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Amendment of section 1 of Principal Act
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2. Section 1 of the Principal Act is amended in subsection (1)—
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(a) by the insertion of the following definitions:
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“ ‘contract worker’ has the meaning assigned to it in section 4F;
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‘mandatory charge’ means a contractually-imposed and receipted payment that—
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(a) a customer is required to pay in order to receive certain goods or services provided to the customer by or on behalf of an employer, and
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(b) is payable by the customer in addition to an amount payable for the cost of such goods or services;
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‘tip or gratuity’ means a payment that is—
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(a) voluntarily made to, or left for, an employee or group of employees by a customer, in circumstances in which a reasonable person would be likely to infer that the customer intended or assumed that the payment would be kept by the employee or shared with other employees, or
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(b) voluntarily made to an employer, or to a person engaging contract workers, by a customer, in circumstances in which a reasonable person would be likely to infer that the customer intended or assumed that the payment would be distributed to an employee, a group of employees or to a contract worker;”,
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and
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(b) in the definition of “wages”—
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(i) in paragraph (v), by the substitution of “in kind,” for “in kind.”, and
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(ii) by the addition of the following paragraph after paragraph (v) :
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“(vi) any payment by way of tips or gratuities.”.
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