Holidays (Employees) Act, 1973
|
Compensation on cesser of employment. |
5.—(1) Where— | |
(a) an employee ceases to be employed, and | ||
(b) annual leave is due to him in respect of the current leave year or, in case the cesser occurs during the first half of that year, in respect of that year, the previous leave year or both, | ||
the employer shall pay compensation to him in respect of the annual leave consisting of one quarter of the normal weekly rate of remuneration for each qualifying month of service. | ||
(2) Where employment on a day to day basis ceases and the employee, annual leave not being due to him, has, during the 30 days ending on the day before cesser of employment, worked for the employer for not less than 120 hours (or 110 hours if under 18 years of age), the employer shall pay compensation to him consisting of an extra day and a quarter's pay. | ||
(3) Where employment ceases during the five weeks ending on the day before a public holiday and the employee has, during the part of that period before the cesser, worked for the employer for at least 120 hours (or 110 hours if under 18 years of age), the employer shall pay compensation to him in respect of the public holiday consisting of an extra day's pay. | ||
(4) Compensation under this section shall, if the cesser is by the employee's death, be paid to his representatives. | ||
(5) Where compensation is payable under subsection (3), the employee shall, for the purposes of the provisions of the Social Welfare Act, 1952 , relating to unemployment benefit, be regarded as not having been, on the public holiday, in the employment of the employer. |