Common use of Differential rates Clause in Contracts

Differential rates. An employer who requires or permits a member of one class of his employees to perform for longer than one hour in the aggregate on any day, either in addition to his own work or in substitution therefore, work of another class for which either- (a) a wage higher than that of his own class; or (b) a rising scale of wages terminating in a wage higher than that of his own class: is prescribed in subclause (1), shall pay such employee in respect of that day- (i) in the case referred to in paragraph (a), not less than the daily wage calculated on the higher weekly rate: and (ii) in the case referred to in paragraph (b), not less than the daily wage calculated on the basis of the highest weekly wage prescribed in subclause (1) for the higher class: Provided that where the difference between classes is, in terms of subclause (1), based on experience, the provisions of this subclause shall not apply.