Holidays (Employees) Act, 1961

Workers.

3.—(1) In this Act—

“worker” means any person of the age of fourteen years or upwards who is employed, other than a person who is—

(a) one to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented or repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the materials or articles,

(b) an agricultural worker to whom the Agricultural Workers (Holidays) Act, 1950 applies,

(c) the master or a member of the crew of any sea-going vessel (not being a barge or a hopper), whether publicly or privately owned, engaged in the transport of cargo or passengers,

(d) a lighthouse or lightship employee,

(e) a clergyman in Holy Orders,

(f) a member of any religious order or community,

(g) the wife, husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, grand-daughter, step-son, step-daughter, brother, sister, half-brother or half-sister of his employer maintained by and dwelling in the house of his employer,

(h) a person who is employed by or under the State not being—

(i) a person so employed in an unestablished position to whom, by virtue of section 6 of the Act of 1936, that Act applies,

(ii) a person so employed in an unestablished positionas a porter, door-keeper, messenger, night watchman, charwoman, cleaner, or labourer or in other subordinate duties, or

(iii) a person so employed in an unestablished position as an artisan or other skilled labourer,

(i) employed as a fisherman, or

(j) member of any particular class of employed persons declared by an order made under this section to be an excluded class for the purposes of this section;

“domestic worker” means a person who—

(a) is a worker,

(b) is not an industrial worker,

(c) is not a member of the staff of a shop, and

(d) either—

(i) is entitled under his contract of service to free lodgings either in his employer's house or elsewhere, or

(ii) does work of a personal or domestic nature in or about the dwelling house of his employer:

“non-domestic worker” means a worker who is not a domestic worker;

“industrial worker” means a worker, other than an out-worker within the meaning of the Act of 1936, who does industrial work for a salary or wages or for the purposes of learning any trade or calling;

In paragraph (h) of this subsection “unestablished position” has the same meaning as in the Civil Service Commissioners Act, 1956 .

(2) The Minister may, whenever and so often as he thinks fit, after consultation with such Ministers of State or employers' organisations and with such workers' organisations as he considers appropriate to be consulted, by order declare that any particular class (defined in such manner and by reference to such things asthe Minister thinks proper) of employed persons shall be an excluded class for the purposes of this section, and whenever any-such order is made then so long as such order is in force the class of employed persons to which such order relates shall be an excluded class for the purposes of this section.

(3) The Minister may, after consultation with such Ministers of State or employers' organisations and with such workers' organisations as he considers appropriate to be consulted, make regulations providing—

(a) that any person or any class or description (defined in such manner and by reference to such things as the Minister thinks proper) of persons shall be deemed to be a worker or workers for the purposes of this Act;

(b) that any worker or workers, whether as so defined in this section, or deemed to be such for the purposes of this Act by virtue of regulations made under this subsection, shall, for those purposes, be deemed to be a domestic worker or domestic workers or a non-domestic worker or non-domestic workers (as the case may be) as specified in the regulations.

Any regulations made by the Minister under this subsection may contain such supplemental and consequential provisions or modifications of the provisions of this Act as he considers necessary for giving full effect to the regulations.

(4) The Minister may revoke or amend any order made under this section (including this subsection).