Holidays (Employees) Act, 1939
Rights of non-domestic workers in respect of public holidays. |
9.—(1) Where— | |
(a) a non-domestic worker is in the employment of a person on a public holiday, and | ||
(b) such worker has worked for such person for not less than one hundred and fifty hours at any time during the period of five weeks immediately preceding such public holiday, and | ||
(c) either— | ||
(i) such worker has been allowed (whether in compliance with sub-section (1) of section 49 of the Act of 1936 or otherwise) by such person a whole holiday on such public holiday, or | ||
(ii) such public holiday falls on a non-working day and such worker does not work for such person on such public holiday, | ||
such person shall, subject however to the provisions of sub-section (7) of this section, pay to such worker in respect of such public holiday a sum equivalent to a full day's pay. | ||
(2) Where— | ||
(a) a non-domestic worker is in the employment of a person on a public holiday, and | ||
(b) such worker has worked for such person for not less than one hundred and fifty hours at any time during the period of five weeks immediately preceding such public holiday, and | ||
(c) such worker has worked on such public holiday for such person, and | ||
(d) such worker has not received in respect of such public holiday a full day's pay increased by twenty-five per cent., | ||
the following provisions shall, subject however to the provisions of sub-section (7) of this section, have effect, that is to say:— | ||
(e) if such worker does not cease to be in the employment of such person before the expiration of one month after such public holiday, then— | ||
(i) such person shall allow to such worker a whole holiday on a working day before such expiration and shall, if he so allows such whole holiday, pay to such worker in respect thereof a sum equivalent to a full day's pay, | ||
(ii) if such person fails so to allow such worker such whole holiday, such person shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to this Act, and shall (whether proceedings for such offence have or have not been taken) pay to such worker in respect of such public holiday a sum equivalent to a full day's pay, but proceedings for such offence or to recover such sum shall not be instituted until the expiration of the employment year of such worker within which such public holiday falls, or, in case such worker has been allowed annual leave, the expiration of such annual leave, or the cesser of his employment (whichever first happens); | ||
(f) if such worker ceases to be in the employment of such person before the expiration of such month and has not been allowed a whole holiday on some working day between such public holiday and such cesser and been paid in respect of such whole holiday a sum equivalent to a full day's pay, such person shall upon such cesser pay to such worker, in addition to any wages then due him, a sum equivalent to a full day's pay. | ||
(3) Where— | ||
(a) a non-domestic worker in the employment of a person has worked for such person for not less than one hundred and fifty hours at any time during the period of five weeks immediately preceding a public holiday, and | ||
(b) the services of such worker with such person are terminated by such person before such public holiday, | ||
such person shall upon such termination, but subject however to the provisions of sub-section (7) of this section, pay to such worker, in addition to any wages then due him, a sum equivalent to a full day's pay. | ||
(4) Where— | ||
(a) a non-domestic worker in the employment of a person has worked for such person for not less than one hundred and fifty hours at any time during the period of five weeks immediately preceding an appointed holiday, and | ||
(b) a day (in this sub-section referred to as the substituted day) is substituted, in case such worker is an industrial worker, under section 7 of the Act of 1936, or, in any other case, under the next preceding section of this Act, for such appointed holiday, and | ||
(c) the substituted day falls after such appointed holiday, and | ||
(d) the services of such worker with such person are terminated by such person before the substituted day, | ||
such person shall upon such termination, but subject however to the provisions of sub-section (7) of this section, pay to this worker, in addition to any wages then due him, a sum equivalent to a full day's pay. | ||
In this sub-section the expression “appointed holiday” means— | ||
(a) in relation to a person who is an industrial worker, a day which is a public holiday by virtue of sub-section (1) or sub-section (2) of section 7 of the Act of 1936; | ||
(b) in relation to a person who is not an industrial worker, a day which is a public holiday by virtue of sub-section (1) or sub-section (2) of the next preceding section of this Act. | ||
(5) The Minister may, whenever and so often as he so thinks proper, make regulations varying in respect of all or any particular class or classes (defined in such manner and by reference to such things as the Minister thinks proper) of non-domestic workers the period of one hundred and fifty hours mentioned in sub-sections (1), (2), (3) and (4) of this section by substituting for such period either such other number of hours or such number of days as the Minister thinks proper, and whenever any such regulations are in force the said sub-sections shall have effect, in respect of the non-domestic workers or the class or classes of non-domestic workers to which such regulations apply, as if the said period was varied in the manner stated in such regulations. | ||
(6) In the application of the five next preceding sub-sections to workers who are industrial workers and are under the age of eighteen years, the period of one hundred and twenty hours shall be substituted for the period of one hundred and fifty hours, and the said five next preceding sub-sections shall have effect in relation to such workers accordingly. | ||
(7) Where a non-domestic worker is during any employment year of such worker allowed by his employer annual leave under the next following section and is, in addition to, and immediately following, such annual leave, allowed by such employer on a working day or working days a number of whole holidays (in this section referred to as extra holidays) which if more than one are consecutive or would but for the intervention of non-working days or short days (if any) be consecutive, the following provisions shall have effect, that is to say:— | ||
(a) if six or more extra holidays are allowed and such worker is paid by such employer, in respect of each of six of such extra holidays, a sum equivalent to a full day's pay, neither sub-section (1) nor sub-section (2) nor sub-section (3) nor sub-section (4) of this section shall apply as regards such worker in respect of any public holiday falling within such employment year; | ||
(b) if less than six extra holidays are allowed and such worker is paid by such employer, in respect of each day of the extra holidays so allowed, a sum equivalent to a full day's pay, such employer may, at the time at which he gives such worker notice of his intention to allow such annual leave, also give to such worker notice in writing stating— | ||
(i) if five extra holidays are allowed, that such extra holidays are in lieu of his rights in respect of each of such five public holidays (falling within such employment year) as such employer may select and specify in such notice, | ||
(ii) if four extra holidays are allowed, that such extra holidays are in lieu of his rights in respect of each of such four public holidays (falling within such employment year) as such employer may select and specify in such notice, | ||
(iii) if three extra holidays are allowed, that such extra holidays are in lieu of his rights in respect of each of such three public holidays (falling within such employment year) as such employer may select and specify in such notice, | ||
(iv) if two extra holidays are allowed, that such extra holidays are in lieu of his rights in respect of each of such two public holidays (falling within such employment year) as such employer may select and specify in such notice, | ||
(v) if one extra holiday is allowed, that such extra holiday is in lieu of his rights in respect of such public holiday (falling within such employment year) as such employer may select and specify in such notice, | ||
and in any such case neither sub-section (1) nor sub-section (2) nor sub-section (3) nor sub-section (4) of this section shall apply as regards such worker in respect of any public holiday specified in such notice. | ||
(8) In this section— | ||
the expression “short day” means in relation to a worker a day on which such worker under his contract of service normally works for less than a full day; | ||
the expression “working day” means in relation to a worker a day which— | ||
(a) is a week-day, and | ||
(b) is not— | ||
(i) a public holiday, or | ||
(ii) a day within which any period of twenty-four consecutive hours of rest required to be allowed to such worker under any other enactment falls, or | ||
(iii) a non-working day, or | ||
(iv) a short day. | ||
(9) Where— | ||
(a) a payment is made to a non-domestic worker under this section by his employer in respect of a public holiday, and | ||
(b) the services of such worker are terminated before such public holiday, | ||
such worker shall not, for the purposes of the Unemployment Insurance Acts, 1920 to 1933, be deemed to have been in the employment of such employer on such public holiday. |