Where an employer is charged with an offence under this Code, he shall be entitled upon complaint duly made by him and on giving not less than three days' notice in writing to the prosecution, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge;
and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court:
(a) that he has used due diligence to enforce the execution of this Code; and
(b) that the said other person committed the offence without his knowledge, consent or connivance, that other person shall be convicted of the offence and the employer shall be discharged.
Legal Commentary & Landmark Judgments: Section 61
Section 61 of the Code on Wages, 2019 embodies a classic non-obstante clause that establishes the supremacy of the Code over all inconsistent enactments, awards, agreements, and contracts of service, while preserving and safeguarding through its protective proviso any rights or benefits enjoyed by employees that are more favorable than those provided under the Code.
Employers undergoing post-merger integration or restructuring contracts to align with the new Labor Codes cannot use Section 61 as a justification to reduce higher existing wages, higher bonus percentages, or superior overtime rates. Any downward revision of more favorable contractual benefits violates the proviso to Section 61 and constitutes an illegal change in conditions of service.