Ace Payroll: Holidays Act Section 31 Employers to keep holiday books




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Guide to Holidays Act 1981

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 31 Employers to keep holiday books

In Plain English

The Ace Payroll program and your associated employee data files when used together are all the records required to comply with this section.
You must keep full records for six years.

Legislation

31.1 Every employer shall at all times keep a record (called the holiday book) showing, in the case of each worker employed by him,

(a) The name of the worker:

(b) The date on which his employment actually commenced:

(c) The date of the termination of his employment:

(d) The date on which he has become entitled to each annual holiday:

(e) The dates on which each such holiday is taken:

(f) The amount paid to him in respect of each such holiday:

(g) The amount paid to him in respect of such holidays upon the termination of his employment:

(h) Such other particulars as the Minister may from time to time prescribe by notice in the Gazette.

31.2 The holiday book may be incorporated with any holiday book or wages book that the employer is required to keep under any enactment other than this Act.

31.3 [A Labour Inspector may enter any premises for the purpose of inspecting any holiday book in use for the time being or used within the preceding 6 years, and any such book shall be kept readily available for such inspection:

Provided that, when entering any premises to make such an inspection, the Labour Inspector shall have the same powers and be subject to the same obligations as if the Labour Inspector were making an entry and inspection under the [[Employment Contracts Act 1991]].

31.4 A Labour Inspector may at any time require the employer to verify the entries in the holiday book by statutory declaration or in such other manner and form as the Labour Inspector directs.]

Cf. 1944, No. 5, s. 10

Subss. (3) and (4) were substituted for the original subss. (3) (as amended by s. 4 of the Holidays Amendment Act 1983) and (4) by s. 5 (1) of the Holidays Amendment Act 1990.

In subs. (3) the reference to the Employment Contracts Act 1991 was substituted for a reference to the Labour Relations Act 1987 by s. 19 of the Holidays Amendment Act 1991.