Effect and enforcement of wages regulation orders

(1) Where a contract between a worker to whom a wages regulation order applies and his employer provides for the payment of less remuneration than the statutory minimum remuneration, it shall have effect as if for that less remuneration there were substituted the statutory minimum remuneration, and if any such contract provides for the payment of any holiday remuneration at times or subject to conditions other than those specified in the Order, it shall have effect as if for those times or conditions there were substituted the times or conditions specified in the Order. (2) Where an employer fails to pay to a worker to whom a wages regulation order applies remuneration not less than the statutory minimum remuneration, or fails to pay to any such workers holiday remuneration at the times and subject to the conditions specified in the Order or fails to allow to any such worker the holidays fixed by the Order, he commits an offence and is liable on summary conviction to a fine not exceeding one hundred and fifty dollars for each offence. (3) Where the employer or any other person charged as the 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 worker by way of remuneration, if this Part had been complied with, and the amount actually so paid. (4) On the prosecution of any person for failing to pay not less than the statutory minimum remuneration, it shall lie on that person to prove that he has not paid less than the statutory minimum (5) Where proceedings are brought under this section in respect of an offence consisting of a failure to pay not less than the statutory minimum remuneration, then, if notice of intention to do so has been served with the summons, warrant or complaint, (a) evidence may, on the employer or any other person charged as a person to whose act or default the offence was due having been found guilty of the offence, be given of any like contravention on the part of the employer 13 in respect of any period during the two years immediately preceding the date of the offence; and (b) on proof of the failure, 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 worker by way of remuneration, if this Part had been complied with, and the amount actually so paid. (6) The power given by this section for the recovery of sums due from an employer to a worker shall not be in derogation of any right to recover such sums by civil proceedings.