CAP. 287, SHOPS ACT BELIZE
SHOPS ACT
CHAPTER 287
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
SHOPS ACT 6
Amendments in force as at 31st December, 2000.
BELIZE
SHOPS ACT
CHAPTER 287
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
SHOPS ACT 6
Amendments in force as at 31st December, 2000.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000
Printed by the Government Printer,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Shops [CAP. 287
[ ]
3
CHAPTER 287
SHOPS
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Interpretation.
PART II
Employment of Shop Assistants
3. Age of shop assistant.
4. Restriction on working hours.
5. Overtime employment.
6. Overtime rates.
7. Part-time employment.
PART III
Hours of Opening and Closing
8. Hours of opening and closing.
9. Sales on Sundays, etc.
10. When penalty not to be invoked.
11. Christmas period, opening and employment.
PART IV
Annual Holidays
12. Holidays.
13. Absence from work.
14. Public holidays.
15. Termination of employment.
16. Failure to arrange for holidays.
PART V
Miscellaneous
17. Seating and sanitary accommodation.
18. Different shops.
19. Places other than shops.
20. Liability of occupier.
21. Onus of proof in certain cases.
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No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
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22. Employment in two or more shops.
23. Enforcement.
24. Entry on premises.
25. Name and address of person found on shop premises to be given to
certain officers.
26. Notice of “opening hours.”
27. Records.
28. False entries in registers.
29. Rules.
30. Contracting out.
31. Penalties.
32. Application and saving.
33. In case of inconsistency, etc., Labour Act to apply.
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
CHAPTER 287
SHOPS
[10th October, 1959]
PART I
Preliminary
1. This Act may be cited as the Shops Act.
2. In this Act, unless the context otherwise requires:-
“Christmas period” means the nine working days immediately preceding
Christmas Day;
“Labour Commissioner” means the person for the time being in charge of the
Labour Department;
“member of the occupier’s family” means the occupier’s child, father, mother,
brother, sister, wife or husband (as the case may be) and includes any person
who is maintained by, and resides with, the occupier;
“occupier” means the owner of the business carried on in any shop, and in-
cludes any person for the time being having immediate control over any shop;
“public holiday” has the same meaning as it has in the Holidays Act.
“shop” includes any building or portion of building premises or place where
any wholesale or retail trade or business is carried on or transacted and includes
any premises in which the business of a barber or hairdresser is carried on:
10 of 1959.
40 of 1963.
2 of 1964.
1 of 1979.
42 of 1999.
Short title.
Interpretation.
CAP. 289.
CAP. 231,
R.E. 1980-1990.
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No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
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Provided that the term “shop” shall not include a factory, a public market or
a bazaar, or any public entertainment or performance lawfully held for chari-
table, religious or public purposes and not for private gain;
“shop assistant” means any person, other than a member of the occupier’s
family, wholly or mainly employed in or about a shop in connection with the
service of customers or the receipt of orders or moneys or the receipt or dis-
patch of goods and includes apprentices, learners and clerical workers em-
ployed wholly or mainly in connection with the service of customers:
Provided that no person employed solely as a caretaker, watchman,
craftsman, or domestic servant, other than a servant engaged in the catering
trade, shall be regarded as a shop assistant for the purposes of this Act;
“week” means the period between midnight on Saturday night and midnight on
the succeeding Saturday night.
PART II
Employment of Shop Assistants
3.-(1) No person under the age of fourteen years shall be employed in or
about any shop.
(2) Any person acting in contravention of this section commits an offence.
4.-(1) Except as is otherwise provided in this Act, no occupier shall employ a
shop assistant in or about a shop:-
(a) on Sundays and public holidays; or
(b) for a period exceeding eight hours in any day, or forty-five
hours in the aggregate in any week; or
Age of shop
assistant.
Restriction on
working hours.
(c) for more than six days in any week; or
(d) continuously for more than five hours without an interval from
work of at least one hour; or
(e) in contravention of subsection (3):
Provided that this subsection shall not apply during the Christmas period
when shop assistants may be employed in accordance with the provisions of
section 11.
(2) Paragraph (a) of subsection (1) shall not apply to a shop assistant
employed in or about a shop referred to in section 8 (2) (d) and (e).
(3) The Minister shall by Order published in the Gazette specify two
week days for each town or area to which this Act applies, and a shop assis-
tant, who has been employed in or about a shop on the first named of such
days after half-past one o’clock in the afternoon, shall not in the same week
be so employed after that hour on the second named of such days.
(4) Any occupier who fails to comply with this section commits an of-
fence.
5.-(1) Notwithstanding section 4 (1) (a) and (b) and (3), a shop assistant
may be employed in or about a shop-
(a) on a Sunday or a public holiday for a period not exceeding
eight hours;
(b) after half-past one o’clock on a day specified under section 4
(3) for a period not exceeding four hours, notwithstanding
that he has already been employed in the same week after
that hour on the other of such specified days; and
40 of 1963.
Overtime
employment.
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Belmopan, by the authority of
the Government of Belize.
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(c) on any other day of the week for more than eight hours but not
exceeding ten hours:
Provided that additional employment under paragraph (b) and (c) of this
subsection-
(i) shall not exceed twelve hours in the aggregate in any
week; and
(ii) in the case of female shop assistants and persons under
the age of eighteen years, shall not exceed twenty-four
hours in the aggregate in any month; and
(iii) shall not permit a shop assistant to be employed for
more than six days in any week.
(2) Any shop assistant employed for additional periods in accordance with
the provisions of subsection (1) shall be deemed to have been employed beyond
his normal working hours, and shall be paid for such employment at the overtime
rates contained in section 6:
Provided that a shop assistant who is employed in or about a shop referred
to in section 8 (2) (d) and (e), on a Sunday or on a public holiday shall not be
deemed to have been employed beyond his normal working hours, unless he
has been employed for more than eight hours on such a day, or for more than
forty-five hours in the same week.
(3) Where a shop assistant has been employed in or about a shop on any
day for more than six hours before seven o’clock in the evening of that day,
such a shop assistant shall not be further employed on that day after seven
o’clock in the evening, unless he is paid for such further employment at the rates
contained in section 6.
(4) Any additional sum paid in accordance with subsection (3) shall n o t
be taken into account in determining the normal hourly rate of a shop assistant
under section 6 (2).
6.-(1) Every shop assistant shall be paid, for all overtime worked by him, in
addition to his normal wages, a sum equal to half as much again as his normal
hourly rate of wages, for each hour or part of an hour of overtime worked by
him. Such rate shall not be less than ninety-four cents per hour.
(2) The normal hourly rate of wages of a shop assistant shall be determined
as follows:-
(a) if the shop assistant is paid a weekly wage, by dividing such
wage by his normal weekly hours;
(b) if the shop assistant is paid a monthly wage, by multiplying
such monthly wage by twelve and dividing the product by
fifty-two and again by his normal weekly hours.
(3) Non-payment for overtime to any shop assistant shall be an offence
against this Act.
7.-(1) An occupier may employ a part-time shop assistant in or about a
shop-
(a) after half-past one o’clock in the afternoon on any of the
weekdays specified under section 4 (3); and
(b) between the hours of seven o’clock and ten o’clock in the
evening of every day of the week (except on Sundays and
on public holidays):
Provided that a part-time shop assistant shall not be so employed if he has,
to the knowledge of the occupier, been previously employed during the same
Overtime rates.
1 of 1979.
1 of 1979.
Part-time
employment.
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No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
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week in another shop.
(2) Such part-time employment shall not exceed eighteen hours in any
week.
(3) A rate of not less than ninety-four cents per hour shall be paid to every
part-time shop assistant employed in accordance with paragraph (b) of
subsection (1).
(4) For the purposes of this section, a part-time shop assistant means a
shop assistant who is not employed in or about a shop for more than eighteen
hours in any week.
(5) Paragraphs (a) and (b) of subsection (1) shall not apply to part-time
shop assistants employed in or about the premises referred to in section 8 (2).
(6) Any occupier who-
(a) employs a part-time shop assistant knowing him to have been
previously employed during the same week in another shop; or
(b) employs a part-time shop assistant otherwise than in accord-
ance with the provisions of this section,
commits an offence.
PART III
Hours of Opening and Closing
8.-(1) Save as otherwise provided in this Act, no shop shall be open for the
serving of customers except between the hours of six o’clock in the morning
and nine o’clock in the evening on any one day:
1 of 1979.
1 of 1979.
Hours of
opening and
closing.
2 of 1964.
Provided that nothing in this section shall prevent the serving, within half an
hour after the closing hour, of any customer who was in a shop before the
closing hour.
(2) Nothing in this section shall extend to-
(a) an hotel or a boarding house; or
(b) premises licenced under the Intoxicating Liquor Licensing Act:
Provided that only liquor or spirituous liquors, as defined in
that Act, are offered for sale therein; or
(c) the premises of a club registered under the Clubs
(Registration) Act; or
(d) any shop that is kept open solely for the purpose of the sale
of-
(i) medicines or drugs or medical or surgical
appliances; or
(ii) motor spirits and lubricants by retail; or
(iii) refreshment for consumption on the premises, food
cooked on the premises, bread and cakes, fresh meat,
fresh fish, fresh fruit, fresh vegetables, milk, eggs, ice,
ices, ice cream, all kinds of non-alcoholic drinks,
shaved or crushed ice with syrup or flavouring,
confectionery, sweets, peanuts, cigarettes, cigars,
tobacco and matches; or
(iv) any newspaper or periodical;
CAP. 150.
CAP. 312.
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Belmopan, by the authority of
the Government of Belize.
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(e) barbers’ shops and hairdressers’ shops.
(3) Any person who contravenes the provisions of this section commits an
offence.
9.-(1) No shop shall be open for the serving of customers-
(a) on Sundays, except the premises referred to in section 8 (2)
(a), (c) and (d), and up to noon, the premises referred to in
section 8 (2) (e);
(b) on any public or bank holiday after nine o’clock in the
morning, except the premises referred to in section 8 (2).
(2) Nothing in this section shall affect the provisions of the Intoxicating
Liquor Licensing Act.
(3) Any person who contravenes this section commits an offence.
10. Nothing in section 8 (1) or in section 9 shall render any person liable to
any penalty for selling-
(a) any article required for immediate use by reason of any
emergency arising from sickness, ailment or death of any person
or animal; or
(b) goods of any description required for the use of any ship or
aircraft about to leave Belize:
Provided that the seller thereof has reasonable grounds for believing such
articles or goods to be required for any of the purposes in this section men-
tioned.
Sales on
Sundays, etc.
CAP. 150.
When penalty
not to be
invoked.
11. Notwithstanding sections 4, 5, 6, 7, 8 and 9, the hours of opening and
closing of shops and the hours of employment of shop assistants, during the
Christmas period may be varied in accordance with the provisions of the First
Schedule.
PART IV
Annual Holidays
12. Every shop assistant shall be granted not less than two weeks holiday
on full pay in respect of each completed year of service.
13. Time spent by any shop assistant in absence from his employment
without the consent of his employer shall not be counted when any completed
period of service is calculated:
Provided that time spent by any shop assistant in absence from his
employment through-
(a) illness (not exceeding sixteen working days in any year of
service), certified by a registered medical practitioner to
necessitate absence from work;
(b) accident for which compensation is payable under the
Workmen’s Compensation Act or any Act amending or
replacing such Act; and
(c) service on any jury,
shall be counted when any such completed period of service is calculated.
14. Where any public holiday occurs during any period of annual holiday
taken by a shop assistant, the period of the holiday shall be increased by one
day in respect of each such public holiday.
Christmas period,
opening and
employment.
First Schedule.
Holidays.
1 of 1979.
Absence from
work.
1 of 1979.
CAP. 303.
Public holidays.
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Belmopan, by the authority of
the Government of Belize.
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15. Any shop assistant whose service is terminated for any reason shall
be paid one-sixth of his weekly wages for every month of service completed
either-
(a) since the completion of the last annual holiday; or
(b) since his engagement in that shop, if he has not completed a
year of service.
16. The occupier of any shop who refuses, neglects, or omits to make
proper arrangements for the carrying out of the provisions of this Part or to pay
any money due hereunder, whereby a breach of the said provisions is occa-
sioned, commits an offence.
PART V
Miscellaneous
17.-(1) The occupier of every shop in which female shop assistants are employed
shall at all times provide and keep-
(a) chairs or other suitable accommodation behind the counter or
in such other position as may be suitable for the purpose for the
sole use of such female shop assistants in the proportion of not
less than one chair or other seating accommodation to every
three females employed and shall permit them to make use of
such chairs or other seating accommodation when they are not
necessarily engaged in the work or duty for which they are
employed; and
(b) sufficient and suitable accommodation in the way of sanitary
conveniences, regard being had to the number of females
employed in the shop.
Termination of
employment.
Failure to
arrange for
holidays.
Seating and
sanitary
accommodation.
(2) Every occupier of any shop who fails to comply with this section com-
mits an offence.
18.-(1) Where in any shop different trades or businesses are conducted for
which different hours of opening and closing are prescribed, such shop shall
be opened at the latest hour and closed at the earliest hour prescribed for any
such trade or business unless some means are provided, to the satisfaction of
the Commissioner of Police, for the permanent partition or division of the
premises into separate and distinct shops for each such trade and business
being carried on therein so as to ensure the effective closing, in accordance
with the provisions of this Act, of each of the said divisions of the whole pre-
mises used in carrying on each of such trades or business at the proper time.
(2) Where, under subsection (1) or under any other provision of this Act,
a shop is authorised to be kept open for the purposes of certain transactions
alone, no person shall sell or purchase, or cause to be sold or purchased, any
article other than one for the sale of which the shop is authorised to be kept
open.
(3) Every person who contravenes subsection (2) commits an offence
and shall be liable on summary conviction to a fine not exceeding two hundred
dollars.
19.-(1) No person, other than a licensed pedlar or a pedlar who is not required
by law to be licensed, shall sell or attempt to sell any goods at any time when
it is not lawful for a shop to be open for the serving of customers with goods of
a like description.
(2) Any person who contravenes subsection (1) commits an offence and
any goods in respect of which there is reason to believe that an offence has
been committed may be seized by a police officer and such goods shall be
liable to forfeiture and, if forfeited, shall be disposed of as the court may direct.
20. The occupier of a shop shall be liable for a breach of the provisions
Different shops.
Places other than
shops.
Liability of
occupier.
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Belmopan, by the authority of
the Government of Belize.
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of this Act by any member of his family or by any person employed by him or
over whom he has control or for whom he is responsible or who acts for him
or on his behalf.
21. In any prosecution against the occupier of a shop for the breach of any
of the provisions of this Act relating to shop assistants, if the occupier claims
that the person alleged to be a shop assistant is not a shop assistant, the onus of
proving that such person is not a shop assistant shall be on the occupier of the
shop.
22. Every occupier who knowingly employs a shop assistant who is
employed in any other shop, so that the combined periods of such employment
exceed the total working hours allowed by this Act or by any rule made there-
under, commits an offence.
23.-(1) The Commissioner of Police shall enforce or cause to be enforced the
provisions of this Act relating to the hours of opening and closing of shops and
prohibited sales.
(2) The Director of Health Services appointed under the Public Health
Act shall enforce or cause to be enforced the provisions of section 17 (which
relate to sanitary accommodation) and any Health Officer or other officer or
person employed for the purpose of carrying out the provisions of this Act shall
for the purposes of his powers and duties have, in relation to shops, all the
powers conferred on such officers by section 205 of that Act.
(3) The Labour Commissioner shall enforce or cause to be enforced the
provisions of this Act relating to shop assistants and their hours of work and
any labour inspector may appear as a prosecutor for and on behalf of the
Labour Commissioner.
24.-(1) The Labour Commissioner or any labour inspector or any police officer
may, for the purpose of preventing or detecting any violation of the provisions
of this Act or the rules made thereunder, at all times enter on any premises used
Onus of proof in
certain cases.
Employment in
two or more
shops.
Enforcement.
CAP. 40.
Entry on
premises.
as a shop within the meaning of this Act.
(2) Every person who refuses or fails to admit or wilfully obstructs the
entry of the Labour Commissioner, any labour inspector or any police officer
commits an offence.
25.-(1) The Labour Commissioner or any labour inspector or any police officer
may demand the name and address of any person found in any shop during the
period during which it is required to be closed, and, if he has reasonable ground
to suppose that the name or address given is false, may require evidence of the
correctness of such name and address, and if such person fails upon such
demand to give his name or address, or evidence of the correctness of the
name or address so given, a member of the Belize Police Department may
apprehend him without warrant, and carry him as soon as practicable before
a magistrate.
(2) Any person required by the Labour Commissioner or any labour
inspector or any police officer under this section to give his name and address,
who fails to give the same, or gives a false name or address, or gives false
evidence with respect to such name or address, commits an offence and is
liable on summary conviction to a fine not exceeding one hundred dollars.
26.-(1) The occupier of every shop carrying on business shall, on the com-
mencement of business, affix and keep in or on such shop in a conspicuous
place, so as to be visible to the public at all times, a notice specifying the hours
of opening and the hours of closing of such shop on every business day.
(2) Any occupier who fails or neglects to comply with the requirements of
subsection (1) above commits an offence and shall be liable on summary con-
viction to a fine of five hundred dollars or to imprisonment for a period not
exceeding one month.
27.-(1) The occupier of every shop shall exhibit or cause to be exhibited, in
such a manner that it may be readily seen and read by every shop assistant
Name and
address of person
found on shop
premises to be
given to certain
officers.
Notice of “open-
ing hours.”
42 of 1999.
Records.
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Belmopan, by the authority of
the Government of Belize.
Shops [CAP. 287
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employed in the shop, a notice showing in a manner satisfactory to the Labour
Commissioner, the working hours of every such shop assistant.
(2) The occupier of every shop shall keep or cause to be kept an “Over-
time Register” in which shall be recorded, in respect of every shop assistant
employed in the shop, the details specified in the Second Schedule.
(3) The occupier of every shop shall keep or cause to be kept an “Annual
Holidays Register”, in which shall be recorded, in respect of every shop assis-
tant employed in the shop, the details specified in the Third Schedule.
(4) The occupier of every shop shall keep a “Register of Hours of Work”
and shall ensure that each shop assistant daily records therein the time at which
he commences to work and the time at which he ceases to work.
(5) The occupier shall keep the Overtime Register and Annual Holidays
Register up to date, shall keep them on the premises of the shop and shall
produce them on request for inspection by the Labour Commissioner or any
labour inspector.
(6) Any occupier who fails or neglects to comply with the provisions of this
section commits an offence.
28. Any person who, with intent to deceive, makes or causes or allows to
be made in any Register or notice specified in section 27 an entry which is to his
knowledge false in any material particular or wilfully omits or causes or allows
to be omitted from any such Register or notice an entry required to be made
therein commits an offence.
29.-(1) The Minister may make rules-
(a) varying from time to time for specified periods or for any
particular occasion or occasions the number of working hours
of shop assistants or the hours of opening or closing of all or
Second
Schedule.
Third Schedule.
2 of 1964.
False entries in
registers.
Rules.
40 of 1963.
any shops as prescribed by this Act;
(b) altering or amending the Second and the Third Schedules to
this Act; and
(c) generally for carrying the purposes or provisions of this Act
into effect.
(2) All rules made under this Act shall be subject to negative resolution.
30. Any contract or agreement, whether made before or after the coming
into force of this Act, whereby the rights under this Act of any person employed
in any shop are in any way modified or affected or whereby any liability imposed
by this Act on the occupier of any shop is in any way modified or reduced,
shall be void and of no effect in so far as it purports to affect or modify any
such rights or to remove or to reduce any such liability.
31.-(1) Every person who commits an offence against this Act for which no
penalty is expressly provided, commits an offence and liable to a fine not
exceeding two hundred and fifty dollars to be recovered on summary convic-
tion on the complaint of any person.
(2) Any complaint under this Act shall be preferred within six months of
the commission of the offence complained of.
(3)Where a person has been convicted under this Act for neglecting or
refusing to pay any money due from him to a shop assistant, the court may in
addition to any other penalty, adjudge that person to pay such sum as in the
opinion of the court represents the amount due to the shop assistant and the
amount so awarded shall be regarded and dealt with in all respects as if it were
a judgement of a district court under the District Courts (Procedure) Act.
32.-(1) The provisions of this Act and any subsidiary legislation made hereun-
der shall apply to shops in all the areas of Belize.
Second and Third
Schedules.
Contracting out.
Penalties.
Application and
saving.
CAP. 97.
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Belmopan, by the authority of
the Government of Belize.
Shops [CAP. 287
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(2) The Shop Assistants (Weekly Half-Holiday) Order, 1949, and the Shop
Assistants (Weekly Half-Holiday) (Amendment) Order, 1949, shall be deemed
to have been made under section 4 (2), and shall continue in force until other
provision shall be made under this Act.
33. Without prejudice to the powers conferred upon the Labour Commis-
sioner pursuant to section 23 (3) above, if there is any inconsistency between
the provisions of this Act and the provisions of the Labour Act relating to shop
assistants, their hours of work and other conditions of service, or where this
Act is silent in respect of any related labour matters, the provisions of the Labour
Act shall apply.
S.I. 36/49.
S.I. 55/49.
In case of
inconsistency,
etc., Labour Act
to apply.
CAP. 297.
CAP. 297.
FIRST SCHEDULE
[Section 11]
Hours of Opening and Employment During The
Christmas Period
1. Variation of opening hours:
All shops may be kept open for the serving of customers between the hours of
six o’clock in the morning and ten o’clock in the evening during the Christmas
period except on a Sunday.
2. Variation of hours of employment:
A shop assistant may be employed in any shop during the hours between
which shops may be kept open as mentioned in paragraph 1 provided that-
(a) no shop assistant shall be employed continuously for more
than five hours without an interval from work of at least one
hour;
(b) if any shop assistant is employed in excess of eight hours a
day or forty-five hours a week he shall be paid overtime in
respect of each hour or part of an hour during which he is so
employed;
(c) if any shop assistant is employed after 1.30 p.m. on the second
of the two week days specified under the provisions of section
4 (2) and such assistant has already been employed in that
week on the first of such week days so specified he shall be
paid overtime in respect of each hour or part of an hour dur-
ing which he is so employed on such second week day.
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No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Shops [CAP. 287
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3. Overtime:
Overtime shall be paid at the rate specified in section 7 (3). The hourly rate of
wages shall be calculated in accordance with section 7 (4).
SECOND SCHEDULE
[Section 27 (2)]
The Overtime Register shall show the following details in respect of every shop
assistant-
(a) name and address;
(b) normal daily and weekly hours of work;
(c) rate of remuneration;
(d) date, time and duration of any work done in overtime;
(e) payment made for any work done in overtime; and
(f) signature of shop assistant.
THIRD SCHEDULE
[Section 27 (3)]
The Annual Holidays Register shall be kept in the form and shall show in
respect of every shop assistant the details set out below-
REGISTER OF HOLIDAYS
Record of Holidays with Pay, 20......
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