Annual holiday means an annual holiday as provided under section 11 of this Act

Average weekly earnings , in relation to any worker, means 1/52 of his gross earnings

Provided that where during the period of employment the worker is unable to work because of sickness or injury, or is absent from work while on protected voluntary service or training (within the meaning of the Volunteers Employment Protection Act 1973), the divisor of 52 referred to in this definition shall be reduced by the number of complete weeks during which the worker was so unable to work or was absent from work:

Employment contract has the same meaning as in the Employment Contracts Act 1991

Factory means a factory as defined in section 2.1 of the Factories and Commercial Premises Act 1981

Labour Inspector means a Labour Inspector designated under section 143 of the Employment Contracts Act 1991

Minister means the Minister of Labour:

Undertaking has the same meaning as in the Factories and Commercial Premises Act 1981; but does not include a factory

Week , in relation to any worker, means the worker's ordinary working week

Worker means any person of any age of either sex employed by any employer to do any work for hire or reward; and includes an apprentice and any other person whose contract of employment requires him to learn or to be taught any occupation; and also includes a person deemed to be a worker under subsection (2) of this section.

Section 2 of the Factories and Commercial Premises Act

"Award" means an award or collective agreement within the meaning of the Industrial Relations Act 1973, and includes

(a) An agreement filed under Part X of that Act; and

(b) An order or determination as to conditions of employment made under the State Services Conditions of Employment Act 1977 or the Post Office Act 1959; and

(c) Regulations as to conditions of employment made under the Government Railways Act 1949, the Hospitals Act 1957, or the Education Act 1964:

"Bakehouse" means a place where food is baked, or prepared for baking, for sale for human consumption; but does not include a hotel or a restaurant:

"Business" means a profession, trade, manufacture, occupation, or work, carried on for pecuniary gain; and includes the operations of a Department of State, local authority, public body, society, or other body of persons of any kind, whether incorporated or not and whether or not carried on for pecuniary gain:

"Chief Inspector" means the Chief Inspector of Factories appointed under section 4 (6) of this Act:

"Cinema" means a place where there is carried on the business of exhibiting films within the meaning of the Cinematograph Films Act 1976:

"Code of practice" means a recommendation issued under section 50 (1) of this Act, and includes any part or parts of a code of practice, any amendment to a code of practice, and any revocation of a code of practice:

"Commercial depot" means a place where persons employed by its occupier who customarily work elsewhere than in that place come regularly as part of their duties, for the purpose of reporting in or out, receiving instructions, or delivering or collecting goods or vehicles, or to which they are required to come for rest breaks:

"Factory", subject to subsections (2) to (6) of this section, means a place where more than one person is engaged, or where any person is employed, directly or indirectly, in the business of any handicraft, or in the business of preparing or manufacturing goods for trade or sale; and (whatever number of persons is engaged or employed therein) includes

(a) A bakehouse:

(b) A place where steam or other mechanical power or appliance is used for the purpose of preparing or manufacturing goods for trade or sale, or packing goods for transit:

(c) A place where electrical energy is generated or transformed as an illuminant or a motive power, for trade or sale, or where any form of gas is produced for like purposes:

(d) A laundry (whether or not the persons employed in it receive payment):

(e) A place (not being a place on a farm) where the business of pasteurising milk is carried on:

(f) An abattoir within the meaning of the Meat Act 1964:

(g) A place where any noxious handicraft, noxious process, or noxious employment, is carried on:

(h) A place where there is carried on

(i) The business of spray-coating with a noxious or flammable substance; or

(ii) The business of the manufacture of fibre-reinforced plastic products; or

(iii) Any business involving a process or manufacture using asbestos:

"Hospital" has the same meaning as in the Hospitals Act 1957:

"Hotel" means a place in respect of which a hotel premises licence, a tavern premises licence, or a tourist house premises licence under the Sale of Liquor Act 1962 is for the time being in force; and includes a place in which is carried on exclusively the business of a private hotel or boarding house, and in which

(a) The number of guests or boarders usually exceeds 4; or

(b) The number of persons employed (other than members of the family of the occupier) usually exceeds one;--- but where such a licence is held in respect of only part of a place, or where only part of a place is used for such a business, only that part shall constitute a hotel:

"Inspector" means an Inspector of Factories appointed under section 4 (1) of this Act; and includes the Chief Inspector and the Deputy Chief Inspector of Factories:

"Laboratory" does not include any place attached to or forming part of a university, school, or hospital, or occupied by the Crown:

"Laundry" means a place in which laundry work is performed for hire or reward:

"Local authority", in relation to an undertaking, means the territorial authority (within the meaning of the Local Government Act 1974) in whose district that undertaking is situated:

"Medical Officer of Health" means a Medical Officer of Health under the Health Act 1956:

"Minister" means the Minister of Labour:

"Noise" includes sound energy of any frequency, whether or not capable of being perceived by the unaided human ear:

"Noxious handicraft", "noxious process", and "noxious employment" include, respectively, a handicraft, process, or employment, for the time being declared to be noxious by the Governor-General by Order in Council:

"Occupier", in relation to any place, means the person occupying that place, and includes any agent, manager, foreman, or other person, acting or apparently acting in the general management or control of that place; and where a place is occupied by a body of persons, whether corporate or unincorporate, also includes the working manager:

"Office" means a place in which any person is employed, directly or indirectly, to do any clerical work in connection with any business carried on by the occupier of that place:

"Place" includes any building, land, room, or undertaking, and any part (whether separately divided or enclosed) of any building, land, room, or undertaking:

"Restaurant" means any place other than a hotel where there is carried on exclusively the business of selling meals or refreshments to the general public for consumption in that place:

"Sanitary convenience" includes a urinal, a water closet, an earth closet, a chemical toilet, a privy, and any similar convenience:

"School" means a teachers' college, technical institute, community college, or secondary school, (within the meaning of the Education Act 1964):

"Secretary" means the Secretary of Labour:

"Shop" means a place where goods are kept, exposed, or offered, for sale by retail, or where any facility required by this Act to be provided or maintained in respect of a shop or the workers in it is situated, and includes a hairdressing salon and an auction mart; but does not include

(a) A private dwellinghouse in which the household effects of the owner or occupier are being sold by auction or otherwise; or

(b) A place in which is carried on exclusively the business of selling by auction agricultural or pastoral products, including livestock; or

(c) A warehouse; or

(d) A hotel; or

(e) A restaurant:

"Store" means a place in which goods are kept; but does not include a shop or a warehouse:

"Theatre" does not include any place attached to or forming part of a university, school, or hospital:

"Undertaking" means a place

(a) That is a bakehouse, a cinema, a commercial depot, a factory, a hotel, a laundry, a laboratory, a mailroom, an office, a restaurant, a shop, a store, a theatre, a telegraph office, a telex office, or a warehouse; or

(b) Where for pecuniary gain motor vehicles are repaired, serviced, or tested; or

(c) Where food is prepared or cooked, and sold in a form ready for immediate human consumption elsewhere than in that place:

"University" has the same meaning as in the Universities Act 1961:

"Warehouse" means a place where goods are sold to persons who are dealers in goods of that kind and who buy those goods to sell again.

(a) A crushing plant associated with a mine (other than a coal mine) or a quarry:

(b) A plant, associated with a mine (other than a coal mine) or a quarry, where any mineral or stone won from that mine or quarry is washed or separated:

(c) A place, associated with a mine (other than a coal mine) or a quarry, where rough dressing or cutting of stone won from that mine or quarry is carried on:

(d) A workshop, situated at a mine (other than a coal mine) or quarry, or at the site of any drilling or prospecting for minerals (other than coal or hydrocarbons), in which there is carried on exclusively the maintenance of plant and equipment used at that mine, quarry, or site:

(e) A place where gold or any other mineral is dredged for:

(f) A private dwellinghouse where its occupier works as a tailor or dressmaker:

(g) A place that is situated on a farm or orchard and used for grain drying, fruit packing, or honey packing:

(h) An electricity power station, or sub-station, that is unmanned except for the purposes of inspection or maintenance:

(i) A cinema:

(j) A private dwellinghouse where its occupier does laundry for individual clients (not being work let out by some intermediate agent or principal):

(k) An occupational therapy workshop operated by a hospital board:

(l) Any place occupied by a harbour board:

(m) A hotel, restaurant, cafeteria, or canteen where food baked or prepared is solely for consumption on the premises:

(n) A place where wreaths or bouquets are made up:

(o) A pharmacy within the meaning of the Pharmacy Act 1970:

(p) A place where wool is classed:

(q) A place on a farm where produce from that farm that is intended for the farmer's own use or consumption is dealt with or processed, or where produce from several farms that is intended for the use or consumption of members of a co-operative comprising the persons farming those farms is dealt with or processed:

(r) A building or place where green hides are salted or packed:

(s) A water pumping station:

(t) A shop in which sausages are manufactured for sale in that shop:

(u) A shop where soft ice-cream is manufactured in, and dispensed from, any machinery directly into cones or individual cartons:

(v) A place where food is prepared or cooked (otherwise than by baking), and sold in a form ready for immediate human consumption elsewhere than in the place:

(w) A shearing shed within the meaning of the Shearers Act 1962:

(x) A place where combustible gas is produced from biological materials for

(i) Uses as a fuel by the occupier of that place; or

(ii) Use for the generation of electricity for consumption by the occupier of that place:

(y) A building in the course of construction:

(z) A temporary workshop or shed for workmen engaged in the construction of any building.

(a) A crushing plant associated with a coal mine; or

(b) A plant, associated with a coal mine, where any coal won from that mine is washed or separated; or

(c) A workshop situated at a coal mine or hydrocarbon well, or at the site of any drilling or prospecting for coal or hydrocarbons, in which there is carried on exclusively the maintenance of plant and equipment used at that mine, well, or site---

(a) All the goods so manufactured are produced by hand, or by the use of mechanical appliances that

(i) Do not produce the goods in a repetitive manner through the use of jigs, templates, moulds, patterns, dies, jolleys, or other similar devices, except to the extent that such devices may be used to produce an original or first unit; and

(ii) Produce the goods through the direct control of the operator of those appliances; and

(iii) Do not produce the goods according to a pre-determined pattern for production run purposes; and

(b) All the goods so manufactured are produced by persons each of whom designs and has complete and variable control over every stage of the production of all the goods he produces; and

(c) No person is employed in the production of any of the goods so manufactured; and

(d) No noxious handicraft or noxious process is involved in the production of any of the goods so manufactured.

Section 143 of the Employment Contracts Act 1991

(a) The Equal Pay Act 1972; and

(b) The Holidays Act 1981; and

(c) The Minimum Wage Act 1983; and

(d) The Volunteers Employment Protection Act 1973,

Section 2 of the Volunteers Employment Protection Act 1973

"Apprentice" means an apprentice within the meaning of the [Apprenticeship Act 1983]; and includes any person employed in any employment, the time served in which is part of a qualifying period described by or under any Act for any trade, profession, or calling; and "contract of apprenticeship" has a corresponding meaning:

"Armed Forces" means the Armed Forces within the meaning of the Defence Act 1971; and includes any branch, corps, command, formation, unit, or other part of the Armed Forces; but does not include any part of the cadet forces:

"Inspector of Factories" means an Inspector of Factories appointed under [the Factories and Commercial Premises Act 1981]:

["Protected voluntary service or training"---

(a) Means voluntary service or training in the Armed Forces necessitating an absence from employment (other than during a period of holiday or leave to which the worker is entitled other than by virtue of this Act) for a period or periods of:

(i) Whole-time service in the form of one or more periods of continuous training not exceeding in the aggregate 3 months with the Armed Forces; and

(ii) Part-time service in the form of annual, special, weekend, and evening training, not exceeding in the aggregate 3 weeks in any training year; and

(b) Includes

(i) Any period or periods spent in travelling to and from any place of service or training:

(ii) Any period or periods during which a volunteer is prevented from resuming employment after service or training because of sickness or any reasonable cause attributable to the service or training:]

"Secretary" means the Secretary of Labour appointed under the Labour Department Act 1954; and includes any person for the time being authorised to exercise or perform any of the Secretary's powers or functions:

"Training year" means the period commencing on the 1st day of April in one year and ending with the 31st day of March in the following year, both dates inclusive:

"Undertaking" includes any business, whether carried on by way of trade or not, and the activities of any body of persons, whether incorporated or not:

"Worker" means any person who is employed by any employer.

(a) He has as a consequence become employed in that other undertaking; or

(b) It is reasonable to suppose that he would as a consequence have been employed in that other undertaking if his employment had not been interrupted by his service or training,---