HC Deb 01 December 1911 vol 32 cc942-4

(1) For the purposes of this Part of this Act— The expression "workman" means any person of the age of sixteen or upwards employed wholly or mainly by way of manual labour, who has entered into or works under a contract of service with an employer, whether the contract is expressed or implied, is oral or in writing, and in relation to a person whilst unemployed means a person who, when employed, fulfilled the conditions aforesaid, but does not include an indentured apprentice; Contributions made by an employer on behalf of a workman shall be deemed to be contributions by the workman; Two periods of unemployment of not less than two days each, separated by a period of not more than two days, or two periods of unemployment of not less than one week each separated by an interval of not more than six weeks, shall be treated as a continuous period of unemployment, and the expression "continuously unemployed" shall have a corresponding meaning; Temporary work provided by a central body or distress committee under the Unemployed Workmen Act, 1905, or towards the provision of which any such central body or distress committee has contributed under that Act, shall not be deemed to be employment in an insured trade. A workman shall not be deemed to be unemployed whilst he is following any remunerative occupation on his own account. A workman shall not for the purposes of contributions be deemed to be employed in any period in respect of which he receives no remuneration from his employer notwithstanding that he continues during such period in his employment.

(2) In determining any question as to whether any trade in which a workman is or has been employed is an insured trade, regard shall be had to the nature of the work in which the workman is engaged rather than to the business of the employer by whom he is employed.

(3) This Part of this Act shall apply to workmen employed by or under the Crown to whom this Act would apply if the employer were a private person, except to such of those workmen as are serving in an established capacity in the permanent service of the Crown, subject, however, to such modifications as may be made therein by Order in Council for the purpose of adapting the provisions of this Part of this Act to the case of such workmen.

Amendments made: In Subjection (1), after the word "days" ["not less than two days"], insert the words "during which the workman has not been employed for more than twenty-four hours."

Leave out the words "on his own account," and insert instead thereof the words "in an insured trade, or whilst he is following any other occupation from which he derives any remuneration or profit greater than that which he would derive from the receipt of unemployment benefit under this Part of this Act."

At end of Sub-section (1), add, The expression trade dispute means any dispute between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment, or the terms of employment, or with the conditions of labour, of any persons, whether workmen in the employment of the employer with whom the dispute arises or not.

In Sub-section (2), after the word "trade" ["an insured trade"], insert the words "or not. At end of Clause add, (4) If the Board of Trade are satisfied that any class of workmen are, having regard to their claim to pension are to the other terms of their service, in as permanent a position as that of persons serving in an established capacity in the permanent service of the Crown, the Board of Trade may exempt that class of persons from the provisions of this Part of this Act, and any persons so exempt shall not be deemed to be workmen."—[Mr. Buxton.]

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