Shops (Conditions of Employment) Act, 1938

Weekly half-holidays of members of staffs of shops (other than refreshment houses, and licensed premises).

33.—(1) The proprietor of a shop, which is either a non-special-trade shop or a Sunday-trading shop, shall allow to each member of the staff of that shop a half-holiday on one weekday (which shall not if such shop is a non-special-trade shop be a day which is a public holiday) in each week (other than a week included in a public-holiday fortnight) and in each public holiday fortnight.

(2) The proprietor of a shop, which is either a non-special-trade shop or a Sunday-trading shop, shall, in respect of each week (other than a week included in a public-holiday fortnight) and of each public-holiday fortnight, give not later than the Saturday preceding that week or that public-holiday fortnight (as the case may be) to each member of the staff of such shop who is in his employment on that Saturday, notice in the prescribed form and manner specifying the weekday in that week or in that public-holiday fortnight (as the case may be) on which he proposes to allow such member a half-holiday in pursuance of sub-section (1) of this section, and if default is made in compliance with this sub-section or if a half-holiday is allowed in that week or in that public-holiday fortnight on any weekday other than the weekday specified in such notice, any half-holiday allowed to such member in that week or in that public-holiday fortnight shall be deemed, for the purposes of the said sub-section (1), not to have been allowed under the said sub-section (1).

(3) Where the period of annual leave allowed to a member of the staff of a non-special-trade shop falls wholly within one week neither sub-section (1) nor sub-section (2) of this section shall apply in respect of that week.

(4) Where the period of annual leave allowed to a member of the staff of a Sunday-trading shop falls wholly within two weeks, neither sub-section (1) nor sub-section (2) of this section shall apply in respect of those weeks.

(5) Where the period of annual leave allowed to a member of the staff of a non-special-trade shop falls within two weeks, sub-sections (1) and (2) of this section shall apply only in respect of such one of those weeks as the proprietor of such shop may select, and the day specified in a notice under the said sub-section (2) in the week so selected shall not be a day which falls within such period of annual leave.

(6) Where the period of annual leave allowed to a member of the staff of a Sunday-trading shop falls within three weeks, the following provisions shall have effect, that is to say:—

(a) neither sub-section (1) nor sub-section (2) of this section shall apply in respect of the second of those weeks,

(b) sub-sections (1) and (2) of this section shall apply only in respect of such one of the first or third of those weeks as the proprietor of such shop may select and the day specified in a notice under the said sub-section (2) in the week so selected shall not be a day falling within such period of annual leave.

(7) If the proprietor of any shop, which is a non-special-trade shop or a Sunday-trading shop, fails, refuses or neglects 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.

(8) In this section the expression “public-holiday fortnight” means in relation to any shop the week in which a day which is for that shop a public holiday falls, and the immediately preceding week.

(9) In this Part of this Act the expression “statutory half-holiday” means a day on which a half-holiday is allowed in pursuance of this section.