Section 22Part 3 — Remuneration and Hours of Work
Penalty for not paying minimum wage
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22. (1) Where a National Minimum Basic Wage has been fixed under section 20 it shall be an offence for an employer to employ or to pay any employee at a basic wage less than the minimum wage prescribed by the Order.
Subsection (1) shall not apply to the payment of wages to juveniles to whom section 20(3) applies.
Where an employer has been convicted of an offence under subsection (1) then, if notice of an intention so to do had been served upon that person with the summons or warrant, evidence may be given before sentence of any failure on the part of the employer to pay wages at the minimum rate to the employee concerned during the two years immediately preceding the date on which the information was laid and, on proof or admission of the failure, the Court upon sentencing the employer may order that person to pay to the employee, in addition to any fine or other penalty, such sum as in the opinion of the Court represents the difference between the amount which should have been paid during those years and that which was actually paid, plus interest at the rate of ten per cent per annum from the date any wage was due until it is paid.
An order made under subsection (3) may be enforced in the same manner as if it were a fine.
In calculating the wage paid to an employee for the purposes of the application of this section gratuities shall be disregarded.