s 90 Offence
90.—(1) Any employer who employs any person as an employee contrary to the provisions of this Part or fails to pay any salary in accordance with the provisions of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and for a second or subsequent offence to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.[4/2010] (2) Despite subsection (1) —(a) an employer and the employer’s employees or a trade union representing the employer’s employees may negotiate for and agree to terms of service more favourable than those contained in sections 88A and 89; and (b) it is not an offence for an employer to grant to the employer’s employees terms of service more favourable than those contained in sections 88A and 89.[4/2010; 55/2018] —(1) Any employer who employs any person as an employee contrary to the provisions of this Part or fails to pay any salary in accordance with the provisions of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and for a second or subsequent offence to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.[4/2010] (2) Despite subsection (1) —(a) an employer and the employer’s employees or a trade union representing the employer’s employees may negotiate for and agree to terms of service more favourable than those contained in sections 88A and 89; and (b) it is not an offence for an employer to grant to the employer’s employees terms of service more favourable than those contained in sections 88A and 89.[4/2010; 55/2018]