Worker Protection (Regular Part-Time Employees) Act, 1991

Application of Act of 1973.

4.—(1) Subject to section 2 of this Act and to the other provisions of this section and where appropriate, the Act of 1973 shall apply to a regular part-time employee in the same manner as it applies, other than by virtue of this Act, to an employee to whom the Act of 1973 relates.

(2) Notwithstanding subsection (1) of this section, subsections (2) and (3) of section 3, subsection (2) of section 4 and subsection (2) of section 5 of the Act of 1973 shall not apply to any regular part-time employee.

(3) For the purpose of the application of the Act of 1973 to regular part-time employees, that Act shall have effect—

(a) in the case of subsection (1) of section 3, as if that subsection read as follows:

“(1) An employee shall be entitled to paid leave in respect of a leave year (in this Act referred to as annual leave) at a rate of six hours for every 100 hours worked and to proportionately less where there are fewer hours worked.”,

(b) in the case of subsection (7) of section 3, as if that subsection read as follows:

“(7) For the purposes of subsection (1) a day of annual leave shall be taken as if the employee worked thereon the hours he would have worked if not on leave.”,

(c) in the case of paragraphs (a) and (b) of subsection (5) of section 3, as if those paragraphs read respectively as follows:

“(a) Where there are eight or more months of service, annual leave shall, subject to any registered employment agreement, employment regulation order or agreement with the employee's trade union, include an unbroken period equivalent to—

(i) the leave entitlement earned over the first eight months of service, or of the appropriate leave year, or

(ii) two-thirds of the total leave entitlement earned in the first year of service, or subsequently in the appropriate leave year,

and for the purpose of ascertaining an unbroken period of annual leave, regard shall be had to the average period over which a number of hours (being the same number of hours as those representing the unbroken period of annual leave) would be worked.

(b) When ascertaining for the purposes of this subsection, whether a period is a period of unbroken leave, the fact that a day is a public holiday or a day of illness shall be disregarded.”,

(d) in the case of subsection (1) of section 5, as if that subsection read as follows:

“(1) Where—

(a) an employee ceases to be employed, and

(b) annual leave is due to him in respect of the current leave year or, in case the cesser occurs during the first half of that year, in respect of that year, the previous leave year or both,

the employer shall pay compensation to him in respect of the annual leave at a rate which is proportionate to the normal weekly rate.”,

(e) in the case of subsection (3) of section 5, as if that subsection read as follows:

“(3) Where employment ceases during the five weeks ending on the day before a public holiday and the employee has, during the part of that period before the cesser, worked for the employer during at least four of those five weeks, the employer shall pay compensation to him in respect of the public holiday consisting of an extra day's pay.”,

and

(f) in the case of paragraph (b) of subsection (3) of section 6, as if that paragraph read as follows:

“(b) be at a rate which is proportionate to the normal weekly rate of remuneration, and”.

(4) For the purposes of the application of this Act to the Act of 1973, nothing in this Act shall be construed as permitting any ascertainment of annual leave entitlement or public holiday entitlement from a date before the commencement date provided for in an order under section 8 (9) of this Act and which relates to the Act of 1973.

(5) In this section “the Act of 1973” means the Holidays (Employees) Act, 1973 .