Tobacco Act, 1934

Minimum rates of wages at rehandling stations.

30.—(1) The Minister for Industry and Commerce, after consultation with the Minister, may, if he so thinks fit, by order under this sub-section fix the minimum piece or time rates of wages to be paid to persons employed at rehandling stations and different rates may be fixed in respect of different classes of employment.

(2) The Minister for Industry and Commerce, after consultation with the Minister, may by order under this sub-section revoke or amend an order made by him under the immediately preceding sub-section.

(3) Where an order under sub-section (1) of this section is in force, a rehandler shall pay to every person employed at a rehandling station wages at not less than the rate applicable under such order to such person clear of all deductions, and if such rehandler fails to do so he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(4) In the immediately preceding sub-section the expression “deductions” includes deductions for or in respect of any matter whatsoever (other than deductions under the National Insurance Act, 1911, as amended by any subsequent enactments or deductions authorised by any Act to be made from wages in respect of contributions to any superannuation or other provident fund) and notwithstanding that they are deductions which may lawfully be made from wages under the provisions of the Truck Acts, 1831 to 1896, and where any payment being a payment authorised to be received by an employer under section 1, section 2, or section 3 of the Truck Act, 1896, is made by any employed person to his employer, the employer shall, for the purposes of the foregoing sub-section, be deemed to have deducted that amount from wages.

(5) The Minister for Industry and Commerce, after consultation with the Minister, may if he so thinks fit, establish an advisory committee to advise him in regard to the making of orders under sub-section (1) of this section and the revocation and amendment of such orders.

(6) An advisory committee established under the next preceding sub-section of this section shall consist of a chairman appointed by the Minister for Industry and Commerce and of such and so many other members as the said Minister shall think proper to appoint, subject to the limitation that such other members shall consist in equal proportions of persons representing workers at rehandling stations and persons representing employers of such workers.

(7) Payments may be made by the Minister for Industry and Commerce out of moneys provided by the Oireachtas to members of the advisory committee established under this section, to such extent as may be sanctioned by the Minister for Finance, in respect of repayment of travelling expenses and payment of subsistence allowance.

(8) In any prosecution of a rehandler for an offence under this section, it shall lie on the rehandler to prove that he has not paid wages at less than the minimum rate payable under the order, for the time being in force, made under sub-section (1) of this section.

(9) An offence under this section may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.