Section 95: Effect of Remuneration Regulations

95. Effect of Remuneration Regulations (1) Remuneration Regulations shall be binding on the employers and workers and shall not be subject to abatement by them by individual agreement, except by collective agreement under conditions expressly provided for under this Act. (1A) Notwithstanding subsection (1), where, in an enterprise or industry, there is a collective agreement which covers or refers to matters specified in the relevant Remuneration Regulations, those Remuneration Regulations shall not apply to that enterprise or industry, except for provisions in relation to matters not covered or referred to in the collective agreement. (2) An employer who contravenes any Remuneration Regulation shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees. (3) Any prosecution for an offence under subsection (2) shall take place before the Industrial Court which shall have jurisdiction to hear and determine any charge laid under that subsection. (4) It shall be a defence in any proceedings under subsection (2) for an employer to satisfy the Industrial Court that— (a) he has used every diligence to ensure compliance with this Subpart; (b) the offence was committed— (i) without his knowledge or consent; or (ii) by reason of a bona fide mistake in the keeping of his records; and (c) the consequences of the ignorance or mistake have been rectified. E9A – 51 [Issue 8] Employment Relations Act (5) Where an employer is convicted of an offence under subsection (2) which consists in the payment to a worker of a lesser remuneration than the minimum remuneration specified in Remuneration Regulations, the Industrial Court may, without prejudice to any penalty which may be imposed under subsection (2), order the employer to pay to the worker the difference between the amount which ought to have been paid as remuneration and the amount actually paid. (6) Notwithstanding subsection (5), the Industrial Court shall have jurisdiction to hear and determine any civil claim arising out of any Remuneration Regulations. [S. 95 amended by s. 30 of Act 5 of 2013 w.e.f. 11 June 2013.]