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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 4 Meaning of term "ordinary pay"
In Plain English
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An employee's ordinary pay is generally the amount they receive each week exclusive of overtime. -
If you provide board or lodging it includes the cash value of the board or lodging. -
If your employee does not work regular hours you can negotiate with them what is their ordinary pay.
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Legislation
4.1 For the purposes of this Act, the term "ordinary pay", in relation to any worker, means the remuneration for the worker's normal weekly number of hours of work
calculated at the ordinary time rate of pay, and, where the worker is provided with board or lodging by his employer, includes the cash value of that board or lodging as determined under section 5 of this Act.
[ 4.2 For the purposes of subsection (1) of this section, where (a) No ordinary time rate of pay is fixed for any worker's work under
the terms of the worker's employment; or (b) No normal weekly number of hours of work is fixed for any worker under the terms of the worker's employment,
the rate or number, as the case may be, shall be such as is agreed by the employer and the worker, or, failing such agreement, such as is determined by a Labour Inspector.]
Cf. 1944, No. 5, s. 2; 1974, No. 149, s. 2 Subs. (2) was substituted for the original subs. (2) by s. 3 of the Holidays Amendment Act 1991.
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52 week history not required
Using the leave calendar
