Shops (Conditions of Employment) Act, 1938

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

35.—(1) Where the proprietor of a shop 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 any other provision of this Part of this Act, a whole holiday or a half-holiday) within that week—

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

(b) in case such member does shop work for more than two hours but not more than four hours, a half-holiday.

(2) Where—

(a) a member of the staff of a shop is entitled in any week to a half-holiday under 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) 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 this Act.