(1) In any workplace wherein a percentage is added to the customer's bill, other than a tax, the percentage added shall be in the form of a service charge, and the service charge shall be distributed in a manner to be agreed between the employer and the employees or in accordance with the provisions of a collective agreement.
(2) In any workplace wherein the wages of an employee consist of a share of profits or of commission on payment on sales made or received by the employer, the profits or commission shall be distributed in a manner to be agreed upon between the employer and the employees or in accordance with the provisions of a collective agreement.
(3) An employer shall, as and when required by the Labour Commissioner, certify the total amount of service charge levied during a given period or the amount of profit or commission made during any given period and the manner and form in which that amount was distributed. (Amended by Act 6 of 2011)