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Note: This is the text of the old Act that remains in force until 31st March 2004. From 1st April 2004 leave is governed by the Holidays Act 2003 | |
Section 3 Meaning of term "gross earnings"
Legislation
3.1
For the purposes of this Act, the term "gross earnings" means, (a) In relation to any worker (except any person deemed to be a worker under
section 2.2 of this Act) in respect of any specified period, the total amount of remuneration payable to him by his employer by way of salary, wages, allowances, or commission
(whether in cash or otherwise) in respect of his employment by the employer during that period, and includes any holiday pay payable to him by the employer in respect of any holiday taken by the worker during that period; and, where the worker is
provided with board or lodging by the employer, also includes the cash value of that board or lodging as determined under section 5 of this Act:
(b) In relation to any person deemed to be a worker under section 2.2 of this Act, an amount equal to 80 percent of the aggregate of the commission and any retainer and any other amount
whatsoever paid or payable to him (whether in cash or otherwise) by his employer. 3.2 Notwithstanding subsection (1) of this section but subject to sections 18.7 and
21.3 of this Act, the term "gross earnings" does not include any sum (including a bonus, gratuity, or other lump sum special payment) that the employer is not bound by the terms of the
employment to pay to the worker, nor, in the case of a worker who, during the period of employment, 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), any sick pay or pay in respect of any such service or training received by the worker in respect of every complete week of inability to work or training.
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52 week history not required
Using the leave calendar
