Requirement to deal with tips, gratuities and service charges Section 10: General Restrictions on contracting out of this Part
Section 27W provides for restrictions which prevent workers from opting out of their rights under this legislation.
	Subsection (1) provides that any "prohibited reimbursement provision" is void, whether set out in the worker’s employment contract or otherwise. Subsection (2) explains that a "reimbursement provision" is an agreement which requires a worker to make a payment to the employer, or which reduces the wages payable to the worker by the employer.
	Subsections (3) and (4) explain that a reimbursement provision is "prohibited" if there is a relationship between the reimbursement provision and the worker being allocated qualifying tips or the receipt by the worker of worker-received tips. This includes situations where the possibility of a worker receiving an allocation of the qualifying tips or the amount of qualifying tips which a worker is to be allocated is dependent on an agreement to a "reimbursement provision" between the worker and employer.
	Subsection (5) makes clear that nothing in section 27W affects the operation of section 203 of the Employment Rights Act 1996, which provides for more general restrictions on contracting out of rights under that Act, with certain exceptions.