8 Minimum wage exemption permit

(1)

A Labour Inspector may issue a minimum wage exemption permit to a worker if the Inspector is satisfied that—

(a)

the worker is significantly and demonstrably limited by a disability in carrying out the requirements of his or her work; and

(b)

any reasonable accommodations that could have been made to facilitate carrying out the requirements of the work have been considered by the employer and the worker; and

(c)

it is reasonable and appropriate to grant the permit.

(2)

To avoid doubt, nothing in subsection (1)(b) limits or affects any legal obligations that the employer has towards a worker.

(3)

A permit—

(a)

comes into force on the date it is issued or any other date as stated in the permit; and

(b)

remains in force for the period stated in the permit.

(4)

While a permit remains in force, the rate of wages stated in the permit is taken to be the minimum rate of wages prescribed under this Act for the worker.

(5)

A Labour Inspector may revoke a permit at any time if the Inspector considers it is no longer reasonable and appropriate for the permit to remain in force.

(6)

In this section, disability has the same meaning as in section 21(1)(h) of the Human Rights Act 1993.

Section 8: substituted, on 28 March 2007, by section 4 of the Minimum Wage Amendment Act 2007 (2007 No 12).