Shops (Conditions of Employment) Act, 1938

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Annual leave of members of staffs of shops.

37.—(1) The proprietor of a shop shall allow to each member of the staff of such shop in every complete employment year of such member during which he has been continuously in the employment of such proprietor and has worked in such employment for not less than eighteen hundred hours—

(a) if such shop is a special-trade shop, fourteen consecutive whole holidays (in this Act referred to as annual leave), or

(b) if such shop is a non-special-trade shop, six consecutive whole holidays (in this Act also referred to as annual leave).

(2) Where the proprietor of both a special-trade shop and a non-special-trade shop, employs any person as a member of the staff of one of such shops during any part of an employment year of such person and as a member of the staff of the other of such shops during any other part of such employment year, such person shall be deemed for the purposes of this section to be a member of the staff of such special-trade shop during such employment year or so much thereof as he may be in the employment of such proprietor.

(3) Where a person employed as a member of the staff of a shop ceases, at any time other than the end of an employment year of such person, to be in the employment of the proprietor of such shop as a member of the staff of such shop and such person has been in the employment of such proprietor during not less than one complete month in such employment year and has worked for not less than one hundred and fifty hours in such month, the following provisions shall have effect, that is to say:—

(a) in case such shop is a special-trade shop and such proprietor has not allowed such person before such cesser fourteen consecutive whole holidays in respect of the portions of such employment year during which he was so employed, such proprietor shall pay such person at such cesser—

(i) two days' pay (calculated at the rate which would be applicable if such day were a day of annual leave allowed immediately before such cesser) in respect of each complete period of two months in the said portion of such employment year during which he has worked not less than three hundred hours, and

(ii) two days' pay (calculated as aforesaid) in respect of the period (if any) in the said portion of such employment year which is less than two months but not less than one month and during which he has worked for not less than one hundred and fifty hours;

(b) in case such shop is a non-special-trade shop and such proprietor has not allowed such person before such cesser six consecutive whole holidays in respect of the portion of such employment year during which he was so employed, such proprietor shall pay to such person at such cesser—

(i) one day's pay (calculated as aforesaid) in respect of every complete period of two months in the said portion of such employment year during which he has worked not less than three hundred hours, and

(ii) one day's pay (calculated as aforesaid) in respect of the period (if any) in the said portion of such employment year which is less than two months but not less than one month and during which he has worked for not less than one hundred and fifty hours.

(4) The Minister may, whenever and so often as he so thinks proper, make regulations varying, in respect of all or any particular class or classes of members of staffs of shops all or any of the periods of eighteen hundred hours, three hundred hours, and one hundred and fifty hours mentioned in sub-sections (1) and (3) of this section by substituting for such periods or period such other periods or period as the Minister shall think proper, and whenever any such regulations are in force the said sub-sections shall have effect, in respect of the members of staffs of, shops or the class or classes of the members of staffs of shops to which such regulations apply, as if the said periods or such of them as are effected by such regulations were varied in the manner stated in such regulations.

(5) In the case of a member of the staff of a special-trade shop, no day on which such member is allowed, in pursuance of any other section contained in this Part of this Act, a whole holiday shall be reckoned as a day of annual leave, but if any such day intervenes between days of annual leave such days shall be deemed to be consecutive notwithstanding such intervention.

(6) In the case of a member of the staff of a non-special-trade shop, no day which is a Sunday or a public holiday or a day on which such member is allowed, in pursuance of any other section contained in this Part of this Act, a whole holiday shall be reckoned as a day of annual leave, but if any such day intervenes between days of annual leave such days shall be deemed to be consecutive notwithstanding such intervention.

(7) Where a member of the staff of any shop who is a member of the Reserve Force of the Defence Forces of Ireland is absent from his employment for the purpose of attending and performing his duty as such member at any initial training, annual training, or test mobilisation, such member shall, for the purpose of reckoning any period of employment or of continuous employment within the meaning of this section, be deemed to have been in his said employment during his said absence, and accordingly the period of his said absence shall for the purposes of this section be reckoned in the said period of employment or continuous employment.

(8) This section shall apply to the employment year current at the commencement of this Part of this Act of every person who is a member of the staff of a shop at such commencement, and this section shall have effect in respect of such employment year and such person as if this section had been in force at the beginning of such employment year, but subject to the modifications, that—

(a) if such employment year expires within one month after the commencement of this Part of this Act, the proprietor of such shop shall be deemed to have complied with this section if he allows to such person not later than three months after the expiration of such employment year, such annual leave as such person may be entitled to under this section in respect of such employment year, and

(b) if such shop is a special-trade shop and such proprietor has, before the commencement of this Part of this Act, allowed to such person in such employment year one or more whole holidays which would be annual leave for the purposes of this section but for the fact that such whole holidays were less than fourteen or were not consecutive or were both less than fourteen and not consecutive, the said whole holidays so allowed shall be deemed to be annual leave for the purposes of this section and such person shall only be entitled in respect of such employment year to such number (if any) of consecutive whole holidays after such commencement as is equal to the number (if any) of days by which the number of whole holidays so allowed is less than fourteen, and

(c) if such shop is a non-special-trade shop and such proprietor has, before the commencement of this Part of this Act, allowed to such person in such employment year one or more whole holidays which would be annual leave for the purposes of this section but for the fact that such whole holidays were less than six or were not consecutive or were both less than six and not consecutive, the said whole holidays so allowed shall be deemed to be annual leave for the purposes of this section and such person shall only be entitled in respect of such employment year to such number (if any) of consecutive whole holidays after such commencement as is equal to the number (if any) of days by which the number of whole holidays so allowed is less than six.

(9) If the proprietor of a shop fails to pay to any member of the staff of such shop any moneys which become payable to such member under this section such member may recover such moneys as a simple contract debt from such proprietor.

(10) If the proprietor of a shop fails to allow annual leave to any member of the staff of such shop in accordance with this section he 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.