Section 3: Payment of additional remuneration

3. Payment of additional remuneration (1) Subject to subsections (4) and (5) and to section 9, every employer shall, as from the appointed date, pay to every employee in his employment, in addition to the basic wage or salary payable to the employee, the additional remuneration. (2) Where the wage or salary of an employee is paid partly by one employer and partly by another, each employer shall pay that part of the additional remuneration which bears the same proportion to the additional remuneration as the part of the wage or salary paid by him bears to the total wage or salary. (3) Where an employer has paid during the period 1 July 2008 to 30 June 2009 an increase in wage or salary otherwise than— (a) by virtue of the Additional Remuneration Act 2008; (b) pursuant to an award of the Permanent Arbitration Tribunal, or Employment Relations Tribunal, as the case may be; or (c) by way of an increment or increase on promotion, and such increase was specified in writing, or agreed upon by the employee, as being an increase in wage or salary designed specifically to compensate [Issue 3] A4B – 2 the employee for an increase in the cost of living in respect of the abovementioned period, there shall be sufficient compliance with subsection (1), in case such increase is less than the additional remuneration specified in subsection (1), if the employer pays the difference. (4) Subject to subsection (6), where an employee is remunerated on a piece rate basis at rates prescribed in the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1983 or as agreed upon, such rates shall, as from the appointed date, be increased in the same proportion as the increase of the payment of the additional remuneration on the basic wage prescribed or agreed upon, as the case may be, of the employee. (5) Subject to subsection (6), where an employee is remunerated on a piece rate basis at rates prescribed in— (a) the Cinema Workers (Remuneration Order) Regulations 2005; (b) the Tea Industry Workers (Remuneration Order) Regulations 1984; or (c) any other enactment, such rates shall, as from the appointed date, be increased by 5.1 per cent. (6) The piece rates prescribed in the enactments specified in subsections (4) and (5) shall include any previous additional remuneration granted by law. (7) Where civil or criminal proceedings are instituted against an employer under this Act in relation to an employee first employed by him on or after the appointed date, it shall be a defence for the employer to prove that the wage or salary paid to the employee is not less favourable than all the pecuniary payments made to any other employee of the same grade.