Holidays With Pay Act

Link to law: http://www.moj.gov.jm/laws/holidays-pay-act
Published: 1947-03-27

HOLIDAYS WITH PAY

THE HOLIDAYS WITH PAY ACT

ARRANGEMENT OF SECTIONS

1 . Short title.

2. Interpretation.

3 . Power to provide for holidays with pay, sick leave, gratuities and
sick benefit in any occupation.

4. Provisions relating to workers other than casual workers.

5. Provisions relating to casual workers.

6. Appointment of Advisory Boards.

7. No power to contract out of Act.

8. Records to be kept.

9. Offences.

10. Offence by agent.

10A. Jurisdiction of Resident Magistrates' Courts.

10B. Power of Minister to vary jurisdictional levels of Resident Magistrates'
Courts.

1 1. Regulations.

12. Power of Minister to vary fines.

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HOLIDA YS WITH PA Y 3

THE HOLIDAYS WITH PAY ACT Cap. 149.
Law

42 of 1954.
Acts

[27th March, 1947.1 2:2:::l;

1. This Act may be cited as the Holidays with Pay Act. Short title.

2.-(1) In this Act unless the context otherwise requires- Interpreta-
tion.
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"casual worker" means any worker who is employed- S. 2.
4211954

(a) from day to day; or s. 3(a).

(b) for the performance of a particular task which
normally cannot be performed in less than one
working day;

"holiday remuneration" means the amount of remuneration 4211954
payable to a worker during any holidays with pay to S. 9.

which he may be entitled under any order;

"Labour Officer" means a Labour Officer as defined in the
Labour Officers (Powers) Act;

"occupation" means-

(a) any trade, industry, undertaking or business; or

(b) any other activity, whether of a commercial nature
or not;

"order" means an order made under section 3; 4211954
S. 3 (b).

"worker's earnings" means the regular amounts paid by an
employer to a worker in respect of the worker's services,
but does not include any amount paid in respect of
overtime work or by way of bonus unless any payments
by way of bonus form part of such regular amounts.

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HOLIDAYS WITH PAY

Power to
provide for
holidays
with pay,
sick leave,
gratuities
and sick
benefit in
any occupa-
tion.
4211954
S. 4.

Provisions
relating to
workers
other than
casual
workers.

3. Subject to the provisions of this Act, the Minister may
by order direct that workers, including casual workers, in
any occupation shall be entitled to be allowed such holi-
days with pay, such sick leave with pay, such gratuities
and such sick benefit as may be determined in such
order.

4.-(1) Any order relating to workers other than casual
workers may make provision for the conditions on which,
and the time at or the periods within which, any holiday
with pay to which the worker is entitled shall be allowed and
for. the conditions on which and the period for which the
wofker shall be entitled to sick leave with pay, and shall
make provision for the duration of, and the minimum
holiday remuneration payable during, any such holiday, and
shall make provision for the duration of, and the mini-
mum remuneration payable during, any period of sick
leave.

(2) The provision in any order in respect of-

(a) the duration of the holiday with pay and the dura-
tion of the sick leave with pay, shall be related to
the duration of the period for which the worker
has been employed or is engaged to be employed;

(6 ) the minimum holiday remuneration and the minimum
remuneration payable during sick leave, shall be
related to the worker's earnings during such period
prior to the date of the commencement of the holiday
with pay or sick leave with pay, as the case may
be, as may be specified in the order.

(3) An order may specify and define the occupa-
tion to which it applies, and may be applicable either

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HOLIDAYS WlTH PAY 5

generally to all such occupations or specially to such
occupations as may be within a specified area.

(4) The holidays and the sick leave to which a worker
is entitled to be allowed under any order shall, unless such
order otherwise provides, be in addition to any holidays or
half-holidays to which the worker may be entitled under
any other law.

5 .41 ) An order may provide that casual workers or provisions
relating to any category of casual workers specified in such order in casual

the occupation to which such order relates, shall be entitled :$;%
to be paid such gratuities as may be determined in such S. 4.
order.

(2) Any provision under subsection (1) in any order
may specify the conditions on which and the time at or
the period in respect of which any gratuity to which any
casual worker is entitled shall be paid and shall specify the
minimum gratuity payable under such order to any casual
worker in the occupation to which the order applies.

(3) Any provision under this section in any order in
respect of the amount of the gratuity payable to any casual
worker shall be related-

(a) to the earnings paid to the worker in the capacity
of a casual worker by the employer by whom the
gratuity is payable during such period prior to
the date of the payment of the gratuity as may be
specified in the order; and

(6) to the number of days on which such worker has
been employed in the capacity of a casual worker
by such employer during such period.

(4) Any gratuity payabIe to any worker by virtue of
any provision under this section in any order shall, unless

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6 HOLIDAYS WITH PAY

such order otherwise provides, be in addition to any
gratuity payable to the worker under any other law and
shall be in addition to any sick benefit payable to the
worker under the succeeding provisions of this section.

(5) Any order which contains provision under the
foregoing provisions of this section for the payment to
casual workers in any occupation of gratuities may also
contain provision for the payment to such casual workers of
sick benefit.

(6) Any provision under subsection (5) in any order
may specify the conditions on which and the time at or the
period in respect of which any sick benefit to which any
casual worker is entitled shall be paid and shall specify the
minimum sick benefit payable under such order to any
casual worker in the occupation to which the order applies.

(7) Any provision under this section in any order in
respect of the amount of sick benefit payable to any
casual worker shall be related-

(a) to the earnings paid to the worker in the capacity
of a casual worker by the employer by whom the
sick benefit is payable during such period prior to
the date of payment of the sick benefit as may be
specified in the order; and

(b ) to the number of days on which such worker has
been employed in the capacity of a casual worker
by such employer during such period.

(8) Any sick benefit payable to any worker by virtue
of any provision under this section in any order shall,
unless such order otherwise provides, be in addition to any
sick benefit payable to the worker under any law and shall
be in addition to any gratuity payable to the worker under
this Act.

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HOLIDA YS WITH PA Y 7

6.-41) Subject to the provisions of this Act the Minister Appoint-
ment of may, where he considers it advisable, appoint Advisory Boards A,,isory

to make recommendations in relation to the grant of holi- Boards.
511963 days with pay, sick leave with pay, gratuities and sick benefit s,2,

to workers in such occupations as he may specify in respect
of each Advisory Board.

'@ (2) Where any Advisory Board has been appointed under
the Minimum Wage Act,. such Board shall have power to
include in its report recommendations relating to holidays
with pay and to sick leave with pay for workers other than 4211954
casual workers and to gratuities and sick benefit for casual S 5(b).

workers in the occupation in relation to which the Board was
appointed.

7. Any provision in an agreement between any employer ~ o p o w e r
to contract and a worker whereby the worker purports to contract him- outofAct,

self out of the provisions of any order made under this Act,
or whereby the worker undertakes to receive any less benefit
than he is entitled to under any such order, shall have no
effect.

8. Where under any order a worker in any occupation is Recordsto
entitled to be allowed any holiday with pay or sick leave with
pay or any gratuity or sick benefit then his employer shall s s . 6 . 9 .
keep such records as may be prescribed.

9. Any employer who- Offences

(a) fails to allow, under and in accordance with the terms 4211954
Ss 7 & 9 of any order, to a worker any holiday with pay or sick

leave with pay or gratuity or sick benefit which such
worker is entitled to be allowed under such order;
or

(b) enters into any contract any of the provisions of which
is of no effect under section 7; or

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8 HOLIDA YS WITH PA Y

(c) fails to keep any records in accordance with the pro-
visions 'of section 8, or knowingly enters, or causes
to be entered, in such records any false or incorrect
fact; or

(4 contravenes the provisions of any regulations made
under?his Act,

shall be guilty of an offence against this Act and liable on
0'

summary conviction before a Resident Magistrate to a fine
1412009 not, exceeding two hundred and fifty thousand dollars
s. 3. or to imprisonment for a term not exceeding three months.

Offence by
agent

1 0 . 4 1 ) Where an offence for which an employer is by
virtue of this Act, or of any regulations made thereunder,
liable to a fine lhas in fact been committed by some agent of
the employer or other person, that agent or other person shall
be liable to be proceeded against for the offence in the
same manner as if he were the employer, and either together
with, before, or after, the conviction of the employer and
shall be liable on conviction to the same punishment as that
to which the employer is liable.

(2) Where the employer who is charged with an offence
against this Act or against any regulations made there-
under proves to the satisfaction of the court that he
has used due diligence to enforce the execution of this Act
and such regulations, and that the offence was in fact
committed by his agent or some other person without his
kriowledge, consent, or connivance, he shall, in the event
of' the conviction of that agent or other person for the
offence, be exempt from any penalty in respect of the
offence.

(3) Where the immediate employer of any worker who
is entitled to be allowed holidays with pay or sick
leave with pay or any gratuity or sick benefit under any
order is himself in the employment of some other person

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HOLIDA YS WITH PA Y

and that worker is employed on the premises of that other
person, that other person shall, for the purpose of the
provisions of this Act relating to the penalty for the failure to
allow such holidays with pay, or sick leave with pay or
any gratuity or sick benefit, be deemed to be an employer of 4211954
the worker jointly with the immediate employer. Ss 8 & 9

i ) 10A. Notwithstanding any provision in any enactment limit- Jurisdiction
of Resldent ing the jurisdiction of the Resident Magistrates' Courts in

relation to claims arising from contract, a Resident Magistrate's courts.
Court shall have jurisdiction, in any action arising from I4l2Oo9

S. 4 . ~
a contract of employment to which this Act applies, where
the amount claimed does not exceed five hundred thousand
dollars.

10B. The Minister may, by order subject to affirmative Powerof
Minister to resolution, vary the monetary jurisdictional levels of the ,,

Resident Magistrates' Courts in relation to claims arising from jurisdictional
a contract of employment to which this Act applies. levels of Resident

Magistrates'
Courts.
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S. 4.

11. The Minister may make regulations generally for giving Regulations
effect to the purposes of this Act and for the better carrying out
of any of the provisions of this Act.

\ 12. The Minister may by order, subject to affirmative Powerof
resolution, vary any fine prescribed by this Act. Minister to vary tines.

1412009

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