Shops (Conditions of Employment) Act, 1938

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Definitions.

2.—(1) In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “retail trade or business” includes the business of a barber or hairdresser, the business of the lending for reward of books or periodicals, the business of a pawnbroker, the sale of refreshments or intoxicating liquors, and retail sales by auction, but does not include the sale of programmes or catalogues at theatres or other places of amusement;

the expression “wholesale shop” means any premises occupied by a wholesale dealer or merchant where goods are kept for sale wholesale to customers resorting to the premises;

the word “shop” includes—

(a) any premises in which any retail trade or business is carried on, excluding so much (if any) of such premises as is not used for the purpose of such retail trade or business;

(b) any premises in which goods are received direct from customers for the purpose of having the same dyed, cleaned, repaired, altered or laundered, excluding so much (if any) of such premises as is not used for such reception of such goods;

(c) any wholesale shop;

(d) any warehouse occupied—

(i) for the purposes of a retail trade or business, by the person carrying on such retail trade or business, or

(ii) by a wholesale dealer or merchant for the purposes of the business carried on by him in a wholesale shop;

(e) a hotel;

the word “hotel” means any premises structurally adapted for use and bona-fide used as a hotel and having apartments set apart and exclusively used for the sleeping accommodation of travellers;

the expression “refreshment house” means a hotel or any premises which are structurally adapted for use as and are used as a restaurant, café or tea-shop (whether such premises are or are not licensed for the sale by retail of intoxicating liquor);

the expression “licensed premises” means any premises (not being a refreshment house) which are licensed for the sale by retail of intoxicating liquor;

the word “proprietor” when used in relation to a shop means the person who carries on business at that shop;

the expression “industrial work” means industrial work within the meaning of the Conditions of Employment Act, 1936 (No. 2 of 1936);

the expression “member of the staff” means—

(a) when used in relation to a shop (other than a refreshment house), any person who (whether he does or does not receive wages for his services) does for the proprietor of such shop any work which is wholly or mainly performed within or in the precincts of such shop and is wholly or mainly in connection with the serving of customers or the receipt of orders or the dispatch of goods or the unpacking or packing of goods, and is not industrial work, and

(b) when used in relation to a shop, which is a refreshment house, any person who (whether he does or does not receive wages for his services) does for the proprietor of such shop any work in connection with the business carried on therein (other than clerical work or work connected with the management of such shop) which is wholly or mainly performed within or in the precincts of such shop, and is not industrial work;

the word “relative” when used in relation to the proprietor of a shop means a person who—

(a) is the wife, husband, father, mother, grandfather, grandmother, step-father, or step-mother of such proprietor or is a son, daughter, grandson, grand-daughter, step-son, step-daughter, brother, sister, half-brother, or half-sister of such proprietor, and

(b) is maintained by and dwells in the house of such proprietor;

the word “juvenile” means a person who has attained the age of fourteen years and has not attained the age of eighteen years;

the expression “shop work” means work (whether within or outside a shop) which is connected with or ancillary to the business carried on at a shop, but does not include work in connection with a wholesale shop or a warehouse occupied by a wholesale dealer or merchant, other than—

(a) work within the premises, or

(b) work in the collection or delivery of goods, or in attendance upon customers, or in carrying messages or running errands;

the word “year” when used without qualification means the period between midnight on the last Saturday night in December and midnight on the last Saturday night in the next month of December;

the word “prescribed” when used in relation to the District Court means prescribed by regulations made under this Act by the Minister for Justice and in every other case means prescribed by regulations made by the Minister under this Act.

(2) A member of the staff of a shop shall for the purposes of this Act be deemed to be in the employment of the proprietor of such shop.

(3) For the purposes of this Act a person who is a member of the staff of a shop shall be deemed to be doing shop work during any period (other than intervals allowed for meals or rest) during which he is present (otherwise than in contravention of a direction of the proprietor of such shop) in such shop and his services are at the disposal of such proprietor.

(4) Where different trades or businesses are carried on by the same person in different parts of any premises, any part of such premises in which any particular class of retail trade or business is carried on shall, for the purposes of this Act, be deemed to be a shop.