Ace Payroll: Holidays Act Section 9 Christmas and New Year holidays




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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 9 Christmas and New Year holidays

In Plain English

Christmas Day, Boxing Day, New Year's Day and the day after New Year's Day are never observed on a Saturday or a Sunday.
If they fall on a Saturday or Sunday, they are observed on the next available Monday or Tuesday.

Legislation

9.1 Where Christmas Day and New Year's Day fall on Fridays the following rules shall apply with respect to the construction of the provisions of this [Act or of any other Act or of any employment contract]:

(a) Where provision is made for the granting of a holiday, or the observance of certain hours of labour, or the payment of certain rates of wages on Saturdays, those provisions shall apply without modification on the Saturdays being Boxing Day and the second day of January:

(b) Where provision is made for the granting of a holiday, or the observance of certain hours of labour, or the payment of certain rates of wages on Boxing Day or the second day of January (however those days are described), those provisions shall apply on the next succeeding Monday as if it were Boxing Day or the second day of January, as the case may be.

9.2 Where Christmas Day and New Year's Day fall on Saturdays the following rules shall apply with respect to the construction of the provisions of this [Act or of any other Act or of any employment contract]:

(a) Where provision is made for the granting of a holiday, or the observance of certain hours of labour, or the payment of certain rates of wages on Saturdays, those provisions shall apply without modification on the Saturdays being Christmas Day and New Year's Day:

(b) Where provision is made for the granting of a holiday, or the observance of certain hours of labour, or the payment of certain rates of wages on Sundays, those provisions shall apply without modification on the Sundays being Boxing Day and the second day of January:

(c) Where provision is made for the granting of a holiday, or the observance of certain hours of labour, or the payment of certain rates of wages on Christmas Day or New Year's Day, those provisions shall apply on the next succeeding Monday as if it were Christmas Day or New Year's Day, as the case may be:

(d) Where provision is made for the granting of a holiday, or the observance of certain hours of labour, or the payment of certain rates of wages on Boxing Day or the second day of January (however those days are described), those provisions shall apply on the next succeeding Tuesday as if it were Boxing Day or the second day of January, as the case may be.

9.3 Where Christmas Day and New Year's Day fall on Sundays the following rules shall apply with respect to the construction of the provisions of this [Act or of any other Act or of any employment contract]:

(a) Where provision is made for the granting of a holiday, or the observance of certain hours of labour, or the payment of certain rates of wages on Sunday, those provisions shall apply without modification on the Sundays being Christmas Day and New Year's Day:

(b) Where provision is made for the granting of a holiday, or the observance of certain hours of labour, or the payment of certain rates of wages on Christmas Day or New Year's Day, those provisions shall apply on the next succeeding Monday as if it were Christmas Day or New Year's Day, as the case may be:

(c) Where provision is made for the granting of a holiday, or the observance of certain hours of labour, or the payment of certain rates of wages on Boxing Day or the second day of January (however those days are described), those provisions shall apply on the next succeeding Tuesday as if it were Boxing Day or the second day of January, as the case may be.

[ 9.4 Subsections (1), (2), or (3) of this section shall not apply with respect to the construction, in relation to any worker, of the provisions of any [[employment contract]] relating to dairy factories, if that worker

(a) Actually works on a Saturday or Sunday (being Christmas Day, Boxing Day, New Year's Day, or the second day of January, as the case may be); and

(b) Does not actually work on the day to which the holiday would otherwise have been transferred,

and, in such a case, any provisions of that [[employment contract]] governing the observance by that worker of certain hours of labour or the payment to that worker of certain rates of wages on Christmas Day, Boxing Day, New Year's Day, or the second day of January, as the case may be, shall be construed as applying on the day the holiday falls.

9.5 Where any provisions of any [[employment contract]] (whether made before or after the commencement of this Act) are made in accordance with section 95 (3) of the Industrial Relations Act 1973 and provide specifically for all or any of the circumstances described in subsections (1) to (4) of this section, then, to the extent that those provisions provide for such circumstances, the said subsections (1) to (4) shall not apply.]

Cf. 1955, No. 100, s. 3

In subss. (1), (2), and (3) the words in square brackets were substituted for the words ``or any Act, award, or agreement'' by s. 7 (1) of the Holidays Amendment Act 1991.

Subss. (4) and (5) were added by s. 2 of the Holidays Amendment Act 1983.

In subss. (4) and (5) the words ``employment contract'' were substituted for the words ``award or agreement'' by s. 7 (2) of the Holidays Amendment Act 1991.