Shops (Conditions of Employment) Act, 1938

Compensatory holidays to members of staffs of non-special-trade shops engaged in work on public holidays.

36.—(1) Where the proprietor of a non-special-trade shop does not allow to a member of the staff of that shop a whole holiday on a public holiday, or allows such member a whole holiday on a public holiday but does so in pursuance of the immediately preceding section, the following provisions shall have effect, that is to say:—

(a) such proprietor shall allow to such member a whole holiday on some weekday (not being another public holiday nor 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 fourteen days after such public holiday;

(b) if such member ceases before the expiration of such fourteen days to be in the employment of such proprietor and such member has not been then allowed such whole holiday, such proprietor shall pay to him one day's pay calculated at the rate which would be applicable if such public holiday were a day of annual leave.

(2) If the proprietor of a non-special-trade 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.

Annual Leave of Members of Staffs of Shops.