Section 11

In the case of an employee employed on a contract of service and paid according to the number of days’ work performed, an employer shall provide work suitable to the capacity of such worker for not less than five and a half days in every week with the exception of gazetted public holidays and Sundays (or such other rest day as may be substituted for a Sunday by agreement between the employer and the employee, entered into not less than three days before the rest is taken) and if he is unable or fails to provide such work on such number of days whereon the employee presents himself for work and is fit to work the employer shall nevertheless be bound to pay to the employee in respect of each of such days wages, including cost of living allowance, if any, at not less than his ordinary rate of pay, or if the employee is on piece rates at not less than the average of his previous weeks’ earnings or if he has not been working, at the average rate earned during the last full week’s work earned by a similar class of worker engaged on similar work: