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Pay in respect of holidays.
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31.—(1) Where the proprietor of a shop in pursuance of this Act allows to any member of the staff of that shop any annual leave, such proprietor shall pay to such member, in respect of each day of such annual leave, salary or wages at the rate at which the remuneration of such member was payable immediately before the commencement of such annual leave.
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(2) Where—
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(a) the proprietor of a shop allows, in pursuance of this Part of this Act, any member of the staff of that shop on any day a whole holiday (other than a whole holiday which forms part of annual leave), or
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(b) the proprietor of a non-special-trade shop allows any member of the staff of that shop a whole holiday on a public holiday,
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such proprietor shall not, in respect of such whole holiday, make any deduction from the salary or wages of such member.
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(3) In this section the expression “salary or wages” shall in relation to the member of the staff of a shop be construed as excluding overtime pay and any payment made for commencing work earlier or finishing work later than other members of the staff of such shop employed in similar work.
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(4) For the purpose of this section the expression “salary or wages” shall include, in the case of a member of the staff of a shop to whom annual leave is allowed and who, immediately before the commencement of such annual leave, was entitled to receive as part his remuneration either board or lodgings or both, such sum in respect thereof as, in default of agreement, may be fixed by a Justice of the District Court, having jurisdiction in the area in which such shop is situate, upon the application (which shall be in the prescribed form and of which a copy shall, not less than ten days before the application is heard, be served personally or by registered letter on the proprietor of such shop or his representative and on the district court clerk) of such member, and the decision of such Justice on such application shall be final and conclusive.
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(5) The Minister for Justice may make regulations prescribing the form referred to in the immediately preceding sub-section as prescribed.
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