Employment and Industrial Relations Act (Cap. 452), article 45

45. (1) Any employer who contravenes or fails to comply with any recognised conditions of employment prescribed by a nationa l standard order or by a sectoral regulation order or collective agreement, or with any provisions of this Act or any regulation s made thereunder shall, unless a different punishment is establi shed for such offence, on conviction be liable to a fine ( multa ) of not less than two thousand euro (€2,000) and not exceeding five thousand euro (€5,000): Provided that if the employer is found guilty for the second time or more thereafter of breac hing any condition and, or prov ision mentioned in sub-article (1), the fine ( multa) shall be of not less than five thousand euro (€5,000) and not exceeding seven thousand eu ro (€7,000). (2) Where any employe r is convicted of - (a) having failed to pay wages at not less than the rate applicable in accordance wi th a recognised condition of employment as defined in Part III of this Act or with a contract of service whichever shall be the higher, or EMPLOYMENT AND INDUSTRIAL RELATIONS [ CAP. 452. 35 (b) having made any illegal deduction or inflicted any fine other than those specifically permitted by article 19, or (c) having failed to make payment of any bonus payable under article 23, or any other payment due by an employer to any employee under this Act or under any order made thereunder, or (d) having withheld any remun eration or any payment in lieu of notice, or (e) having failed to allow paid holidays as provided for or specified in any national standard order, sectoral regulation order or con tract of service, or (f) having failed to effect payment of any moneys due to an employee under this Act or under any national standard order or sectoral regulation order or any other order made under this Act, the court shall, at the request o f the prosecution, besides awa rding the punishment imposed by the preceding sub-articles of this article, order the offender, on proof of the amount, to refund or pay to the employee or employees concerned, or to the apprentice or apprentices concerned, as the case may be, the said amount due by him and, in the case of holidays with pay not allowed, a sum eq ual to the pay thereof, and any such order by the court shall be of the same force and effect and be executable in the same manner as i f it had been given in a civil acti on duly instituted between the employee or employees concerned or the apprentice or apprentice s concerned, as the case ma y be, and the employer: Provided that nothing in this sub-article shall derogate from any right of the employee or appr entice, as the case may be, to recover by any other means any amount due to him. Cap. 9.(3) Article 24 of the Criminal Code shall apply in respect of offences under this Act. Offence by partnership, etc.