Section 38Part 4 — Gratuities
Service employer to keep records
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38. (1) A service employer shall keep a record of —
the total amount of gratuities collected or received by that person in each month that person provides services to customers;
each account rendered to a customer of the employer showing —
the service provided; provided;
the amount charged for the service;
the amount of gratuity shown or included; and
the date on which, or the period during which, the service was
the amount received or collected by the employer in respect of each account rendered by the employer showing —
the amount received by the employer in respect of the service; collected or received;
any amount collected or received by way of gratuity; and
the date on which the amount referred to in subparagraph (ii) was
any gratuities collected or received by the employer otherwise than as referred to in paragraph (c)(ii);
the name of each service employee of the employer who carried out any duties for the employer during any period when the employer was providing services to customers; and
each distribution of gratuities made to service employees showing —
the period in respect of which the distribution was made; and a person who fails to do so commits an offence and is liable on conviction to a fine of twenty-five thousand dollars and to imprisonment for twelve months. Labour Act (2021 Revision) Section 39 c Revised as at 31st December, 2020 Page 27
the date of the distribution; and
the amount paid to each service employee,
For the purpose of paragraph (c)(ii) of subsection (1), any amount paid under paragraph (c)(i) of subsection (1) that exceeds the amount charged under paragraph (b)(ii) of subsection (1) is to be regarded as a gratuity.
Any service employer who keeps a record for the purpose of subsection (1) that that person knows or ought reasonably to know is false or misleading commits an offence and is liable on conviction to a fine of twenty-five thousand dollars and to imprisonment for twelve months.
Any service employer who fails to provide to the Director, in a format approved for the purpose by the Director and within six weeks of the end of a month, details of the gratuities received by the service employer during that month and the manner in which those gratuities were distributed, commits an offence and is liable on conviction to a fine of five thousand dollars and to imprisonment for six months.
Where a service employer provides details of gratuities to the Director in accordance with subsection (4) but fails —
at the same time, to make available on request a copy of the details to service employees referred to in the details; and
to make these details available for at least two weeks, commits an offence and is liable on conviction to a fine of five thousand dollars and to imprisonment for six months.
Any service employer who, when requested to do so by the Director, fails to —
produce to the Director for inspection the record kept by the employer for the purpose of subsection (1); and
provide to the Director a copy or print out of the information stored in the record, commits an offence and is liable on conviction to a fine of five thousand dollars and to imprisonment for six months.
Any person required to keep a record for the purpose of subsection (1) who fails to retain any record made for the purpose of that subsection for at least three years commits an offence and is liable on conviction to a fine of five thousand dollars and to imprisonment for six months.
In this section — “record” means any means by which information may be stored and retrieved.