Meaning of "wages."

The Truck Act 1896.

At the time of the passing of the act of 1887 it seems to have been

generally believed that the obligation under the principal act to pay

the "entire amount of wages earned" in coin rendered illegal any

deductions from wages in respect of fines. Important decisions in 1888

and 1889 showed this belief to have been ill-founded. The essential

point lies in the definition of the word "wages" as the "recompense,

reward or remuneration of labour," which implies not necessarily any

gross sum in question between employer and workmen where there is a

contract to perform a certain piece of work, but that part of it, the

real _net_ wage, which the workman was to get as his _recompense_ for

the labour performed. As soon as it became clear that excessive

deductions from wages as well as payments by workers for materials

used in the work were not illegal, and that deductions or payments by

way of compensation to employers or by way of discipline might legally

(with the single exception of fines for lateness for women and

children, regulated by the Employers and Workmen Act 1875) even exceed

the degree of loss, hindrance or damage to the employer, it also came

clearly into view that further legislation was desirable to extend the

principles at the root of the Truck Acts. It was desirable, that is to

say, to hinder more fully the unfair dealing that may be encouraged by

half-defined customs in workplaces, on the part of the employer in

making a contract, while at the same time leaving the principle of

freedom of contract as far as possible untouched. The Truck Act of

1896 regulates the conditions under which deductions can be made by or

payments made to the employer, out of the "sum contracted to be paid

to the worker," i.e. out of any gross sum whatever agreed upon between

employer and workman. It makes such deductions or payments illegal

unless they are in pursuance of a contract; and it provides that

deductions (or payments) for (a) fines, (b) bad work and damaged

goods, (c) materials, machines, and any other thing provided by the

employer in relation to the work shall be reasonable, and that

particulars of the same in writing shall be given to the workman. In

none of the cases mentioned is the employer to make any profit;

neither by fines, for they may only be imposed in respect of acts or

omissions which cause, or are likely to cause, loss or damage; nor by

sale of materials, for the price may not exceed the cost to the

employer; nor by deductions or payments for damage, for these may not

exceed the actual or estimated loss to the employer. Fines and charges

for damage must be "fair and reasonable having regard to all the

circumstances of the case," and no contract could make legal a fine

which a court held to be unfair to the workman in the sense of the

act. The contract between the employer and workman must either be in

writing signed by the workman, or its terms must be clearly stated in

a notice constantly affixed in a place easily accessible to the

workman to whom, if a party to the contract, a copy shall be given at

the time of making the contract, and who shall be entitled, on

request, to obtain from the employer a copy of the notice free of

charge. On each occasion when a deduction or payment is made, full

particulars in writing must be supplied to the workman. The employer

is bound to keep a register of deductions or payments, and to enter

therein particulars of any fine made under the contract, specifying

the amount and nature of the act or omission in respect of which the

fine was imposed. This register must be at all times open to

inspectors of mines or factories, who are entitled to make a copy of

the contract or any part of it. This act as a whole applies to all

workmen included under the earlier Truck Acts; the sections relating

to fines apply also to shop assistants. The latter, however,

apparently are left to enforce the provisions of the law themselves,

as no inspectorate is empowered to intervene on their behalf. In these

and other cases a prosecution under the Truck Acts may be instituted

by any person. Any workman or shop assistant may recover any sum

deducted by or paid to his employer contrary to the act of 1896,

provided that proceedings are commenced within six months, and that

where he has acquiesced in the deduction or payment he shall only

recover the excess over the amount which the court may find to have

been fair and reasonable in all the circumstances of the case. It is

expressly declared in the act that nothing in it shall affect the

provisions of the Coal Mines Acts with reference to payment by

weight, or legalize any deductions, from payments made, in pursuance

of those provisions. The powers and duties of inspectors are extended

to cover the case of a laundry, and of any place where work is given

out by the occupier of a factory or workshop or by a contractor or

sub-contractor. Power is reserved for the secretary of state to exempt

by order specified trades or branches of them in specified areas from

the provisions of the act of 1896, if he is satisfied that they are

unnecessary for the protection of the workmen. This power has been

exercised only in respect of one highly organized industry, the

Lancashire cotton industry. The effect of the exemption is not to

prevent fines and deductions from being made, but the desire for it

demonstrated that there are cases where leaders among workers have

felt competent to make their own terms on their own lines without the

specific conditions laid down in this act. The reports of the

inspectors of factories have demonstrated that in other industries

much work has had to be done under this act, and knowledge of a highly

technical character to be gradually acquired, before opinions could be

formed as to the reasonableness and fairness, or the contrary, of many

forms of deduction. Owing partly to difficulties of legal

interpretation involving the necessity of taking test cases into

court, partly to the margin for differences of opinion as to what

constitutes "reasonableness" in a deduction, the average number of

convictions obtained on prosecutions is not so high as under the

Factory Acts, though the average penalty imposed is higher. In 1904,

61 cases were taken into court resulting in 34 convictions with an

average penalty of £1, 10s. In 1905, 38 cases resulting in 34

convictions were taken with an average penalty of £1, 3s. In 1906, 37

cases resulting in 25 convictions were taken with an average penalty

of £1, 10s.

Reference should here be made to the Shop Clubs Act of 1902 as closely

allied with some of the provisions of the Truck Acts by its provision

that employers shall not make it a condition of employment that any

workman shall become a member of a shop club unless it is registered

under the Friendly Societies Act of 1896. As in the case of payment of

wages in Public Houses Act, no special inspectorate has the duty of

enforcing this act.

Encyclopaedia Britannica, 11th Edition, "L" to "Lamellibranchia" Volume 16, Slice 1 · 第 23 / 71 题