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Permits to infirm and incapacitated persons

Cap. 302, s. 9 · Revised Edition 2020

(1) Whereas respects any worker employed or desiring to be employed in such circumstances that a wages regulation order applies or will apply to him, the Labour Commissioner is satisfied on application being made to him for a permit under this section either by the worker or the employer or a prospective employer, that the worker is affected by infirmity or physical incapacity which renders him incapable of earning the statutory minimum remuneration, he may, if he thinks fit, grant, subject to such conditions, if any, as he may determine, a permit authorising the employment of the worker at less than the statutory minimum remuneration, and while the permit is in force the remuneration authorised to be paid to the worker by the permit shall, if those conditions are complied with, be deemed to be the statutory minimum remuneration. (2) Where an employer employs any worker in reliance on any document purporting to be a permit granted under subsection (1) authorising the employment of that worker at less than the statutory minimum remuneration, then, if the employer has notified the Labour Commissioner that, relying on that document, he is employing or proposing to employ that worker at a specified remuneration, the document shall, 14 notwithstanding that it is not or is no longer a valid permit relating to that worker, be deemed, subject to the terms thereof and as respects only any period after the notification, to be such a permit until notice to the contrary is received by the employer from the Labour Commissioner.
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