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Holidays (Employees) Act, 1939

Public holidays as respects non-domestic workers who are not industrial workers.

8.(1) Subject to the provisions of this section each of the following days shall, in respect of non-domestic workers who are not industrial workers, be for the purposes of this Act, a public holiday, that is to say:—

(a) Christmas Day when it falls on a weekday or, when it falls on a Sunday, the 27th day of December, and

(b) St. Stephen's Day when it falls on a weekday or, when it falls on a Sunday, the next following Monday, and

(c) St. Patrick's Day when it falls on a weekday or, when it falls on a Sunday, the next following Monday, and

(d) Easter Monday, Whit Monday, and the first Monday in August.

(2) Whenever in any year a day is appointed under the Public Holidays Act, 1924 (No. 56 of 1924) to be a bank holiday instead of a day mentioned in the next preceding sub-section of this section, the day so appointed shall in that year be deemed to be substituted throughout the said sub-section for the day so mentioned and the said sub-section shall be construed and have effect accordingly.

(3) The employer of any non-domestic worker, other than an industrial worker, may substitute for any public holiday (other than Christmas Day or St. Patrick's Day) falling in a calendar year either—

(a) the Church holiday falling in that calendar year immediately before such public holiday by giving to such non-domestic worker not less than fourteen days before such Church holiday notice of his intention to effect such substitution, or

(b) the Church holiday falling in that calendar year immediately after such public holiday or, if such public holiday is a day which is a public holiday by virtue of paragraph (b) of sub-section (1) of this section, the 1st day of January next following by giving to such non-domestic worker not less than fourteen days before such public holiday notice of his intention to effect such substitution,

and whenever such notice is given the Church holiday so substituted for a public holiday shall in respect of such non-domestic worker be a public holiday for the purposes of this Act instead of the day for which it is so substituted.

For the purposes of this sub-section each of the following days shall be a Church holiday, that is to say:—

(i) the 1st day of January, except when it falls on a Sunday,

(ii) the 6th day of January, except when it falls on a Sunday,

(iii) Ascension Thursday,

(iv) the Feast of Corpus Christi,

(v) the 29th day of June, except when it falls on a Sunday,

(vi) the 15th day of August, except when it falls on a Sunday,

(vii) the 8th day of December, except when it falls on a Sunday.

(4) A railway company which employs any person who is a non-domestic worker and is not an industrial worker may also substitute for Easter Monday the previous Good Friday by giving to such person not less than fourteen days before such Good Friday notice of its intention to effect such substitution and whenever any such notice is given the Good Friday so substituted shall in respect of such person be a public holiday for the purposes of this Act instead of the Easter Monday for which it is so substituted.

(5) The notice mentioned in sub-section (3) or in sub-section (4) of this section shall be in writing and may be given to any person by handing a copy thereof to him personally or by posting a copy thereof in a conspicuous position in the place where such person is employed.

(6) In this Act the expression “public holiday” when used in relation to a non-domestic worker who is not an industrial worker shall be construed in accordance with the foregoing provisions of this section.