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 1 January 2019, pay to every employee in his employment, in addition to the actual wage or salary earned by 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 January 2018 to 31 December 2018 an increase in wage or salary— (a) otherwise than— (i) by virtue of the Additional Remuneration and Other Allowances (2018) Act 2017; (ii) by way of an increment or increase on promotion; or (b) pursuant to a collective agreement or an award of the Employment Relations Tribunal, 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 the employee for an increase in the cost of living in respect of that 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. A4J – 3 [Issue 10] (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 1 January 2019, 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 Employees (Remuneration Order) Regulations 2005; (b) the Tea Industry Workers (Remuneration Order) Regulations 1984; (c) the Banks Fishermen and Frigo-workers Remuneration Regulations 2016; or (d) any other enactment, such rates shall, as from 1 January 2019, be increased by 4 per cent but shall not be more than 400 rupees. (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 Part in relation to an employee first employed by him on or after 1 January 2019, 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.