Section 37Part 5 — GRATUITIES
Distribution plan
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A service employer who intends to charge gratuity shall, before doing so, register with the Director a Plan for Distribution of Gratuities in Form 6 of the Schedule.
Subject to subsection (3), an employer who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for six months, or both.
Where an employer has filed the Plan for Distribution of Gratuities (in Form 6) but the Director is of the view that it does not comply with the provisions of subsection (1), he shall bring the shortcoming to the attention of the employer concerned and request him to make the adjustments necessary for the Plan to comply with that subsection.
No charges shall be filed under this section until the Director is satisfied, after giving the service employer concerned an opportunity to remedy any shortcomings, that the employer is unwilling or unable to file a Plan for Distribution of Gratuities that complies with subsection (1).
Defined Terms
service employergratuityPlan for Distribution of Gratuities
Referenced By
- Section 42 — Actual distribution of gratuity
section 37 (1) applies