Section 25Part 4 — REMUNERATION AND HOURS OF WORK
Failure to pay minimum wage
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Where a minimum basic wage has been established it shall be an offence for an employer to employ or pay an employee at a basic wage less than that established minimum.
Where it comes to the attention of the Director that an employer is in breach of the minimum basic wage requirement, he shall inform the employer accordingly, giving any details he may have, and require the employer to respond.
If, after the response of the employer referred to in subsection (2), the Director is of the view that there has been a violation, he shall convey to the employer concerned the details of the violation and request him, within a period of time stated in the notice, to pay the employee concerned his dues and if the employer does not, within the period specified in the notice, provide evidence satisfactory to the Director that the employee concerned has been paid his dues, the Director shall refer the matter to the Attorney-General who may institute criminal charges under this Law.
Upon the conviction of an employer under this section, the court shall, in addition to any fine or other penalty, order that the employer pay to the employee concerned such of his dues as remain to be paid as well as interest at the rate of ten per cent per annum, or any other rate the Governor may by regulation prescribe, from the date the underpaid wages were originally due to the date when the balance is paid.
An order made under subsection (4) for payment of remuneration shall be enforced in the same manner as if it were a fine.
In calculating the remuneration to be paid to an employee for the purposes of this section, gratuities shall be disregarded.