Shops (Conditions of Employment) (Amendment) Act, 1942

Compensatory holidays to members of staffs of refreshment houses engaged in work on Sunday.

8.—(1) Where the proprietor of a shop which is a refreshment house does not allow a member of the staff of that shop a whole holiday on a Sunday in any week, such proprietor shall allow to him on some day (not being a day on which such proprietor allows him, in pursuance of Part IV of the Principal Act, a whole holiday or a half-holiday) within that week—

(a) in case such member does on that Sunday shop work for more than five hours, a whole holiday, or

(b) in case such member does on that Sunday shop work either (i) for a period of not more than three hours ending after the hour of 12 noon, or (ii) for a period of more than three hours but not more than five hours, a half holiday.

(2) Where—

(a) a member of the staff of a shop which is a refreshment house is entitled in any week to a half-holiday under sub-section (1) of this section, and

(b) the proprietor of such shop allows such member a whole holiday on the day in such week which is in respect of such member a statutory half-holiday,

such proprietor shall be deemed to have allowed such member a half-holiday under this section on that day.

(3) Where—

(a) a member of the staff of a shop which is a refreshment house does shop work on alternate Sundays, and

(b) the proprietor of such shop is, in pursuance of sub-section (1) of this section, required, in respect of shop work done by such member on a Sunday in any week, to allow such member a whole holiday, such proprietor shall be deemed to have complied with such requirement if he allows such member—

(i) a half-holiday on some week day (not being a day which is in respect of such member a statutory half-holiday) within such week, and a half-holiday on some week day (not being a day which is in respect of such member a statutory half-holiday) within the next following week, or

(ii) a whole holiday on the day in such week which is in respect of such member a statutory half-holiday, and a whole holiday on the day in the next following week which is in respect of such member a statutory half-holiday.

(4) If the proprietor of a shop 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 the Principal Act.

(5) Section 35 of the Principal Act shall not apply in respect of any shop which is a refreshment house.

(6) In this section the expression “statutory half-holiday”, when used in relation to a member of the staff of a shop which is a refreshment house, means a day on which such member is allowed a half-holiday under section 34 of the Principal Act.