Holidays (Employees) Act, 1939
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“Employment year” and “employment half-year”. |
5.—(1) In this Act— | |
the expression “employment year” when used in relation to a worker means a period of three hundred and sixty-five days (excluding any day which is the 29th day of February) commencing on the day on which such worker last entered the employment in relation to which the expression is used or on any anniversary of that day; | ||
the expression “the first half” when used in relation to an employment year of a domestic worker means a period of one hundred and eighty-three days commencing on the first day of such employment year; | ||
the expression “the second half” when used in relation to an employment year of a domestic worker means so much of such employment year as is not included in the first half of such employment year; | ||
Where a worker entered on employment on the 29th day of February he shall for the purposes of the interpretation of the definition of the expression “employment year” be deemed to have entered that employment on the next following day. | ||
(2) Where— | ||
(a) the ownership of any business, whether carried on for profit or gain or not, is transferred by act of the parties or by operation of law during the currency of an employment year of any worker who immediately before such transfer was employed by the person carrying on such business, and | ||
(b) such worker continues after such transfer to be employed by the person (in this sub-section referred to as the new employer) to whom such ownership is transferred, the following provisions shall have effect, that is to say:— | ||
(i) such worker shall, for the purposes of this Act (including sub-section (1) of this section but excluding section 9 (which relates to rights of non-domestic workers in respect of public holidays) of this Act in respect of any public holidays previous to such transfer), be deemed to have been in the employment of the new employer as on and from the beginning of such employment year; | ||
(ii) if such worker has been allowed before such transfer annual leave or, in case such worker is a domestic worker, annual leave or semi-annual leave during such employment year, such annual leave or semi-annual leave shall, for the purposes of this Act, be deemed to have been allowed by the new employer. | ||
(3) In this section the word “business” includes any profession, office, establishment or trade of whatsoever kind. |