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The Trade Union and Labour Relations (Northern Ireland) Order 1995

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Application of provisions of Wages Order

62.—(1)  The following provisions apply where a certificate has been given by a worker to his employer for the purposes of Article 60.

(2) Nothing in the worker’s contract, or in any agreement or consent signified by him, shall be taken for the purposes of Article 3 of the Wages Order (general restriction on deductions from wages) as authorising the making of deductions in contravention of the obligation imposed on the employer in consequence of the giving of the certificate.

(3) No complaint under Article 7 of the Wages Order (complaint to industrial tribunal in respect of unauthorised deduction) shall be presented in respect of a deduction made in contravention of the obligation imposed on the employer in consequence of the giving of the certificate unless a declaration has been made under Article 61(2), either before or after the date of payment of the wages from which the deduction was made, that the employer has failed to comply with that obligation.

(4) Article 7(2) of the Wages Order (time limit for presenting complaint) shall be read in relation to a complaint in respect of such a deduction, or of a series of deductions of which such a deduction is the last, as referring, if it is later, to the date of the declaration instead of to the date of payment of the wages from which the deduction was made.

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