Holidays (Employees) Act, 1961
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Rights of workers in respect of public holidays. |
9.—(1) Where— | |
(a) a worker is in the employment of a person on a public holiday, | ||
(b) the worker has worked for such person for the qualifying period of work for that worker defined in subsection (8) of this section at any time during the period of five weeks immediately preceding the public holiday, and | ||
(c) either— | ||
(i) the worker has been allowed by such person a whole holiday on the public holiday, or | ||
(ii) the public holiday occurs on a non-working day or on a short day and the worker does not work for such person on the public holiday, | ||
such person shall pay to the worker in respect of the public holiday a sum equivalent to a full day's pay. | ||
(2) Where— | ||
(a) a worker is in the employment of a person on a public holiday, | ||
(b) the worker has worked for such person for the qualifying period of work for that worker defined in subsection (8) of this section at any time during the period of five weeks immediately preceding the public holiday, and | ||
(c) the worker has worked on the public holiday for such person, | ||
such person shall, | ||
(i) allow to that worker a compensatory holiday in lieu of the public holiday, or | ||
(ii) pay to the worker in respect of the public holiday a sum equivalent to twice the amount of a full day's pay. | ||
(3) For the purposes of subsection (2) of this section a person shall be deemed to have allowed the worker a compensatory holiday in lieu of a public holiday if, but only if he | ||
(a) allows the worker a whole holiday in lieu of a public holiday on a working day before the expiration of one month after the public holiday and pays to the worker in respect thereof a sum equivalent to the amount of a full day's pay, or | ||
(b) allows the worker at any time during the employment year of the worker within which the public holiday occurs a whole holiday on the working day next following the expiration of the worker's annual leave and pays to the worker in respect thereof a sum equivalent to the amount of a full day's pay. | ||
(4) Where— | ||
(a) a worker is in the employment of a person on a public holiday, | ||
(b) the worker has worked for such person for the qualifying period of work for that worker defined in subsection (8) of this section at any time during the period of five weeks immediately preceding the public holiday, | ||
(c) the worker has worked on the public holiday for such person, | ||
(d) the worker has not received in respect of the holiday a sum equivalent to twice the amount of a full day's pay, and | ||
(e) the employment of the worker is terminated before he has been allowed a compensatory holiday in lieu of the public holiday, | ||
such person shall pay to the worker on such termination in addition to any wages then due to him a sum equivalent to a full day's pay. | ||
(5) Where— | ||
(a) a worker in the employment of a person is allowed by such person a compensatory holiday in lieu of a public holiday, and | ||
(b) the worker ceases to be in the employment of such person before the public holiday occurs, | ||
such person may not deduct from the wages due to the worker any sum in respect of the compensatory holiday. | ||
(6) Where— | ||
(a) a worker in the employment of a person has worked for such person for the qualifying period of work for that worker defined in subsection (8) of this section at any time during the period of five weeks immediately preceding a public holiday, and | ||
(b) the services of the worker with such person are terminated by such person before the public holiday, | ||
such person shall upon such termination, pay to the worker, in addition to any wages then due to him, | ||
(i) a sum equivalent to a full day's pay, or | ||
(ii) if such holiday was Christmas Day, a sum equivalent to a full day's pay in respect of that day, and an additional such sum in respect of St. Stephen's Day. | ||
(7) Where— | ||
(a) a worker in the employment of a person has worked for such person for the qualifying period of work for that worker defined in subsection (8) of this section at any time during the period of five weeks immediately preceding an appointed holiday, | ||
(b) a day (in this subsection referred to as the substituted day) is substituted under section 8 of this Act for the appointed holiday, | ||
(c) the substituted day occurs after the appointed holiday, and | ||
(d) the services of the worker with such person are terminated by such person before the substituted day, | ||
such person shall upon such termination, pay to the worker, in addition to any wages then due to him, a sum equivalent to a full day's pay. | ||
In this subsection “appointed holiday” means a day which is a public holiday by virtue of subsection (1) or subsection (2) of section 8 of this Act. | ||
(8) The qualifying periods of work for the purposes of subsections (1), (2), (4), (6) and (7) of this section shall be as follows: | ||
(a) in the case of an industrial worker under eighteen years of age, or a worker under eighteen years of age who is employed in mining, not less than one hundred and twenty hours, | ||
(b) in the case of a domestic worker, not less than twenty-five days, and | ||
(c) in the case of any other worker, not less than one hundred and thirty-five hours. | ||
In the calculation of the qualifying periods of work defined in this subsection days of annual leave shall be included and a worker shall be deemed to have worked on each day of his annual leave the normal number of hours which he would have worked on that day under his contract of service. | ||
(9) Each hour of intermittent unemployment of a worker in respect of which supplementary benefit is payable under section 28 of the Insurance (Intermittent Unemployment) Act, 1942 , shall be deemed to be an hour worked for the purposes of this section up to a maximum of fifty hours in respect of each qualifying period. | ||
(10) The Minister may, whenever and so often as he thinks proper, make regulations varying in respect of all classes or any particular class (defined in such manner and by reference to such things as the Minister thinks proper) of workers any or all of the qualifying periods of work defined in subsection (8) of this section by substituting therefor either such other number of hours or such number of days as the Minister thinks proper, and wheneverany such regulations are in force, the provisions of subsection (8) of this section shall have effect, in respect of the workers or the class or classes of workers to which the regulations apply, as if the qualifying period or periods defined in the said subsection (8) was or were varied in the manner stated in the regulations. | ||
(11) If any person fails to comply with any of the provisions of this section relating to— | ||
(a) the rights of a worker in his employment who works for such person on a public holiday, or | ||
(b) the payment to a worker in his employment of any sum payable to the worker in accordance with the said provisions in addition to any wages due to him, | ||
such person shall be guilty of an offence. | ||
(12) Where— | ||
(a) a payment is made to a worker under this section by his employer in respect of a public holiday, and | ||
(b) the services of the worker are terminated before the public holiday, | ||
the worker shall not, for the purposes of the provisions of the Social Welfare Act, 1952 , which relate to unemployment benefit, be deemed to have been in the employment of such employer on such public holiday. | ||
(13) In this section “a full day's pay” means the amount payable to a worker under his contract of service in respect of a normal full working day. | ||
(14) For the purposes of this section a domestic worker shall be deemed to have worked in the employment of a particular person on any day on which he has been available for service at such person's request for a period of two or more hours. |