Section 2: Interpretation

2. Interpretation In this Act— “additional remuneration”— (a) in relation to a full-time employee, means the appropriate amount specified in Part I of the Schedule; (b) in relation to a part-time employee, means the appropriate percentage or amount specified in the second column of Part II of the Schedule and corresponding to the basic wage or salary payable to the employee as specified in the first column of the Schedule; “authorised officer” means the supervising officer 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 and which exceeds the national minimum wage payable to him under the National Minimum Wage Regulations 2017, such basic wage or salary, whether or A4J – 1 [Issue 10] 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, other than an employee of an export enterprise, whose basic wage or salary is prescribed and which, prior to 1 January 2018, was less than the national minimum wage payable to him under the National Minimum Wage Regulations 2017, the national minimum wage plus the additional remuneration payable under the Additional Remuneration and other Allowances (2018) Act 2017; (iii) in relation to an employee of an export enterprise whose basic wage or salary is prescribed and which, prior to 1 January 2018, was less than the national minimum wage payable to him under the National Minimum Wage Regulations 2017, the national minimum wage; (iv) in relation to an employee in respect of whom no wage or salary is prescribed under any Remuneration Regulations or agreed upon in his contract of service, the total amount, by whatever name called, earned by him as from 1 January 2019; (v) in every other case and subject to the payment of the national minimum wage under the National Minimum Wage Regulations 2017, the basic wage or salary agreed upon in the employee’s contract of service, whichever is higher, 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 (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 works or has worked under a contract of service or apprenticeship, whether the contract is express or [Issue 10] A4J – 2 implied, oral or in writing, and whether the person is paid daily, weekly, fortnightly, monthly or otherwise; and (b) includes a part-time employee and a homeworker; but (c) does not include a public officer; “homeworker” has the same meaning as in section 5 (6) of the Employment Rights Act; “Minister” means the Minister to whom responsibility for the subject of labour is assigned; “Ministry” means the Ministry responsible for the subject of labour; “part-time employee” means an employee whose normal hours of work are less than those of a compa n is paid daily, weekly, fortnightly, monthly or otherwise; and (b) includes a part-time employee and a homeworker; but (c) does not include a public officer; “homeworker” has the same meaning as in section 5 (6) of the Employment Rights Act; “Minister” means the Minister to whom responsibility for the subject of labour is assigned; “Ministry” means the Ministry responsible for the subject of labour; “part-time employee” means an employee whose normal hours of work are less than those of a comparable full-time employee; “public officer” has the same meaning as in the Constitution; “supervising officer” means the supervising officer of the Ministry. PART II – ADDITIONAL REMUNERATION