Section 2: Interpretation
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
2. Interpretation
In this Act—
“additional remuneration”, in relation to an employee, means the appropriate amount determined in accordance with, or specified in, the second
column of the Schedule and corresponding to the basic wage or salary
payable to the employee as specified in the first column of the Schedule;
“appointed date” means 1 January 2012;
“authorised officer” means the Permanent Secretary or any public officer authorised by him;
“basic wage or salary”—
(a) means—
(i) in relation to an employee whose basic wage or salary is
prescribed, such basic wage or salary, whether or not the
employee’s actual wage or salary exceeds the prescribed
wage or salary or the employee is remunerated on a piece
rate basis or employed on task work;
(ii) in relation to an employee in respect of whom no wage or
salary is prescribed or agreed upon in his contract of service, the total amount, by whatever name called, earned by
him as from the appointed date;
A4E – 1 [Issue 4]
Additional Remuneration (2012) Act 2011
(ii) in every other case, the basic wage or salary agreed upon
in his contract of service, whether or not the employee’s
actual wage or salary exceeds the agreed wage or salary or
the employee is remunerated on a piece rate basis or
employed on task work; and
(Editorial Note: Numbering as per original Government Gazette.)
(b) includes any previous additional remuneration granted under any
enactment; but
(c) does not include any allowance, commission or other benefit not
forming part of an employee’s wage or salary but given to him in
addition to his wage or salary;
“comparable full-time employee” means a full-time employee who—
(a) has the same type of employment relationship;
(b) is engaged in the same or a similar type of work or occupation;
and
(c) is employed in the same establishment, enterprise or branch of
activity,
as a part-time employee;
“employee”—
(a) means any person who—
(i) works or has worked under a contract of service or apprenticeship, whether the contract is express or implied, oral or
in writing, and whether the person is paid daily, weekly,
fortnightly, monthly or otherwise; and
(ii) is drawing a monthly basic wage or salary of 30,000 rupees
or less;
(b) includes a part-time employee; but
(c) does not include a public officer;
“Minister” means the Minister to whom responsibility for the subject of
labour and employment relations has been assigned;
“part-time employee” means an employee whose normal hours of work
are less than those of a comparable full-time employee;
“Permanent Secretary” means the Permanent Secretary of the Ministry
responsible for the subject of labour and employment relations.