The Wages (Northern Ireland) Order 1988

Interpretation of part III

25.—(1) In this part—

• “employer”, in relation to a worker, means the person by whom the worker is (or, where the employment has ceased, was) employed;

• “employers' association” means any organisation representing employers and any association of such organisations or of employers and such organisations;

• “employment”, in relation to a worker, means employment under his contract and “employed”, in relation to a worker, accordingly means employed under his contract;

• “homeworker” means an individual who—

  (a)

  contracts with a person, for the purposes of that person’s business, for the execution of work to be done in a place not under the control or management of the person with whom he contracts, and

  (b)

  does not normally make use of the services of more than two individuals in the carrying out of contracts for the execution of work in relation to which statutory minimum remuneration is provided by any order under Article 15;

• “organisation”, in relation to workers, means a trade union and, in relation to employers, means an employers' association;

• “piece rate” means a rate where the amount of a worker’s remuneration is to be calculated by reference to the number of items of work executed either by him alone or by a number of workers of whom he is one, and “piece worker” means a worker whose contract provides for the remuneration payable to him in respect of work executed by him to be calculated only by reference to one or more such rates;

• “prescribed” means prescribed by regulations made by the Department;

• “time worker” means a worker other than a piece worker (whether the worker’s remuneration is determined by reference to the actual number of hours worked by him or not);

• “wages council” means such a wages council as is mentioned in Article 13(1)(a);

• “week” means—

  (a)

  in relation to a worker whose remuneration is calculated weekly by a week ending with a day other than Saturday, a week ending with that other day; and

  (b)

  in relation to any other worker, a week ending with Saturday;

• “worker” means (subject to paragraph (2)) an individual who—

  (a)

  has entered into or works under (or, where the employment has ceased, worked under) one of the contracts referred to in Article 10(2), or

  (b)

  whether or not he falls within sub-paragraph (a) is a homeworker, and any reference to a worker’s contract shall be construed as a reference to any such contract as is referred to in sub-paragraph (a) or, in the case of a homeworker, to the contract by virtue of which he is a homeworker.

(2) In this part “worker” does not include an individual who is wholly employed otherwise than for the purposes of the business of the person employing him.

(3) Notwithstanding Article 15(3)—

(a) where a worker is employed partly for the purposes of his employer’s business and partly not, nothing in any order under Article 15 shall apply to the worker in his employment otherwise than for the purposes of that business, and

(b) where a worker is employed for the purposes of his employer’s business both in an employment to which an order under Article 15 applies and in one to which that order does not apply, nothing in that order shall apply to the worker in the second of those employments.

(4) References in this part to the statutory minimum remuneration provided for a worker by an order under Article 15 shall—

(a) in relation to a time worker, be construed in accordance with paragraph (4) of that Article, and

(b) in relation to a piece worker, be construed in accordance with Article 16.