Holidays (Employees) Act, 1973
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Interpretation. |
1.—(1) In this Act— | |
“annual leave” has the meaning specified in section 3 (1); | ||
“employ” means employ under a contract of service (whether the contract is expressed or implied or is oral or in writing) or a contract of apprenticeship, and cognate words shall be construed accordingly; | ||
“leave year” means a year beginning on any 1st day of April; | ||
“the Minister” means the Minister for Labour; | ||
“normal weekly rate”, in relation to remuneration, means— | ||
(a) in a case of payment wholly by a time rate or by a fixed rate or salary, and in any other case of payment not varying in relation to the work done—the sum (including any regular bonus or allowance which does not vary in relation to work done, but excluding pay for overtime) payable in respect of normal weekly working hours in the working week next before annual leave or cesser of employment, | ||
(b) in any other case—a sum equivalent to the average weekly earnings (excluding pay for overtime) for normal working hours calculated by reference to the earnings in respect of the time worked during the thirteen weeks ending on the day before annual leave or cesser of employment or, if no time was worked during those weeks, during the thirteen weeks ending on the day on which time was last worked before annual leave or cesser of employment; | ||
“public holiday” is to be construed in accordance with the Schedule; | ||
“regulations” is to be construed in accordance with section 14 (1); | ||
“wet time” means hours of intermittent unemployment in respect of which supplementary benefit is payable under section 28 of the Insurance (Intermittent Unemployment) Act, 1942 . | ||
(2) Where an employee continues in an undertaking after its transfer— | ||
(a) he shall, for the purposes of this Act, be regarded as having been employed by the new employer from either (whichever is the later) the beginning of his employment in the undertaking or the beginning of— | ||
(i) the previous leave year in case the transfer occurs during the first half of the second or any subsequent leave year, or | ||
(ii) the leave year in which the transfer occurs in any other case, | ||
(b) if he has been allowed annual leave before the transfer, it shall, for the purposes of this Act, be regarded as having been allowed by the new employer. | ||
(3) A person in the service of a local authority shall be deemed for the purposes of this Act to be employed by the local authority. |