Section 36Part 5 — GRATUITIES
Application of Part V
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This Part does not apply to a service employer —
who allows service employees to keep gratuities paid to them and does not add to the basic bill of a customer an additional charge as a gratuity to be collected by the employer; and
who has complied with subsection (2) and has been granted an exemption thereunder.
An employer to whom subsection (1) (a) applies shall lodge with the Director a Declaration as to Keeping of Gratuity in Form 4 of the Schedule and the Director shall, if he is satisfied that the declaration is true and correct, issue an exemption in Form 5 of the Schedule exempting that employer from this Part.
Nothing in this Part forbids a service employer to whom this Part applies from entering into an agreement with his service employees actually rendering a service directly to customers to share gratuities with other wage earning employees who do not directly render a service to customers.
Defined Terms
service employerservice employeesgratuities