12A No premium to be charged for employment

(1)

No employer or person engaged on behalf of the employer shall seek or receive any premium in respect of the employment of any person, whether the premium is sought or received from the person employed or proposed to be employed or from any other person.

(2)

Where an employer receives any amount of money in contravention of subsection (1), whether by way of deduction from wages or otherwise, then, irrespective of any penalty to which the employer thereby becomes liable, the person by whom the money was paid or, as the case may be, from whose wages it was deducted, may recover that amount from the employer as a debt due to the person; and civil proceedings for the recovery of the amount may be instituted in the Employment Relations Authority by the person or, notwithstanding any disability to which the person is subject, by a Labour Inspector designated under section 223 of the Employment Relations Act 2000 on behalf of the person.

(3)

Any such proceedings instituted by any Labour Inspector may be continued or conducted by the same or any other Labour Inspector.

Section 12A: inserted, on 1 April 1993, by section 62(2) of the Health and Safety in Employment Act 1992 (1992 No 96).

Section 12A(1): amended, on 1 April 2016, by section 10 of the Wages Protection Amendment Act 2016 (2016 No 12).

Section 12A(2): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).