Section 2: Interpretation

2. Interpretation In this Act— “authorised officer” means the Permanent Secretary or any public officer authorised by him; “basic wage or salary”— (a) means— (i) the basic wage or salary prescribed or agreed upon; or (ii) in any other case, the wages or salary actually earned by an employee on a piece rate basis or otherwise; and (b) includes any previous additional remuneration granted under any enactment; but (c) does not include any allowance, commission, or other benefit given to an employee in lieu of, or in addition to, his basic wage or salary; “continuous employment” means employment on an average of at least two thirds of the total number of working days during which an employee has been in the employment of an employer; “employee”— (a) means a person who works or has worked under a full-time or part-time contract of service or apprenticeship, whether the contract is express or implied, oral or in writing, and whether the person is paid daily, weekly, monthly or otherwise; and E10 – 1 [Issue 1] End of the Year Gratuity Act (b) includes— (i) a person whose employment has been terminated in the course of the year by reason of redundancy; (ii) a person who retired in the course of the year in compliance with the provisions of any agreement or enactment other than the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1983, the Sugar Industry (Non-Agricultural Workers) (Remuneration Order) Regulations 1985, the Salt Manufacturing Industry (Remuneration Order) Regulations 1983, and the Tea Industry Workers (Remuneration Order) Regulations 1984; (c) does not include a public officer; “gratuity” means the gratuity payable under section 3; “Minister” means the Minister to whom responsibility for the subject of labour is assigned; “Permanent Secretary” means the Permanent Secretary of the Ministry; “working day”— (a) means a day on which work is normally performed; and (b) includes a day on which an employee— (i) has been absent from work for good and sufficient cause; (ii) is not provided with work by his employer; (iii) has earned his basic wage or salary.