Detail

1. The contractor shall pay rates of wages and observe hours and conditions of labour not less favourable than those established in the trade or industry in the district where the work is carried out, by agreement, machinery of negotiation or arbitration to which the parties are organisations of employers and trade unions representative respectively of substantial proportions of the employers and workers engaged in the trade or industry in the district (hereinafter referred to as “established rates and conditions”) or failing such established rates and conditions in the trade or industry in the district, established rates and conditions in other districts where the trade or industry is carried on under similar general circumstances.

2. In the absence of any established rates and conditions as defined in paragraph 1, the Labour Commissioner shall, after consultation with representatives of employers and workers prepare and furnish a schedule setting out fair and reasonable rates and conditions to be observed in the execution of the contract, having regard to established rates and conditions in respect of persons employed in a capacity and in general circumstances similar to those of the persons engaged on the contract or failing such established rates and conditions, any fair standards of rates and conditions commonly recognised in respect of persons employed in a similar capacity and in similar general circumstances.

3. Before being placed on any list of Government contractors or being allowed to tender for Government contracts, the contractor shall certify that to the best of his or her knowledge and belief the wages, hours of work and condition of labour of all workers employed by him or her in the trade or industry in which he or she is offering himself or herself as a contractor are fair and reasonable having regard to the provisions of paragraph 1 of these rules.

4. In the event of any difference or dispute arising as to what wages ought to be paid, or what hours or other working conditions ought to be observed in accordance with the requirements of paragraph 1, it shall, if not otherwise disposed of, be referred by the Labour Commissioner to the Governor General who may if he or she thinks fit refer the matter to an Arbitration Tribunal in accordance with the provisions of Trade Disputes (Arbitration and Inquiry) Act. In arriving at its decision the tribunal, in the absence of any established rates and conditions in the trade or industry concerned as specified in paragraph 1, shall have regard to any agreement, custom, practice or award that may be brought to its notice relating to the wages, hours or conditions of labour of persons employed in a capacity similar to that of the persons to whom the difference or dispute relates in trade or industries carried on under similar general circumstances.

5. The contractor shall keep proper wages books and time sheets showing the wages paid to and time worked by the workers in and about the execution of the contract, and he or she shall be bound, whenever required, to produce such wages books and time sheets for the inspection of any person authorised by the Labour Commissioner.

6.
1. (1) The contractor shall be prohibited from subletting unless the approval of the Labour Commissioner is obtained.
1. (2) A sub-contractor shall be bound in all cases to conform to the conditions of the main contract and the main contractor shall be responsible for the observance of all contract conditions on the part of the sub-contractors.
1. (3) The contractor shall not transfer or assign a contract or any portion thereof without the written permission of the Labour Commissioner.
1. (4) No portion of the work to be performed on a contract shall be done at the homes of the workers, except in so far as work is so performed by practice or custom.

7. The contractor shall post, or cause to be posted, notices in conspicuous places at the establishments and work places concerned with a view to informing the workers of their conditions of work. (Inserted by S.I. 17/1965)

8. Contractors and sub-contractors shall recognise the freedom of their workers to be members of registered trade unions.

9. A contractor shall not be entitled to payment of any money which would otherwise be payable under the terms of contract in respect of the work and labour performed in the execution of the contract unless and until he or she has filed together with his or her claim for payment a certificate—
1. (a) showing the rates of wages and hours of labour of the various classes of workers employed in the execution of the contract;
1. (b) whether any wages in respect of the said work and labour remain in arrears; and
1. (c) that all the labour conditions of the contract have been duly complied with.

9. The contractor shall also furnish to the Labour Commissioner such further detailed information and evidence as the Labour Commissioner may consider necessary in order to satisfy him or her that the conditions of these rules have been complied with.

10. In the event of default being made in payment of any money in respect of wages of any workman employed on the contract and if a claim thereafter is filed with the Labour Commissioner and proof thereof satisfactory to the Labour Commissioner is furnished, the Labour Commissioner may failing payment by the contractor, arrange for the payment of such claim out of the monies at any time payable under the said contract and the amount so paid are considered payments to the contractor.

11. Any contractor or sub-contractor who fails to comply with any of these rules shall cease to be approved as a contractor or sub-contractor for such period as the Labour Commissioner may determine.