§ 12.38 p.m.
Colonel Sandeman AllenI beg to move, in page 12, line 3, to leave out Sub-section (1), and to insert:
(1) It shall be the duty of every employer to keep such records as are necessary to show the wages paid as respects all workers engaged on road haulage work.The object of the Amendment is to make it compulsory on every employer, whether he is the holder of an A, B or C licence, to keep records showing the wages paid to his road haulage workers. The Bill only makes this necessary in respect of A and B licence holders and certain C licence holders, namely, those whose road haulage workers' wages are fixed by the Industrial Court. My object is to bring all C licence holders within the ambit of the Bill, and I gather that the ancillary users are, on the whole, agreeable to that proposal.
§ 12.39 p.m.
§ Mr. H. G. WilliamsWe come back here to a matter which has already been discussed on Clause 3. A record of wages must in the case of "split" work involve a record of times and the record of times is to he made not by the employer but by the employé. If this Amendment or the later Amendment in the name of the 1600 Minister should be carried, what will be the obligation on a shopkeeper in respect of an employé who spends part of the morning in weighing out sugar, and the rest of the morning in delivering the sugar?
§ 12.40 p.m.
§ Mr. Lennox-BoydI am afraid I cannot satisfy my hon. and gallant Friend by accepting his Amendment. Later on I shall be able to deal with other points on the subject of keeping records, but my right hon. Friend has made every endeavour to see that justice is done without imposing on really good employers useless obligations. If Clause 10 stands there is no obligation on any employer unless and until statutory remuneration is in force in respect of his road haulage workers, or the Industrial Court has given a decision in respect of employers under Part II. The Amendment would put a further obligation on employers to keep records, whether the statutory remuneration has been fixed or not, and my right hon. Friend feels that that would be needless.
§ Amendment, by leave, withdrawn.
§ 12.42 p.m.
§ Mr. Lennox-BoydI beg to move, in page 12, line 11 after "employer," to insert:
and the period for which they are to be retained by him.The Bill includes no reference to the period for which records of wages are to be preserved. It seems to my right hon. Friend desirable that some reference to the period should be made. Indeed, employers generally are anxious to know their exact liability and the length of time for which they must preserve records of wages and hours. It is not possible to specify a definite period because of one or two practical considerations. For example, until the Central Board has reached a decision on the question of holiday remuneration it would not be possible to do so. Within those limits, however, we propose to make this reference to the period, which I hope the Committee will accept.
§ Mr. Benjamin SmithIn the trade board legislation the period for which a person can be sued for back wages is stated. It will be obvious to the Minister that any period fixed for the maintenance of 1601 records should be equal to or in excess of that period, otherwise evidence which is required may not be available.
§ Amendment agreed to.
§ Mr. Lennox-BoydI beg to move, in page 12, line 21, to leave out from "section," to the end of line 23, and to add:
or the periods for which such records are to be retained, the Minister shall consult, in the case of regulations as to records of work to which Part I of this Act applies, the Central Board, and in the case of regulations as to records of work to which Part II of this Act applies, such organisations of employers and workers as he thinks proper.The first part of this Amendment is consequential upon the Amendment just carried. This Amendment also provides machinery for dealing with those who come under Part II of the Bill, so that the Minister can consult such organisations of employers and workers as he thinks proper.
§ 12.45 p.m.
§ Mr. H. G. WilliamsIt might be convenient on this Amendment to raise a small point contained in the next Amendment on the Paper standing in my name, to add the words:
and such representative organisations of employers as shall from time to time notify the Minister that their members will be affected by such regulations.As this Amendment stands, the discretion as to who is to be consulted is left with the Minister. My Amendment suggests that organisations should have the right to notify the Minister, and then automatically, subject to fulfilling the conditions, they would be put on the list for consultation. It is only a small matter, but I think that administratively it might be a convenience.
§ Mr. E. BrownI can assure my hon. Friend that the point is really met by the Amendment which we have just passed.
§ Mr. WilliamsThen I will not move my Amendment.
§ Amendment agreed to.
§ Clause, as amended, ordered to stand part of the Bill.