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Prohibition of payment of overtime wages below minimum rates.
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23.—(1) Where any rules regulating the minimum rates of overtime wages made by an apprenticeship committee are for the time being in force, every employer carrying on in the district of such commmittee the designated trade for which such committee is established shall pay to every apprentice employed on overtime by him overtime wages at not less than the rate or rates payable under such rules and for the purpose of civil proceedings by any such apprentice to recover overtime wages there shall be deemed to be a valid and effective contract by such employer to pay to such apprentice whenever such apprentice is employed on overtime overtime wages at a rate or rates not less than the rate or rates payable under such rules.
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(2) If any employer fails to comply with this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and on such conviction the court may order such employer to pay, in addition to such fine, such sum as appears to be due to the person employed on account of overtime wages, the overtime wages being calculated on the basis of the minimum rate or rates payable to such person under the rules regulating the minimum rates of overtime wages applicable to such person, but the power to order payment of overtime wages under this sub-section shall not be in derogation of any right of the person employed to recover such wages by any other proceedings.
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