Shops (Conditions of Employment) Act, 1938

Compensatory holidays to members of staffs of refreshment houses and licensed premises in lieu of weekly half-holidays.

34.—(1) The proprietor of a shop, which is either a refreshment house or licensed premises, shall allow to each member of the staff of that shop such number of whole holidays as will ensure that such member does not receive—

(a) less than two whole holidays on weekdays in each month during which such member has been continuously employed by him, nor

(b) less than twenty-six whole holidays on weekdays in each period of twelve months, commencing on the 1st day of January, during which such member has been continuously employed by him.

(2) For the purposes of sub-section (1) of this section where a member of the staff of a shop is allowed two half-holidays in any month, he shall be deemed to have been allowed one whole holiday in such month.

(3) Where annual leave is allowed to a member of the staff of a shop, which is either a refreshment house or licensed premises, the following provisions shall have effect, that is to say:—

(a) the proprietor of such shop shall be deemed for the purposes of this section, to have allowed such member one whole holiday in the month in which such annual leave commences;

(b) no part of a day falling within such annual leave shall be deemed to be a half-holiday for the purposes of sub-section (2) of this section.

(4) If the proprietor of a shop, which is either a refreshment house or licensed premises, fails, neglects or refuses to comply with the provisions of sub-section (1) of this section, such proprietor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Third Schedule to this Act.

Compensatory holidays to members of staffs of shops working on Sundays and to members of staffs of non-special-trade shops working on public holidays.