of wages and other conditions of employment of any specified category of employees either generally or in any specified area, may require the General Wages Advisory Board (hereafter in this section called the Board) to inquire into the matter:

Provided that no matter relating to the rates of wages and other conditions of employment of employees in agriculture shall be referred to the Board.

(2) On being required to make an inquiry pursuant to subsection (1), the Board shall thereupon inquire into the matter, and shall submit to the Minister a report, which may contain -



(a) recommendations specifying the basic minimum wage which, in the opinion of the Board, should be paid to all or any of the employees coming within its terms of reference; or

(b) proposals for the regulation of wages and other conditions of employment of all or any of such employees; or

(c) a recommendation that a wages council be established in respect of such employees.

(3) Any recommendation or proposal made by the Board under paragraph (a) or paragraph (b) of subsection (2) shall be deemed to be a wages regulation proposal within the meaning of section 11, and subsections (3), (4) and (5) of that section shall apply accordingly.

Functions of Agricultural Wages Advisory Board and Area Agricultural Wages Committees.

46 of 1962, s. 7. 

6. (1) The Minister, if he is of opinion that it is expedient to fix a basic minimum wage in respect of employees in agriculture, or to regulate the wages and other conditions of employment of such employees either generally or in any specified area, may require the Agricultural Wages Advisory Board (hereafter in this section called the Board) to inquire into the matter.

(2) On being required to make an inquiry pursuant to subsection (1), the Board shall thereupon inquire into the matter, and shall submit to the Minister a report, which, subject to subsection (6), may contain-



(a) a recommendation specifying the basic minimum wage which, in the opinion of the Board, should be paid to all or any of the employees coming within its terms of reference; or

(b) proposals for the regulation of wages and other conditions of employment of all or any of such employees; or

(c) a recommendation that a wages council be established in respect of such employees.

(3) Any recommendation or proposal made by the Board under paragraph (a) or paragraph (b) of subsection (2) shall be deemed to be a wages regulation proposal within the meaning of section 11, and subsections (3), (4) and (5) of that section shall apply accordingly.

(4) The Minister may appoint such area agricultural wages committees as he considers necessary to assist the Board to inquire into any matter referred to it in accordance with this section, in respect of their respective areas; and such committees shall be constituted and shall conduct their proceedings in the manner specified in the Third Schedule.

(5) Whenever the Board inquires in accordance with this section into any matter which may affect the employees in agriculture in any area for which an area agricultural wages committee has been appointed, the Board shall require such committee to inquire into and report to the Board on such matter, and the committee shall act accordingly; and the Board shall attach the report of the committee or a copy thereof to any report recommendation or wages regulation proposal, which the Board may submit to the Minister.

(6) A report submitted to the Minister under subsection (2) shall not contain any recommendation or proposal referred to in paragraph (a) or paragraph (b) of that subsection which affects an area in respect of which an area agricultural wages committee has not been appointed under subsection (4).

PART III-ESTABLISHMENT OF WAGES COUNCILS


Establishment of wages councils.

41 of 1951, s. 4, 46 of 1962, s. 8. 

7. (1) The Minister, in pursuance of a recommendation by the General Wages Advisory Board made under section 5 (2), or of a recommendation by the Agricultural Wages Advisory Board made under section 6 (2), if he is of the opinion that no adequate machinery exists for the effective regulation of the remuneration or other conditions of employment of the employees in any trade, industry or occupation, may by order establish a wages council to perform, in relation to the employees specified in the order, the powers and functions specified in the subsequent sections of this Act.

(2) The powers and functions of a wages council may be exercised in relation to-



(a) the employees in any trade, industry or occupation, either generally or in any area of Kenya;
(b) any class of such employees.
Making of wages council orders.

41 of 1951, s. 5, 63 of 1951, s. 3. 

8. (1) Before making a wages council order, the Minister shall publish, once in the Gazette and twice, with an interval of at least seven but not more than fourteen days between each publication, in a newspaper published and circulating in Kenya, a notice of his intention to make such order, specifying a place where copies of a draft thereof may be inspected and a time, which shall not be less than thirty days from the first date of such publication, within which any objection to such draft order shall be sent to the Minister.

(2) Every objection shall be in writing and shall state-



(a) the specific grounds of objection; and

(b) the deletions, additions or modifications asked for,

and the Minister shall consider any such objection made by or on behalf of any person appearing to him to be affected, if such objection has been sent to the Minister within the time specified in the notice, and the Minister shall not be bound to consider any other objection.

(3) If there are no objections which the Minister is required by subsection (2) to consider, or if, after considering all such objections, he is of the opinion that they will be met by modifications which he proposes to make under this subsection or are not of such a nature as to warrant any such modifications, he may make the order either in terms of the draft or subject to such modifications, if any, as he thinks fit, if such modifications do not, in his opinion, effect important alterations in the character of the draft order which was published under subsection (1).

(4) Where the Minister does not proceed under subsection (3), he may withdraw the draft order or amend it and, if he amends it otherwise than as is permitted under subsection (3), all the provisions of this section shall have the same effect in relation to the amended draft order as they have in relation to an original draft order.

(5) Where the Minister makes a wages council order, he shall publish it in the same manner as is provided in subsection (1) for the publication of a draft order, and every wages council order shall be laid before the National Assembly as soon as may be after it is made, and if, within the next twenty days on which the National Assembly sits next after any such order is laid before it, a resolution is passed that the order be annulled, it shall thenceforth be void, but without prejudice to anything previously done thereunder or to the making of any new order.

Abolition of wages councils and variation of limits of jurisdiction.

56 of 1962, s. 9. 

9. The Minister may at any time, after consulting the Advisory Board by order abolish a wages council or vary the limits of its jurisdiction, and section 8 shall apply in relation to any such order as it applies in relation to a wages council order.
General provisions as to wages councils.

63 of 1951, s. 4. 

10. (1) The Second Schedule shall have effect with respect to the constitution, officers and proceedings of wages councils.

(2) A wages council shall, upon request by the Labour Commissioner, consider any matter affecting the industrial conditions of employees and employers in relation to whom it operates, and shall make a report thereon to the Labour Commissioner; and a wages council may of its own motion make a recommendation on any such matter to the Labour Commissioner.

(3) On receipt of any such report or recommendation, the Labour Commissioner shall make a report thereon to the Minister, who shall take it into consideration and take such action (if any) as he thinks fit.
PART IV-WAGES REGULATION ORDERS
Power to fix remuneration and conditions of employment.

41 of 1951, s. 6, 63 of 1951, s. 5, 9 of 1954, s. 3, 34 of 1956, s. 4, 46 of 1962, s. 10, L.N.462/1963. 

11. (1) Subject to and in accordance with this section, a wages council shall have power to submit to the Minister proposals for fixing the remuneration to be paid and for prescribing the conditions of employment to be provided, either generally or for any particular work, by their employers to and for all or any of the employees in relation to whom the wages council operates.

(2) Before submitting any wages regulation proposals to the Minister, a wages council shall make such investigations as it thinks fit and shall publish in the same manner as is provided in section 8 (1) notice of the proposals, stating the place where copies of the proposals may be obtained and the period, which shall be not less than thirty days from the first date of publication, within which written representations with respect to the proposals may be sent to the wages council, and the wages 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 Minister either without amendments or with such amendments as it thinks fit having regard to the representations:

Provided that if the wages council, before publishing its proposals, resolves that, in the event of no representation with respect to the proposals being made to it within that period, the proposals shall be submitted to the Minister, the wages council shall thereupon, if no representation is made, submit the proposals to the Minister.

(3) Where the Minister receives any wages regulation proposals under this section, he may make a wages regulation order giving effect to such proposals as from such date as may be specified in such order:

Provided that the Minister may refer the proposals back to the wages council, and the wages council shall thereupon reconsider them having regard to any observations made by the Minister and may resubmit the proposals to the Minister either without amendment or with such amendments as it thinks necessary having regard to those observations; and where proposals are so resubmitted with amendment the same procedure shall be followed as in the case of original proposals.

(4) Where the Minister receives any wages regulation proposals under section 5 or section 6, he may make a wages regulation order having effect as from such date as may be specified in the order; and in making the order the Minister may amend the proposals:

Provided that the Minister may refer the proposals back to the General Wages Advisory Board or the Agricultural Wages Advisory Board and the Board to which such proposals are so referred back shall thereupon reconsider them, having regard to any observations made by the Minister, and may resubmit the proposals to the Minister either without amendment or with such amendments as it thinks necessary having regard to those observations; and where proposals are so resubmitted with amendment the same procedure shall be followed as in the case of original proposals.

(5) The date to be specified under subsection (3) or (4) shall be a date subsequent to the date of the order and, where the date so specified does not correspond with the beginning of the period for which wages are paid to any employee, the order shall, as respects that employee, become effective as from the beginning of the next such period following the date specified in the order.

(6) As soon as the Minister has made a wages regulation order, he shall give notice of the making thereof to the General Wages Advisory Board, the Agricultural Wages Advisory Board or the wages council, as the case may be, and shall publish the order once in the Gazette, and a notice of the making of the order, twice, with an interval of at least seven but not more than fourteen days between each publication, in a newspaper published and circulating in Kenya.

Wages regulation order may be made by Minister. 9 of 1954, s. 4, 34 of 1956, s. 5. 46 of 1962, s. 11. L.N.462/1963. 

12. (1) Notwithstanding sections 5 and 6, the Minister may, at any time and from time to time, of his own motion, make a wages regulation order relating to the basic minimum wage in respect of employees generally in any area of Kenya or in respect of any category of employees either generally or in any area of Kenya.

(2) Before any wages regulation order is made under this section, the Minister shall give notice in writing to the General Wages Advisory Board or the Agricultural Wages Advisory Board, as the case may be, of the terms of the proposed order.

Contents of wages regulation proposals and orders. 9 of 1954, s. 4. 

13. Any wages regulation proposal and any wages regulation order may make different provision for different cases, may make provision for a minimum housing allowance to be paid in addition to a basic minimum wage to any employee not provided by his employer with housing accommodation, and may also contain provision for the amendment or revocation of previous wages regulation orders.


Meaning of remuneration.

46 of 1962, s. 12. 

14. (1) Any reference in this Part to remuneration shall be construed as a reference to the amount paid or to be paid in cash to the employee by his employer clear of any deductions in respect of any matter whatsoever, except any deduction lawfully made-

(a) for the purpose of a contribution to any provident fund or superannuation scheme;

(b) in respect of rations supplied by an employer, which the employer is permitted, to make under an order made by the Minister under subsection (3);

(c) under any provision of any other written law for the time being in force which provides for or permits deductions to be made from an employee's wages by his employer; or

(d) at the request in writing of the employee for any purpose in which the employer has no beneficial interest, whether direct or indirect.

(2) Remuneration (including a basic minimum wage) fixed by a wages regulation order is hereafter referred to as statutory minimum remuneration.

(3) The Minister may by order permit any employer who supplies rations to an employee to make a deduction from such employee's wages in respect of the rations so supplied.

(4) Any order made under subsection (3) may apply to employees generally in any area of Kenya, or to any specified category of employee either generally or in any such areas, and may-



(a) fix the maximum amount, which may be deducted from an employee's wages in respect of rations supplied by the employer;

(b) require that such deduction in respect of rations supplied shall be authorized in writing by a labour officer; and

(c) specify such other conditions as the Minister may deem fit to impose.

Effect and enforcement of wages regulation orders.

41 of 1951, s. 7, L.N.462/1963. 

15. (1) If a contract between an employee to whom a wages regulation order applies and his employer provides for the payment of less remuneration than the statutory minimum remuneration, or does not provide for the conditions of employment prescribed in a wages regulation order, it shall have effect as if for that less remuneration there were substituted the statutory minimum remuneration and as if there were inserted the prescribed conditions of employment.

(2) If an employer fails to pay to an employee to whom a wages regulation order applies remuneration not less than the statutory minimum remuneration, or fails to provide the employee with the conditions of employment prescribed in the order, he shall be guilty of an offence and liable to a fine not exceeding four hundred shillings, 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 such sum as is found by the court to represent the difference between the amount which ought to have been paid to the employee by way of remuneration, if the provisions of this part had been complied with, and the amount actually so paid.

(3) Where proceedings are brought under subsection (2) in respect of an offence consisting of a failure to pay remuneration not less than the statutory minimum remuneration then-



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

(b) on proof of such contravention, the court may order the employer to pay 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 employee by way of remuneration, if the provisions of this Part had been complied with, and the amount actually so paid:

Provided that evidence shall not be given under paragraph (a) unless notice of intention to give such evidence has been served upon the employer or other person with the summons, warrant, information or complaint.

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

Provided that no person shall be liable to pay twice in respect of the same cause of action.

Power of officers to institute proceedings.

34 of 1956, s. 10. 

16. A labour officer or labour inspector may if it appears to him that a sum is due from an employer to an employee by reason of the payment to the employee of remuneration less than the statutory minimum remuneration, institute on behalf of and in the name of that employee proceedings for the recovery of that sum.
Employee waiting for work on employer's premises - when to be deemed to be employed. 41 of 1951, s. 8. 

17. (1) Subject to subsection (2), for the purpose of calculating the amount due to an employee employed in any occupation in respect of which a wages regulation order has been made the employee shall be deemed to have been employed for all the time during which he was present on the promises of his employer if it is proved to the satisfaction of the court that he was so present with such employer's express consent:

Provided that -

(i) where an employee resides on the premises of his employer, he shall not be deemed to be employed for any time during which he is present on the premises by reason only of the fact that he is so resident; and

(ii) an employee while present during normal meal times in a room or place in which no work is being done shall be deemed to be present for a purpose not connected with his employment.

(2) Nothing in this section shall render it necessary to remunerate any person employed as a casual labourer in respect of any time during which he is present on his employer's premises before the time appointed for the commencement or after the termination of the work for which he is engaged.

Permits to infirm and incapacitated persons.

34 of 1956, s. 7. 

18. (1) If as respects any employee employed or desiring to be employed in such circumstances that a wages regulation order applies or will apply to him, a labour officer or labour inspector is satisfied, on application being made to him for a permit under this section either by the employee or the employer or a prospective employer, that the employee is affected by infirmity or physical incapacity which renders him incapable of earning the statutory minimum remuneration, he may grant, subject to such conditions, if any, as he may determine, a permit authorizing the employment of the employee at less than the statutory minimum remuneration, and, while the permit is in force, the remuneration authorized to be paid to the employee by the permit shall, if those conditions are complied with, be deemed to be the statutory minimum remuneration.

(2) Where an employer, pursuant to any document purporting to be a permit granted under subsection (1) authorizing the employment of an employee at less than the statutory minimum remuneration, employs such employee, then, if the employer has notified the labour officer or labour inspector in question that, relying on that document, he is employing or proposing to employ that employee at a specified remuneration, the document shall, notwithstanding that it is not or is no longer a valid permit relating to that employee, be deemed, subject to the terms thereof and as respects only any period after the notification, to be such a permit until notice to the contrary is received by the employer from the labour officer or labour inspector.

Employers not to receive premiums. 

19. (1) Where an employee to whom a wages regulation order applies is an apprentice or learner, his employer shall not receive directly or indirectly from him, or on his behalf or on his account, any payment by way of premium:

Provided that nothing in this subsection shall apply to any such payment made in pursuance of any instrument of apprenticeship if such payment is made -

(i) not later than four weeks after the commencement of the apprenticeship; or

(ii) at any time with the approval of a wages council.

(2) If any employer acts in contravention of this section, he shall be guilty of an offence and liable to a fine of four hundred shillings, and the court may, in addition to imposing a fine, order him to repay to the employee or other person by whom the payment was made the sum improperly received by way of premium.

Records and notices.

41 of 1951, s. 9, 34 of 1956, s. 3. 

20. (1) The employer of employees to whom a wages regulation order applies shall keep in English such records as are necessary to show whether or not he is complying with the provisions of this Part with respect to his employees, and the records shall be retained by the employer for at least two years after the date of the last entry therein.

(2) An employer shall exhibit in the prescribed language and manner such notices as may be prescribed for the purpose of informing his employees of any wages regulation proposals or wages regulation order affecting them, and shall give notice in any other prescribed manner to the employees of those matters and of such other matters, if any, as may be prescribed.

(3) If an employer fails to comply with any of the requirements of this section, he shall be guilty of an offence and liable to a fine not exceeding one hundred shillings, and to an additional fine of forty shillings for each day during which the omission continues after conviction.

Criminal liability of agent and superior employer and special defence open to employer.

34 of 1956, s. 8. 

21. (1) Where the immediate employer of any employee is himself in the employment of some other person and that employee is employed on the premises of that other person, that other person shall for the purposes of this Part be deemed to be the employer of that employee jointly with the immediate employer.



(2) Where an employer is charged with an offence under this Part, he shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days' notice in writing of his intention, to have any other person to whose act or default he alleges that the offence in question was due brought before the court at the time appointed for the hearing of the charge, and, if after the commission of the offence has been proved the employer proves that the offence was due to the act or the default of that other person, that other person may be convicted of the offence and, if the employer further proves that he has used all due diligence to secure that this Act has been complied with, he shall be acquitted of the offence.

(3) Where a defendant seeks to avail himself of the provisions of subsection (2) -



(a) The prosecution, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine him if he gives evidence and to cross-examine any witnesses called by him in support of his case and to call rebutting evidence;

(b) The court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.

(4) Where it appears to a labour officer or labour inspector that an offence has been committed in respect of which proceedings might be taken under this Part against an employer, and the officer is reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person and that the employer could establish a defence under subsection (2), the officer may cause proceedings to be taken against that other person without first causing proceedings to be taken against the employer; and in any such proceedings the defendant may be charged with and, on proof that the offence was due to his act or default, be convicted of the offence with which the employer might have been charged.

Certificates of authority of officers.

34 of 1956, s. 9. 

22. Every labour officer and every labour inspector shall be furnished by the Labour Commissioner with a certificate of his appointment as such, and shall when acting in the performance of his duties, whenever required by any person affected so to do, produce the certificate to that person.
Powers of officers.

34 of 1956, s. 10. 

23. (1) A labour officer or labour inspector shall have power for the performance of his duties -

(a) to require the production of wages sheets or other records of wages kept by an employer, and records of payments made to outworkers by persons giving out work, and any other such records as are required by this Part to be kept by employers, and to inspect and examine those sheets or records and copy any material part thereof;

(b) to require any person giving out work and any outworker to give any information which it is in his power to give with respect to the names and addresses of the persons to whom the work is given out or from whom the work is received and with respect to the payments to be made for the work;

(c) at all reasonable times to enter any premises at which an employer to whom a wages regulation order applies carries on his business including any place used in connexion with that business for giving out work to outworkers and any premises which the officer has reasonable cause to believe to be used by or by arrangement with the employer to provide living accommodation for employees;

(d) to inspect and copy any material part of any list of outworkers kept by an employer or other person giving out work to outworkers; and

(e) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to any matters under this Part any person whom he has reasonable cause to believe to be or to have been an employee to whom a wages regulation order applies or applied or the employer of any such person or a servant or agent of the employer employed in the employer's business, and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he is so examined:

Provided that no person shall be required under paragraph (e) of this subsection to give any information tending to incriminate himself.

(2) A labour officer or labour inspector may institute proceedings for any offence under this Act and may conduct such proceedings.

(3) A labour officer or labour inspector shall not disclose any information obtained in the exercise of the powers conferred by this section without the consent of the employer concerned otherwise than in connexion with the execution of this Act:

Provided that nothing in this subsection shall apply to a disclosure of any information made for the purpose of any criminal proceedings which may be taken by virtue of this Act or otherwise.

(4) An officer who contravenes subsection (3) shall be guilty of an offence and liable to a fine not exceeding two thousand shillings.

Penalty for obstructing officer.

34 of 1956, s. 10. 

24. Any person who obstructs a labour officer or labour inspector in the exercise of any power conferred by this Act, or refuses to comply with any requirement of a labour officer or labour inspector made in the exercise of any such power, shall be guilty of an offence and liable to a fine not exceeding four hundred shillings.
Penalty for false entries, etc. 

25. If any person makes or causes to be made or knowingly allows to be made any entry in a record required by this Part to be kept by an employer, which he knows to be false in a material particular, or, for the purposes connected with this Part, produces or furnishes, or causes or knowingly allows to be produced or furnished, any wages sheet, record, list or information which he knows to be false in a material particular, he shall be guilty of an offence and liable to a fine not exceeding four hundred shillings or to imprisonment for a term not exceeding three months or to both.


  1   2   3   4   5   6   7   8   9   10


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə