Payment of contributions by reference to work done. Units of work. 20.-(1) Where an employer has given a notice of entry in respect of an outworker, and the notice is still in force, that employer shall, instead of paying contributions for each week in which work is done for him by an outworker to whom this Part of these Regulations applies, pay one contribution for each unit of work or part of a unit of work done by the outworker, and such payments shall be irrespective of contributions paid by other employers in respect of the same outworker, whether under this Part of these Regulations or otherwise : Provided that when a contribution has been paid for less than a whole unit of work, no further contribution shall be payable by the employer in respect of any further work, unless and until such further work, together with the work done for that employer for which the contribution was paid, amounts to more than a whole unit of work. (2) The contribution payable under this Part of these Regulations for each unit of work in respect of an outworker and the employer's and contributor's contributions respectively shall be the same as would be payable for each week, if this Part of these Regulations were not applicable to that outworker. (3) Every contribution payable in respect of an outworker under this Part of these Regulations shall be paid by affixing to a proper card a stamp or stamps in the space indicated for that purpose on the card, and the stamp or stamps shall be so affixed before payment is made by the employer to the outworker for the work in respect of which that contribution is payable. 21.--(1) The unit of work shall for the classes of work set out in the first column of the third part of the Second Schedule to these Regulations be an amount of work in respect of which the payment made to the outworker, after deduction of any expenses incurred by the outworker which are necessarily incidental to the work, is the sum set out in the second column of that part of that Schedule: Provided that if any outworker or any employer of an outworker gives notice to the Commissioners in the form set out in the fourth part of the Second Schedule to these Regulations, desiring them as respects any class of work, or any class of work done in a locality, or for any employer or group of employers, specified in the notice, to vary the unit of work for the time being applicable to that class of work, the Commissioners may fix such a unit of work as they think fit for that class of work, and the unit of work so fixed shall be substituted for the unit of work specified in the third part of the Second Schedule to these Regulations: Provided also that on sufficient cause being shown the Commissioners may vary any unit of work with respect to any class of work, or any class of work done in a locality, or for any employer or group of employers, notwithstanding that such notice has not been given, and the units of work so fixed by the Commissioners shall have effect as if fixed in pursuance of a notice under this Article. (2) In fixing units of work for any class of work, the Commissioners shall have regard to the average amount of work done in a week by outworkers employed in full time employment in that class of work: provided that where the work is of a seasonal nature and subject to periodical fluctuation, the Commissioners may have regard to the average amount of work done by a regularly employed outworker in a week in that class of work. work. 22. Where an employer employs an outworker in respect of Employment whom he has given a notice of entry in two or more classes of in more than work to which different units are applicable, and does not issue one class of to him a separate card in respect of each class of work and pay contributions in accordance with the different units, he shall pay contributions in respect of that outworker as if the lowest unit of work applicable to any of the classes of work done by him were applicable to all and each of such classes of work. year. 23. (1) If in any year a number of contributions equal to the Number of number of weeks in that year have been paid whether contribuunder this Part of these Regulations or otherwise, by or tions in respect of an outworker, the outworker may apply to his payable in a Society, or, in the case of a deposit contributor, to the Commissioners, for a certificate that all contributions payable in respect of him for that year have been paid, and the Society or Commissioners, as the case may be, shall issue such a certificate to him accordingly, and an employer who in any year has himself paid the aforesaid number of contributions in respect of an outworker, may require that outworker to obtain such a certificate: Provided that in the case of an outworker who is an exempt person any employer of that outworker, or the outworker himself, may apply to the Commissioners for a certificate, and the Commissioners may issue a certificate accordingly. (2) Notwithstanding anything in these Regulations, any employer who employs a person to or in respect of whom such at certificate has been issued shall not be required to pay any contribution in respect of that person during the remainder of the year in respect of which that certificate was issued. tions. 24. For the purpose of calculating the number of contributions Calculation paid by or in respect of any outworker to whom this Part of of number of these Regulations applies and for the purposes of any Regula- contributions relating to the benefits of persons in arrears made under the Act of 1918 and for the time being in force and for the purposes of sub-section (3) of Section 55 of the Act, any contribution payable in respect of a unit of work shall be reckoned as if it were a contribution payable in respect of an employed contributor other than such an outworker, and he shall be deemed to have been unemployed for the number of weeks for which contributions are not payable in respect of him. 25. (1) Every employer of outworkers who has given a notice of entry shall keep conspicuously posted in the place where he gives out articles or materials to outworkers, in such manner as to be seen by those outworkers, a notice in a form approved by the Commissioners, containing a statement of the unit of work applicable to each class of work there given out, and a table of the rates of contribution payable. (2) Every such employer shall keep a record in plain words and figures of the amount paid for each parcel of work given out to an outworker, of the name of the outworker to whom it is given out, and of the unit of work applicable thereto : 6979 N 2 List of units of work to be posted up. Special provisions. Application of Parts II. and V. of Regulations. Saving as to certain outworkers. Employment by two or more em ployers. Provided that, where the particulars above mentioned are recorded by entries made by the employer in a wages book kept by the outworker, such entries shall be deemed to be a sufficient compliance with these provisions. 26. (1) Every employer who has given a notice of entry shall, at the beginning of every period of currency, or so soon thereafter as a contribution becomes payable by him under this Part of these Regulations, make application to the Commissioners for the proper cards, and inscribe thereon the name and address of the outworker to whom the card is issued and of the employer by whom the card is issued and the amount of the unit of work, and also, in the case of an exempt person, the number of his certificate of exemption, and shall issue a card so inscribed to each outworker in respect of whom he has given notice of entry: Provided that where an employer employs an outworker in respect of whom he has given such notice in two or more classes of work to which different units of work are applicable, the employer shall, unless he elects to pay contributions at a uniform rate as provided in this Part of these Regulations, issue to such outworker a separate card in respect of each class of work. (2) No card issued by an employer under this Part of these Regulations shall be used for the payment of contributions otherwise than under this Part of these Regulations or by any employer other than the employer by whom the card is issued. 27. Part II. and Part V. of these Regulations, except in so far as inconsistent with this Part, shall apply to the employment of an outworker by any employer who has given a notice of entry applicable to that outworker, as if a contribution payable under this Part were a weekly contribution : Provided that if an outworker fails to produce and deliver up to his employer a card, the employer shall, instead of preparing and stamping an emergency card, inscribe the name and address of the outworker on a proper card for the current period, and shall issue the card duly stamped to the outworker. 28. Nothing in this Part of these Regulations shall apply to any outworker who does not himself, in the ordinary course of his employment as an outworker, do the greater part of the work given out to him. PART V. EMPLOYMENT BY MORE THAN ONE EMPLOYER. 29.-(1) Where any persons are ordinarily employed by two or more employers in a week, the employers, or any class or group of the employers, of those persons may, if they think fit, submit to the Commissioners a scheme for the payment of contributions under the Act in respect of those persons. (2) Where the Commissioners are satisfied that any scheme so submitted to them is such as to secure the due payment of the contribution payable under the Act in respect of every employed contributor to whom the scheme applies for every week during any part of which he is employed by any employer who is a party to the scheme, they may, if they think fit, approve the scheme, (3) Any such scheme may make such modifications in these Regulations as may be necessary to give effect to the arrangements made under the scheme. (4) Where a scheme has been approved by the Commissioners, the parties to the scheme who have employed any person to whom the scheme applies in the course of a week shall in respect of that week be deemed jointly to be the employer of that person for the purposes of the provisions of the Act relating to the payment of contributions. 30. In the case of a person employed as an agent by two or Employment more employers and paid by commission or fees or a share in the as agent by profits, or partly in one and partly in another of those ways, the two or more employers. employer in the employment on which the person employed as an agent is mainly dependent for his livelihood shall be deemed to be the employer of that person for the purposes of the provisions of the Act relating to the payment of contributions. more em ployers. 31. If an outworker during any week works on any articles or Employment materials given out to him by an employer who has not given as outworker notice of entry in respect of him under Part IV. of these Regu- by two or lations, that employer shall for the purpose of the provisions of the Act relating to the payment of contributions be deemed to be the employer of the outworker for that week, if at the time of the return of the work to the employer a contribution has not already been paid in respect of the outworker for that week by another employer who has not given notice of entry in respect of him under Part IV. of these Regulations. 32. Where any person is employed by two or more employers First in any week and no one of these employers is the first person during week. employer employing him in that week within the meaning of the Act, then, unless the case is one for which other provision is expressly made by these Regulations, that one of the employers who first makes a money payment to the person employed in respect of his employment in that week shall be deemed to be the employer of that person for the purpose of the provisions of the Act relating to the payment of contributions. 33.-(1) Notwithstanding anything in this Part of these Regu- Agreement lations, where any one person is ordinarily employed by more than by grouped one employer in the week, the employers of that person may employers. enter into an agreement for the payment of contributions in respect of that person in such form as the Commissioners may approve, and where any such agreement is entered into between any such employers the following provisions shall have effect: (a) Where in any week the person in respect of whom the (b) If in any week a contribution is payable by the em- of them, that contribution shall in the first such week be paid by that one of the parties to the agreement employing the contributor during that week whose signature to the agreement appears first in order, and in any subsequent week by that one of the parties to the agreement employing the contributor during that week whose signature to the agreement is next in succession to that of the person who paid the last weekly contribution payable by the parties to the agreement, and for this purpose the signatures of the parties shall be read in rotation, the first signature being deemed to be next in succession to the last and the signature of any person who does not employ the contributor during that week being disregarded; (c) The employer whose duty it is to pay the contribution for any week shall be deemed to be the employer of the contributor for the purpose of the provisions of the Act relating to the payment of contributions; (d) Any one of the parties to the agreement may, immediately after paying a contribution, but not at any other time, strike out his signature to the agreement and write his initials with the date opposite his signature, and upon so doing he shall cease to be a party to the agreement, and the contributor may, upon ceasing to be employed by any person who is a party to the agreement, strike out from the agreement the signature of that person, and on so doing shall write his own initials with the date opposite the signature so struck out; (e) If at any time any other person employing or about to employ the contributor desires to become a party to the agreement, he may, subject as hereinafter provided, affix his signature, with the date, at the end of the signatures appended to the agreement, and this Part of these Regulations shall thenceforth apply to him in like manner as if he had been an original party to the agreement: Provided that where a contribution would be payable in any week in respect of the contributor by any such other person if that person did not become a party to the agreement, that person shall not be entitled to affix his signature as aforesaid unless and until he pays the contribution so payable. (2) Employers desiring to enter into an agreement for the purposes of this Part of these Regulations shall enter their names and addresses in a book to be issued for the purpose by the Commissioners, and every such book shall be signed in each week by the employer paying the contribution in respect of that week. (3) Upon the termination of the period specified in any such book, the agreement shall cease to be binding upon the employers, and any person having possession of the book shall forthwith return it to the Commissioners. |