LABOUR ACT [Chapter 28:01] (as amended) such leave, and her period of service shall not be considered as having been interrupted, reduced or broken by the exercise of her right to maternity leave in terms of this section. (8) A female employee who is the mother of a suckling child shall, during each working day, be granted at her request at least one hour or two half-hour periods, as she may choose during normal working hours, for the purpose of nursing her child, and such employee may combine the portion or portions of time to which she is so entitled with any other normal breaks so as to constitute longer periods that she may find necessary or convenient for the purpose of nursing her child. (9) Any person who contravenes this section shall be guilty of an unfair labour practice. (10) Notwithstanding subsections (8) and (9), the grant of breaks during normal working time to a female employee for the purpose of nursing her child shall be made in accordance with all the exigencies of her employment and nothing done to prevent any disruption of normal production processes or any interference with the efficient running of an undertaking or industry shall be held to be in contravention of subsection (8). (11) A female employee shall be entitled to the benefits under subsection (8) for the period during which she actually nurses her child or six months, whichever is the lesser. PART V WAGE AND SALARY CONTROL 19 Advisory boards The Minister may, either on his own initiative or on the recommendation of any employer or employee, or of any association representing employers or employees, appoint advisory boards consisting of such persons as he may deem fit, or request an employment board or employment council, to investigate and make recommendations to him as to— (a) the fixing of minimum wages and benefits for employees; or (b) the fixing of ceilings on wages or salaries or benefits; or (c) any other matters to which minimum wage notices or maximum wage notices may relate. 20 Minimum wage notices (1) The Minister may, by statutory instrument— (a) in respect of any class of employees in any undertaking or industry— (i) specify the minimum wage and benefits in respect of such class of employees; (ii) require employers to grant or negotiate increments on annual income of such minimum amount or percentage as he may specify; and prohibit the payment of less than such specified minimum wage, benefits or increments to such class of employees; (b) regulate or prohibit the making of deductions from the wages and benefits of an employee to whom such notice relates; Re-issue (c) regulate or prohibit the withdrawal, reduction or alteration of any benefits to which an employee to whom such notice relates was entitled in respect of his employment immediately before the date of commencement of such notice; (d) give such other direction or make such other provision as he may deem necessary or desirable to ensure the payment of a minimum or other specified wage or benefits to any class of employees; (e) provide for exemptions from paragraphs (a), (b), (c) and (d). (2) Where the Minister has issued a minimum wage notice in terms of subsection (1)— (a) every contract, agreement, determination or regulation made in terms of any enactment which related to the employment of an employee to whom such minimum wage notice relates and which provides for wages, benefits or deductions from wages which are less favourable to the employee than those specified in the notice, shall be construed with such modifications, qualifications, adaptations and exceptions as may be necessary to bring it into conformity with such notice; (b) every agreement or arrangement of any kind whatsoever, express or implied, whether made before or after the date of commencement of such minimum wage notice by an employer or employee to whom such notice relates, which conflicts with such notice shall, to the extent of such conflict, be construed with such modifications, qualifications, adaptations and exceptions as may be necessary to bring it into conformity with such notice. (3) Any person who contravenes a notice issued in terms of subsection (1) shall— (a) commit an unfair labour practice for which redress may be sought in terms of Part XII; and (b) be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (4) The court convicting an employer of an offence in terms of paragraph (b) of subsection (3) may order him to pay— (a) to the employee concerned; or (b) to any person specified by it for the benefit of the employee concerned; in addition to any other penalty which it may impose, an amount which, in its opinion, will adequately compensate the employee concerned for any prejudice or loss he has suffered as a result of the contravention concerned, within such period and in such instalments as may be fixed by such court. (5) Sections 348 and 349 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to the amount specified in an order made in terms of subsection (4) as if such amount were a fine referred to in those sections. - 19 - 1st May 2003-