Conditions of Employment Act, 1936

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Public holidays and Sundays.

49.—(1) Save as otherwise provided by this Act it shall not be lawful for any employer to permit any worker in his employment to do for him on any day which is a Sunday or a public holiday any industrial work other than industrial work which is—

(a) continuous process shift work,

(b) licensed shift work,

(c) done in or about the printing or publishing of newspapers,

(d) the work of a creamery,

(e) industrial work excepted from this sub-section by regulations made by the Minister after consultation with representatives of employers interested in such industrial work and with representatives of workers so interested,

(f) done in or about the construction, maintenance, alteration, or repair of any telegraphic or telephonic installation,

(g) done in or about the maintenance or working of a broad-casting station maintained and worked under Part II of the Wireless Telegraphy Act, 1926 (No. 45 of 1926).

(2) Notwithstanding anything contained in the next preceding sub-section of this section, an employer may employ an adult male worker to do, on any Sunday, for a period not exceeding three hours or for two or more periods not exceeding in the aggregate three hours, any industrial work to which the prohibition effected by the said next preceding sub-section applies.

(3) If any employer employs any worker to do on the Sunday in any week any industrial work to which the prohibition effected by sub-section (1) of this section does not apply, such employer, if such worker remains in his employment for such week, shall allow to him twenty-four consecutive hours of rest before the next following Sunday.

(4) The Minister may, if he so thinks proper, by order make regulations permitting, in respect of any particular form of industrial work, the period of twenty-four consecutive hours' rest mentioned in the next preceding sub-section of this section to be given to any worker within seven days after the Sunday on which such worker was so employed as to be entitled under the said next preceding sub-section to such period of rest, and whenever any such regulations are so made the said next preceding sub-section shall have effect subject to the provisions of such regulations.

(5) Where an employer is prohibited by this section from permitting workers in his employment to do industrial work for him on a public holiday, such employer shall pay in respect of every public holiday one day's pay (calculated at the rate which would be applicable if such public holiday were a day of annual leave) to every worker who—

(a) is a worker to whom such prohibition applies, and

(b) is in the employment of such employer on the working day next before such public holiday, and,

(c) has been continuously in such employment during the whole of the period of four weeks ending on the said working day, and

(d) has worked in such employment not less than one hundred and fifty hours during the said period of four weeks, and

(e) has worked in such employment not less than twenty hours during the six working days next preceding such public holiday.

(6) The Minister may, whenever and so often as he so thinks proper, by order make regulations varying, in respect of all or any particular classes or class of workers, both or either of the periods of one hundred and fifty hours and twenty hours mentioned in the next preceding sub-section of this section by substituting for such periods or period such other periods or period as the Minister shall think proper, and whenever any such regulations are in force the said next preceding sub-section shall have effect, in respect of the workers or the classes or class of workers to which such regulations apply, as if the said periods or period affected by such regulations were varied in the manner stated in such regulations.

(7) In the application of the two next preceding sub-sections of this section to workers who are young persons, the several periods of one hundred and twenty hours and sixteen hours shall respectively be substituted for the several periods of one hundred and fifty hours and twenty hours, and the said two next preceding sub-sections shall have effect in relation to such workers accordingly.

(8) If any employer fails to pay to any worker any moneys which become payable to such worker under this section, such worker may recover such moneys as a simple contract debt from such employer.

(9) If any person acts in contravention of this section he shall be guilty of an offence under this section.