Agricultural Workers (Holidays and Wages) Act, 1969

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Rights of agricultural workers in respect of public holidays.

5.—(1) Where—

(a) an agricultural worker is in the employment of an agricultural employer on a public holiday,

(b) the worker has worked for the employer for the qualifying period of work defined in subsection (8) of this section at any time during the period of five weeks immediately preceding the public holiday, and

(c) either—

(i) the worker has been allowed by the employer a whole holiday on the public holiday, or

(ii) the public holiday occurs on a non-working day or on a short day and the worker does not work for the employer on the public holiday,

the employer shall pay to the worker in respect of the public holiday a sum equivalent to a full day's pay.

(2) Where—

(a) an agricultural worker is in the employment of an agricultural employer on a public holiday,

(b) the worker has worked for the employer for the qualifying period of work defined in subsection (8) of this section at any time during the period of five weeks immediately preceding the public holiday, and

(c) the worker has worked on the public holiday for the employer,

the employer shall—

(i) allow to the worker a compensatory holiday in lieu of the public holiday, or

(ii) pay to the worker in respect of the public holiday a sum equivalent to twice the amount of a full day's pay.

(3) For the purposes of subsection (2) of this section the employer shall be deemed to have allowed the worker a compensatory holiday in lieu of a public holiday if, but only if, he allows the worker a whole holiday in lieu of a public holiday on a working day before either the expiration of one month after the public holiday or the expiration of the year in which the public holiday occurs (whichever last occurs) and pays to the worker in respect thereof a sum equivalent to the amount of a full day's pay.

(4) Where—

(a) an agricultural worker is in the employment of an agricultural employer on a public holiday,

(b) the worker has worked for the employer for the qualifying period of work defined in subsection (8) of this section at any time during the period of five weeks immediately preceding the public holiday,

(c) the worker has worked on the public holiday for the employer,

(d) the worker has not received in respect of the holiday a sum equivalent to twice the amount of a full day's pay, and

(e) the employment of the worker is terminated before he has been allowed a compensatory holiday in lieu of the public holiday,

the employer shall pay to the worker on such termination in addition to any wages then due to him a sum equivalent to a full day's pay.

(5) Where—

(a) an agricultural worker in the employment of an agricultural employer is allowed by the employer a compensatory holiday in lieu of a public holiday, and

(b) the worker ceases to be in the employment of the employer before the public holiday occurs,

the employer may not deduct from the wages due to the worker any sum in respect of the compensatory holiday.

(6) Where—

(a) an agricultural worker in the employment of an agricultural employer has worked for the employer for the qualifying period of work defined in subsection (8) of this section at any time during the period of five weeks immediately preceding a public holiday, and

(b) the services of the worker with the employer are terminated by the employer before the public holiday,

the employer shall, upon such termination, pay to the worker, in addition to any wages then due to him,—

(i) a sum equivalent to a full day's pay, or

(ii) if the holiday was Christmas Day, a sum equivalent to a full day's pay in respect of that day, and an additional such sum in respect of St. Stephen's Day.

(7) Where—

(a) an agricultural worker in the employment of an agricultural employer has worked for the employer for the qualifying period of work defined in subsection (8) of this section at any time during the period of five weeks immediately preceding an appointed holiday,

(b) a day (in this subsection referred to as the substituted day) is substituted under section 4 of this Act for the appointed holiday,

(c) the substituted day occurs after the appointed holiday, and

(d) the services of the worker with the employer are terminated by the employer before the substituted day,

the employer shall, upon such termination, pay to the worker, in addition to any wages then due to him, a sum equivalent to a full day's pay.

In this subsection “appointed holiday” means a day which is a public holiday by virtue of subsection (1) or subsection (2) of section 4 of this Act.

(8) The qualifying period of work for the purposes of subsections (1), (2), (4), (6) and (7) of this section shall be one hundred and twenty-five hours.

In the calculation of the qualifying period of work defined in this subsection holidays allowed under the Act of 1950 shall be included and an agricultural worker shall be deemed to have worked on each such day allowed to him the normal number of hours which he would have worked on that day under his contract of service.

(9) The Minister for Agriculture and Fisheries may, by regulations vary the qualifying period of work defined in subsection (8) of this section by substituting therefor such other number of hours as he thinks proper, and whenever any such regulations are in force, the provisions of subsection (8) of this section shall have effect as if the qualifying period defined in that subsection was varied in the manner stated in the regulations.

(10) Where—

(a) a payment is made to an agricultural worker under this section by an agricultural employer in respect of a public holiday, and

(b) the services of the worker are terminated before the public holiday,

the worker shall not, for the purposes of the provisions of the Social Welfare Act, 1952 , which relate to unemployment benefit, be deemed to have been in the employment of the employer on the public holiday.

(11) In this section “a full day's pay” means a sum equivalent to one-sixth of the worker's normal weekly wages.