47General provisions as to employment

### 47 General provisions as to employment > > (1)  Unless otherwise expressly agreed by the employer and employee, the wages payable in respect of employment to which this Division applies shall be deemed to be due and payable weekly. > > > (1A)  *\[Section 47 Subsection (1A) inserted by No. 113 of 1986, s. 11 \]**\[Section 47 Subsection (1A) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*Where the wages of an employee are, pursuant to [subsection (1)](#GS47@Gs1@EN) , payable weekly or as otherwise expressly agreed by his employer, that employer is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units if he fails to pay to that employee those wages when they become payable. > > > (1B)  *\[Section 47 Subsection (1B) inserted by No. 113 of 1986, s. 11 \]*Where an employer is convicted of an offence under [subsection (1A)](#GS47@Gs1A@EN) , the court by which he is convicted shall, in addition to imposing a penalty for the offence, order the employer to pay to the employee in respect of whom the offence was committed the amount of the wages that the employer has failed to pay to the employee. > > > (2)  *\[Section 47 Subsection (2) amended by No. 113 of 1986, s. 11 \]*Subject to [subsection (3)](#GS47@Gs3@EN) , a term or period of service of employment to which this Division applies that is of indefinite duration is terminable by either party by – > > > > > > (a) a week's notice, if the wages are payable weekly; > > > > > > > (b) a fortnight's notice, if the wages are payable fortnightly; or > > > > > > > (c) a month's notice in any other case. > > > (3)  *\[Section 47 Subsection (3) inserted by No. 113 of 1986, s. 11 \]* [Subsection (2)](#GS47@Gs2@EN) does not apply in relation to the termination of a term or period of service of employment of an employee on account of his serious and wilful misconduct.