TH DECEMBER 1945] 4 P ART I - SECT 13 Computation of remuneration.

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TH DECEMBER 1945] 4 P ART I - SECT 13

Computation of remuneration.

13.(1) Subject to the provisions of this section, any reference in this Part
of this Act to remuneration shall be construed as a reference to the amount
obtained or to be obtained in cash by the worker from his employer after
allowing for the worker's necessary expenditure, if any, in connection with
his employment, and clear of all deductions in respect of any matter
whatsoever, except any deduction lawfully made

(a)under the Income Tax Acts, ... [the [enactments relating to ... social
security]], or any enactment requiring or authorising deductions to be made
for the purposes of a superannuation scheme;

(b)at the request in writing of the worker, either for the purposes of a
superannuation scheme or a thrift scheme or for any purpose in the carrying
out of which the employer has no beneficial financial interest, whether
directly or indirectly; or

(c)in pursuance of, or in accordance with, such a contract in that behalf as
is mentioned in section one, two or three of the Truck Act, 1896, and in
accordance with the provisions of that section.

(2) Notwithstanding anything in the preceding sub-section,
wages regulation proposals and wages regulation orders may contain provisions
authorising specified benefits or advantages, being benefits or advantages
provided, in pursuance of the terms and conditions of the employment of
workers, by the employer or by some other person under arrangements with the
employer and not being benefits or advantages the provision of which is
illegal by virtue of the Truck Acts (Northern Ireland), 1831 to 1940, or of
any other enactment, to be reckoned as payment of wages by the employer in
lieu of payment in cash, and defining the value at which any such benefits or
advantages are to be reckoned.

(3) If any payment is made by a worker in respect of any benefit or advantage
provided as mentioned in the last preceding sub-section, then

(a)if the benefit or advantage is authorised by virtue of that sub-section to
be reckoned as therein mentioned, the amount of the payment shall be deducted
from the defined value for the purposes of the reckoning;

(b)if the benefit or advantage is authorised by virtue of that sub-section to
be reckoned as therein mentioned, any excess of the amount of the payment over
the defined value shall be treated for the purposes of sub-section (1) of this
section as if it had been a deduction not being one of the excepted deductions
therein mentioned;

(c)if the benefit or advantage is specified in a wages regulation order as one
which has been taken into account in fixing the statutory minimum
remuneration, the whole of the payment shall be treated for the purposes of
sub-section (1) of this section as if it had been a deduction not being one of
the excepted deductions therein mentioned.

(4) Nothing in this section shall be construed as authorising the making of
any deduction, or the giving of remuneration in any manner, which is illegal
by virtue of the Truck Acts (Northern Ireland), 1831 to 1940, or of any other
enactment.

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Northern Irish Legislation

TH DECEMBER 1945] 4 P ART I - SECT 13