Public Holidays Amendment Act 2005
PUBLIC HOLIDAYS AMENDMENT ACT 2005

1

BERMUDA

2005 : 5

PUBLIC HOLIDAYS AMENDMENT ACT 2005

Date of Assent: 24 March 2005

Operative Date: 24 March 2005

WHEREAS it is expedient to amend the Public Holidays Act
1947:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act, which amends the Public Holidays Act 1947 (the
"principal Act"), may be cited as the Public Holidays Amendment Act
2005.

Inserts section 8A in principal Act
2 The principal Act is amended by inserting next after section 8
the following section —

"Rights and duties of employees and employers in respect of
public holiday working
8A (1) An employer shall give an employee who 

PUBLIC HOLIDAYS AMENDMENT ACT 2005

2

(a) is or may be required to work on a public holiday;
and

(b) is not employed to work or has not contracted to
work on a public holiday,

at least seven days notice in writing of his intention to open the
shop on a public holiday or a number of public holidays.

(2) The notice under subsection (1) shall contain a provision
notifying the employee of his right to decline to work on any
public holiday.

(3) An employee who

(a) is or may be required to work on a public holiday;
and

(b) is not employed to work or has not contracted to
work on a public holiday,

shall within seven days of receiving the notice under subsection
(1) notify his employer in writing stating whether he will work on
the given public holidays or not.

(4) The notice given by an employee under subsection (3)
shall be in writing and shall be signed and dated.

(5) No employer or person acting on behalf of an employer
shall subject an employee to any disciplinary action or dismissal;
or select an employee for redundancy where the sole or
predominant ground for the disciplinary action, dismissal or
selection for redundancy arises from the fact that the employee
has given or proposes to give notice under subsection (3) that he
does not agree to work on a public holiday.

(6) The rights and duties conferred by this section are in
addition to, and not in derogation of any other rights and duties
under any Act, law, collective agreement or other agreement.

(7) In this section

"collective agreement" has the meaning assigned to that
expression in section 3 of the Employment Act 2000;

"employee" has the meaning assigned to that expression
in section 4 of the Employment Act 2000;

"employer" has the meaning assigned to that expression
in section 3 of the Employment Act 2000.".

PUBLIC HOLIDAYS AMENDMENT ACT 2005

i