S.I. No. 139/1963 - Holidays (Employees) Act, 1961 (Section 3 (3)) Regulations, 1963.


S.I. No. 139 of 1963.

HOLIDAYS (EMPLOYEES) ACT, 1961 (SECTION 3 (3)) REGULATIONS, 1963.

I, JOHN LYNCH, Minister for Industry and Commerce, in exercise of the powers conferred on me by subsection (3) of section 3 of the Holidays (Employees) Act, 1961 (No. 33 of 1961), and after consultation with such employers' organisations and with such workers' organisations as I consider appropriate to be consulted, hereby make the following regulations:

1. These Regulations may be cited as the Holidays (Employees) Act, 1961 (Section 3 (3)) Regulations, 1963.

2. In these Regulations "the Act" means the Holidays (Employees) Act, 1961 (No. 33 of 1961).

3. The following class of persons, namely, wholetime insurance agents whose ordinary remuneration is by way of commission on premiums collected by them and who are engaged under a contract for services, shall be deemed to be workers for the purposes of the Act.

4. Section 5 of the Act is hereby modified by the substitution of "require" for "permit" in the application of that section to the class of persons mentioned in Regulation 3 of these Regulations.

5. Section 10 of the Act is hereby modified in the following respects—

(a) every person belonging to the class of persons mentioned in Regulation 3 of these Regulations shall be deemed—

(i) for the purposes of subsection (1) of that section to have worked in any employment year for sixteen hundred hours, and

(ii) for the purposes of subsection (3) of that section to have worked for one hundred and thirty-five hours in each month during which he has worked in a relevant employment year;

(b) notwithstanding subsection (1) of that section, annual leave may, in lieu of being allowed in the manner provided for by that subsection, be allowed to a person belonging to the class of persons mentioned in Regulation 3 of these Regulations in two periods each of which consists of seven consecutive days.

GIVEN under my Official Seal, this 22nd day of July, 1963.

(Signed) JOHN LYNCH,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The Holidays (Employees) Act, 1961 applies to persons employed under a contract of service.

The effect of these Regulations is to bring specifically within the scope of the Act wholetime insurance agents employed under a contract for services and to modify certain provisions of the Act in their application to such agents.