S.I. No. 96/1938 - Shops (Conditions of Employment) Act, 1938, Regulations, 1938.

STATUTORY RULES AND ORDERS. 1938. No. 96.

SHOPS (CONDITIONS OF EMPLOYMENT) ACT, 1938, REGULATIONS, 1938.

WHEREAS by virtue of the Shops (Conditions of Employment) Act, 1938 (Commencement) Order, 1938 (Statutory Rules and Orders No. 80 of 1938), the Shops (Conditions of Employment) Act, 1938 (No. 4 of 1938), will come into operation on the 16th day of May, 1938 :

AND WHEREAS it is enacted by section 12 of the said Act that the Minister for Industry and Commerce may make regulations in relation to any matter or thing referred to in the said Act as prescribed or to be prescribed and which is not authorised by the said Act to be prescribed by regulations made by the Minister for Justice, and these regulations relate to matters or things (being matters or things which are not so authorised) referred to as prescribed in the following provisions of the said Act, namely, sub-section (1) of section 23, sub-section (2) of section 33, and sub-section (1) of section 56 :

AND WHEREAS the making of these regulations before the coming into operation of the said Act is necessary to enable the said sections 23, 33 and 56 to have full force and effect immediately upon its coming into operation :

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the powers conferred on him by the Shops (Conditions of Employment) Act, 1938 (No. 4 of 1938), and of every and any other power him in this behalf enabling, hereby makes the following regulations, that is to say :—

1. —(1) These Regulations may be cited as the Shops (Conditions of Employment) Act, 1938 , Regulations, 1938.

(2) These Regulations shall come into force on the 16th day of May, 1938.

2. —In these Regulations, the expression " the Act " means the Shops (Conditions of Employment) Act, 1938 (No. 4 of 1938).

3. —The hours of work notice referred to in sub-section (1) of Section 23 (which relates to notices of working hours, etc.) of the Act shall be in the Form S.C.E. 1 set out in the Schedule hereto.

4. —The notice referred to in sub-section (2) of Section 33 (which relates to weekly half-holidays of members of staffs of certain shops) of the Act shall—

(a) be in the Form S.C.E. 2 set out in the Schedule hereto, and

(b) be given to each member of the staff of the shop concerned by displaying it in such shop in such a position that it can be easily read by such member.

5. —The notice referred to in sub-section (1) of Section 56 (which relates to seats for female members of staffs of shops) of the Act shall—

(a) be in the Form S.C.E. 3 set out in the Schedule hereto, and

(b) be given either—

(i) by displaying it in the shop concerned in such position that it can be easily read by female members of the staff of such shop, or

(ii) by supplying a copy of such notice to each female member of the staff of such shop.

SCHEDULE.

FORM NO. S.C.E. 1

SHOPS (CONDITIONS OF EMPLOYMENT) ACT, 1938 .

HOURS OF WORK NOTICE.

The daily hours of work of the members of the staff of this shop are as follows :—

Signed by or on behalf of the Proprietor,

............................................................ .

Form No. S.C.E. 1.—(Continued).

NOTES.

(1) This Notice must be kept posted in a prominent place in the shop where it may conveniently be read by the members of the staff.

(2) The names of several members of the staff whose hours of work are the same may be grouped together in Column (a).

(3) The space headed " Observations " may be used to specify any regular system of rotation of hours between different members of the staff or any changes in the usual hours which occur at definite times (e.g., on Fair Days or in regard to a half holiday in a public fortnight).

(4) Additional copies of this form may be used to cover different departments.

(5) The hours specified in this Notice can be varied only after 48 hours' notice to every member of the staff affected by the variation.

(6) Except in the case of illness or other unforseen cause it is an offence to allow any member of the staff to do shop work otherwise than in accordance with the hours specified in the hours of work notice in force for the time being.

(7) Entries made on this form must not be altered. If any alteration of hours takes place, a fresh form should be prepared.

Form No. S.C.E. 2.

SHOPS (CONDITIONS OF EMPLOYMENT) ACT, 1938 .

NOTICE TO MEMBERS OF THE STAFF IN REGARD TO THE WEEKLY HALF-HOLIDAY.

The members of the staff of this shop shall be allowed a half-holiday in each week (or in any public holiday fortnight) as follows :—

Signed by or on behalf of Proprietor

............................................................ 

Date............................................................ 

NOTES.

(1) If the same day is fixed for all members of the staff the word " all " may be inserted in column (a).

(2) The names of members of the staff or classes or departments for which the half-holiday is allowed on the same day may be grouped together in column (a).

(3) " Public holiday fortnight " means the week in which a public holiday for the shop occurs and the immediately preceding week.

(4) This notice (or a sufficient number of copies thereof) must be displayed in such a position that it can easily be read by every person whom it concerns.

(5) If a half-holiday is given on any day other than that specified in this notice the provisions of the Act are not complied with.

Form No. S.C.E. 3.

SHOPS (CONDITIONS OF EMPLOYMENT) ACT, 1938 .

SEATS FOR FEMALE MEMBERS OF THE STAFF.

NOTICE IS HEREBY GIVEN that seats are provided in this shop for female members of the staff employed in the serving of customers, and that such members are permitted to make use of the seats whenever the use thereof does not interfere with their work.

Signed by or on behalf of the Proprietor

........................................

Note.—A copy of this notice must either be kept constantly exhibited in such a manner that it may be readily seen and read by any person whom it affects or be supplied to every such person.

Given under the Official Seal of the Minister for Industry and Commerce this 9th day of May, 1938.

JOHN LEYDON,

Secretary,

Department of Industry and Commerce.