EMPLOYEES' HOLIDAYS act

Arrangement of Sections

1. Short title.

2. Determination of such of the public holidays as are to be holidays for certain employees.

3. Liability of employer to allow holidays under a Holidays Order and pay remuneration in respect of such holidays.

4. Provision in respect of employees who work on holidays.

5. Employer to exhibit notices and maintain records.

6. Inclusion of prescribed particulars in register or record kept under any other written law.

7. Power of entry and inspection.

8. Power of the Commissioner to call for returns

9. Offences.

10. Recovery of arrears of remuneration in certain cases.

11. Burden of proof.

12. Contracting out of rights and privileges under this Act.

13. Prosecutions.

14. Offences under the Act to be triable summarily.

15. Administration of the Act

16. Exemptions from the application of this Act.

17. Regulations.

18. Interpretation.

6 of 1959.

AN ACT to provide for the grant of some of the Public Holidays to certain classes of Employees and for matters connected therewith or incidental thereto.

[Date of Commencement: 1st October, 1959]

1. Short title.

This Act may be cited as the Employees' Holidays Act.

2. Determination of such of the public holidays as are to be holidays for certain employees.

(1) The Minister may, by Order published in the Gazette, declare that such of the public holidays as may be specified in the Order shall be holidays for all employees or for any specified class or description of employees.

(2) An Order under subsection (1) is hereafter in this Act referred to as a Holidays Order.

(3) A Holidays Order shall not apply to any employee who—

(a) is, within the meaning of the Shop and Office Employees (Regulation of Employment and Remuneration) Act, a person employed in or about the business of any shop or office, or

(b) is a worker in any trade for which a Wages Board has been established under the Wages Boards Ordinance.

3. Liability of employer to allow holidays under a Holidays Order and pay remuneration in respect of such holidays.

Where a Holidays Order is in force—

(a) every employee to whom such Order applies shall, subject to such conditions as may be prescribed under paragraph (b) of this section and to the provisions of section 4, be entitled to take and shall take a holiday on each day declared to be a holiday by such Order, and

(b) the employer of every such employee shall, subject to such conditions as may be prescribed and to the provisions of section 4, allow such employee a holiday on each such declared day and be liable to pay, in respect of such holiday, remuneration computed in the prescribed manner.

4. Provision in respect of employees who work on holidays.

(1) Any employee to whom a Holidays Order applies may, with the prior permission of the Commissioner, be employed on any day declared to be a holiday by such Order. Where such employee is employed on such day, his employer shall allow him a holiday, with remuneration computed in the prescribed manner, within such period as may be specified by the Commissioner, or shall pay him in respect of such day remuneration determined at a rate which shall be double the rate at which he would ordinarily have been remunerated in respect of such day if such day had not been declared to be a holiday.

(2) The permission referred to in subsection (1) shall, in regard to any holiday, be granted by the Commissioner in respect of any employee, or any class or description of employees, or employees employed by any class or description of employers, if the Commissioner is satisfied—

(a) that such employee or each such employee cannot be allowed such holiday without substantial prejudice to the trade, business, occupation, establishment or institution in which he is employed, or

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