§ 33 — Priority of salary to other debts

33.—(1) This section applies —(a)

to workmen who are in receipt of a salary not exceeding $4,500 a month (excluding overtime payments, bonus payments, annual wage supplements, productivity incentive payments and any allowance however described) or such other amount as the Minister may prescribe; and

(b)

to every employee (other than a workman or a person employed in a managerial or an executive position) who receives a salary not exceeding $2,600 a month (excluding any overtime payment, bonus payment, annual wage supplement, productivity incentive payment and any allowance however described) or such other amount as the Minister may prescribe.[26/2013; 55/2018]

(2) When, on the application of a person holding a mortgage, charge or lien or of a person who has obtained a judgment or decree, the property of an employer is sold, or any money due to the employer is garnished, the court ordering the sale or garnishment must not distribute the proceeds of the sale or the money to the person entitled thereto unless the court has ascertained and paid the salary due to all the employees employed by that employer and to all employees engaged by a contractor or subcontractor and working for that employer.

(3) This section applies only —(a)

to property on which those employees were or are working;

(b)

where the property sold was or is the produce of the work of those employees;

(c)

where the property sold is movable property used or being used by those employees in the course of their work; or

(d)

to money due to the employer in respect of work done by those employees.

(4) The amount payable to each such employee under subsection (2) must not exceed 5 months’ salary.

(5) [Deleted by Act 21 of 2016]

(6) [Deleted by Act 21 of 2016]

(7) In this section, “employees” is deemed to include subcontractors for labour and “salary” is deemed to include money due to a subcontractor for labour.

—(1) This section applies —(a)

to workmen who are in receipt of a salary not exceeding $4,500 a month (excluding overtime payments, bonus payments, annual wage supplements, productivity incentive payments and any allowance however described) or such other amount as the Minister may prescribe; and

(b)

to every employee (other than a workman or a person employed in a managerial or an executive position) who receives a salary not exceeding $2,600 a month (excluding any overtime payment, bonus payment, annual wage supplement, productivity incentive payment and any allowance however described) or such other amount as the Minister may prescribe.[26/2013; 55/2018]

(2) When, on the application of a person holding a mortgage, charge or lien or of a person who has obtained a judgment or decree, the property of an employer is sold, or any money due to the employer is garnished, the court ordering the sale or garnishment must not distribute the proceeds of the sale or the money to the person entitled thereto unless the court has ascertained and paid the salary due to all the employees employed by that employer and to all employees engaged by a contractor or subcontractor and working for that employer.

(3) This section applies only —(a)

to property on which those employees were or are working;

(b)

where the property sold was or is the produce of the work of those employees;

(c)

where the property sold is movable property used or being used by those employees in the course of their work; or

(d)

to money due to the employer in respect of work done by those employees.

(4) The amount payable to each such employee under subsection (2) must not exceed 5 months’ salary.

(5) [Deleted by Act 21 of 2016]

(6) [Deleted by Act 21 of 2016]

(7) In this section, “employees” is deemed to include subcontractors for labour and “salary” is deemed to include money due to a subcontractor for labour.