§ (1.) An employer shall not make any contract with any deduction from the gross sum contracted to he paid by the employer to the workman, or for any payment to the employer by the workman for or in respect of bad or negligent work or injury to the materials or other property of the employer, unless—
- (a) the contract is embodied in a printed notice affixed at the pit head or at the entrance of a factory or workshop, and in such parts of a mine, factory, or
780 workshop as one of Her Majesty's Inspectors of Mines or Factories may direct or approve, and constantly kept so affixed in such a position that it can be easily read by the persons employed in the mine, factory, or workshop; or the contract is in writing, signed by the workmen; and - (b) the deduction or payment to be made under the contact does not exceed the actual or estimated damage or loss occasioned to the employer by the act or omission of the workman, or of some person over whom he has control, or for whom he has by the contract agreed to be responsible; and
- (c) the amount of the deduction or payment is fair and reasonable, having regard to all the circumstances of the ease.
(2.) An employer shall not make any such deduction or receive any such payment unless—
- (a) the deduction or payment is made in pursuance of, or in accordance with, such a contract as aforesaid; and
- (b) particulars in writing showing the acts or omissions in respect of which the deduction or payment is made and the amount thereof are supplied to the workman on each occasion when a deduction or payment is made.
§ SIR MATTHEW WHITE RIDLEY moved in Sub-section (1) to leave out the word "gross."
§ Amendment agreed to.
§
SIR MATTHEW WHITE RIDLEY moved to omit the following words from paragraph (a) Sub-section (1):—
contract is embodied in a printed notice affixed at the pit head or at the entrance of a factory or workshop, and in such parts of a mine, factory, or workshop as one of Her Majesty's Inspectors of Mines or Factories may direct or approve, and constantly kept so affixed in such a position that it can be easily read by the persons employed in the mine, factory, or workshop,
and to insert instead thereof the words—
terms of the contract are contained in a printed notice kept constantly affixed at such place or places open to workmen, and in such a position that it may be easily seen, read, and copied by any person whom it affects.
§ Amendment agreed to.
§ MR. McKENNA moved in paragraph (b) Sub-section (1) to leave out the words "actual or estimated."
781§ MR. J. SAMUELsaid he had an objection to this Amendment, and he suggested therefore, that it should not be entered upon at such a late hour.
§ MR. SAMUEL EVANS moved the adjournment of the Debate.
§ Debate adjourned till To-morrow.