Illegal contracts. and payments..—A contract for the hire of a workman is illegal and void if any part of his wages is payable otherwise than in the current coin of the realm, or if the contract contains any stipulations con cerning the expenditure of the wages. Wages must be paid to the workman in current coin only, for payment in goods is expressly made illegal and void ; a workman can recover his wages if not so paid in current coin. In any action brought for wages, no set-off can be allowed for goods supplied by the employer, or by any shop in which he is interested. And an em ployer cannot sue his workman for goods supplied to him on account of wages, or supplied by any shop in which he has an interest. If the work man, or his wife or children, become ,chargeable to the parish, the overseers may recover any wages earned within the three preceding months, and not paid in cash. Other contracts and payments may be illegal under the HOSIERY MANUFACTURERS (q.v.) Act, 1874; and also under the Acts relating to coal mines [see MINES, vol. iv. pp. 170-173] with ,respect to persons employed in mines and paid according to weight. Penalties.— An employer who by himself, or by the agency of any other person or persons, directly or indirectly enters into any contract, or makes any pay ment, described above as illegal, incurs for a first offence a fine of 1410, for a second offence a fine of P20, and for a third offence a fine of .V100. But no partner is liable in person for the offence of his co-partner committed without his knowledge or consent. A magistrate cannot act in a case if he is engaged in the same trade or occupation as the person.charged.
Kreeptions.—A contract with a servant in husbandry is not illegal within the meaning of the Truck Acts because it gives him food, un intoxicating drink, a cottage or other allowances or privileges in addition to money wages as a remuneration for his services. If a farmer wishes to allow beer and cider to his labourers he must be careful that the allowance is a purely gratuitous one and is not a part of their remuneration. Section 23 of the Act of 1831 is very important. It declares that the Act is not to prevent any employer from supplying or contracting to supply to any artificer any medicine or medical attendance, or any fuel or any materials, tools, or implements to be by such artificer employed in his trade or occupation, if such artificers be employed in mining, or any hay, corn, or other provender to be consumed by any horse or other beast of burden employed by any such artificer in his trade and occupation ; nor from demising to any artificer employed in any of the trades or occupations enumerated the whole or any part of any tenement at any rent ; nor from supplying or contracting to supply to any such artificer any victuals dressed or prepared under the roof of any such employer, and there consumed by such artificer ; nor from making or contracting to make any deduction from the wages of any artificer for any such rent, or medicine or medical attend ance, or fuel, materials, tools, implements, hay, corn, or provender, or such victuals, or for any money advanced to each artificer for any such purpose ; but such deduction shall not exceed the true value of such fuel, materials, tools, implements, hay, corn, and provender, and shall not be in any case made from the wages of such artificer unless the agreement for such deduc tion shall be in writing and signed by such artificer.
Goods made at workman's home.—Section 10 of the Act of 1887 pro vides that the workman shall be paid for sueh goods in cash mud not by way of barter. In the words of the section—" where articles are made by a person at his own home, or otherwise, without the employment of any person under him except a member of his own family, the principal Act [that of 1831] and this Act shall apply as if he were a workman, and the shopkeeper, dealer, trader, or other person buying the articles in the way of trade.were his employer, and the provisions of this Act with respect to
the payment of wages shall apply as if the price of an article were wages earned during the seven days next preceding the date at which any article is received from the workman by the employer." But this section only applies to articles under the value of 1'5 knitted or otherwise manufactured of woo!, worsted, yarn, stuff, jersey, linen, fustian, cloth, serge, cotton, leather, fur, hemp, flax, mohair, or silk, or of any combination thereof, or made or prepared of bone, thread, silk, or cotton lace, or of lace made of any mixed materials. And even that application may, in the interests of the persons making the articles just enumerated, be suspended by Order in. Council, either wholly or in part, and in some particular locality only.
Advance of wages.—Whenever by agreement, custom, or otherwise a workman is entitled to receive in anticipation of the regular period of the payment of his wages an advance as part or on account thereof, it is not lawful for the employer to withhold such advance or make any deduction in respect thereof on account of poundage, discount, or interest, or any similar charge.
Fines.—Shop assistants, as well as workmen, are entitled to the pro tection of the Truck Acts so far as they are concerned with deductions or payments in respect of fines. The word " workman" will therefore include, in this connection, a shop assistant. Section 1 of the Act of 1896 makes it absolutely illegal for an employer to make a contract with a workman for any deduction from the sum contracted to be paid by the employer to the workman, or for any payment to the employer by the workman, for or in respect of any line unless certain conditions specified by statute are strictly complied with. These conditions are :—(1) The terms of the contract must be contained in a notice kept constantly affixed at such place or places open to the workmen, and in such a position that it may be easily seen, read, and copied by any person whom it affects ; or else the contract must be in writing, signed by the workman. (2) The contract must specify acts or omissions in respect of which the fine may be imposed, and the amount of the fine or the particulars from which that amount may be ascertained. It has been decided, in Squire v. Bayer, that where one of the rules of a factory provided that "all workers shall observe good order and decorum while in the factory," and imposed a fine of sixpence or less upon any worker guilty of an infringement of the rule, there was a sufficient compliance by the employer with the requirements of the law, although the rule did not specify theparticular acts or omissions which would amount to such a breach of good order or decorum as to justify the infliction of a fine. The Court was of opinion that such an expression as "good order and decorum " should be interpreted with reference to the requirements of the particular business. (3) The fine imposed under the contract must be in respect of some act or omission which causes or is likely to cause damage or loss to the employer, or interruptiorr or hindrance to his business. (4) The amount of the fine is to be fair and reasonable, having regard to all the circumstances of the case. And, moreover, the employer cannot make any such deduction or receive any such payment unless (5) the deduction or payment is made in pursuance of, or in accordance with such contract as aforesaid ; and (6) particulars in writing showing the acts or omissions in respect of which the fine is imposed and the amount thereof are supplied to the workmen on each occasion when a deduction or payment is made.