Annual Holidays Amendment Act 1950
Annual Holidays Amendment Act 1950
Annual Holidays Amendment Act 1950
Annual Holidays Amendment Act 1950
Public Act |
1950 No 68 |
|
Date of assent |
1 December 1950 |
|
Contents
An Act to Amend the Annual Holidays Act, 1944.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
1944, No. 5
This Act may be cited as the Annual Holidays Amendment Act, 1950, and shall be read together with and deemed part of the Annual Holidays Act, 1944 (hereinafter referred to as the principal Act).
2 Holiday may be taken in any two periods.
Section three of the principal Act is hereby amended by omitting from the proviso to subsection two the words “of one week each”
.
3 Proportionate holiday pay when premises closed for annual holiday.
1945, No. 20
Section three of the principal Act is hereby amended by inserting, after subsection two a (as inserted by section three of the Annual Holidays Amendment Act, 1945), the following subsection:—
“(2b)
Where it is customary for any employer to allow annual holidays to his workers or to any class of his workers during a period in each year when his premises are closed or the work of those workers is for any reason discontinued, and at the date of the commencement of any such period any such worker has not become entitled to an annual holiday under subsection one of this section, then, subject to any agreement under the proviso to subsection two of this section, the employer may before that date pay to that worker, in addition to all other amounts due to him, an amount equal to one twenty-fifth of his ordinary pay for the period of his employment up to that date, and for the purposes of this Act the next year of his employment shall be deemed to commence on that date:
“Provided that nothing in this subsection shall be deemed to deprive any worker of any right or benefit to which he is entitled under any other Act or under any award or agreement or under his contract of service.”
4 Abolition of holiday cards and stamps.
(1)
Section five of the principal Act is hereby repealed.
(2)
Upon the surrender of a worker’s holiday card at any money order office, or at such other paying office as may be indicated on the card, at any time after the passing of this Act, the person surrendering the card shall be entitled to receive the total amount of the uncancelled stamps affixed to the card under section five of the principal Act before the passing of this Act.
(3)
Every employer who on the passing of this Act holds any unclaimed holiday card on behalf of any worker shall forthwith after the passing of this Act deliver the card to an Inspector of Factories, and the amount of the uncancelled stamps affixed to any such card shall be held on behalf of the worker.
(4)
Section four of the principal Act is hereby amended by adding to subsection two the following proviso:—
“Provided that where the period of employment is less than three weeks the amount to be paid as aforesaid shall be equivalent to one twenty-fifth of the worker’s ordinary pay for the time worked by him during that period of employment.”
(5)
The principal Act is hereby consequentially amended as follows:—
(a)
By repealing the definitions of the terms “holiday card”
and “stamp”
in subsection one of section two:
(b)
By repealing the proviso to subsection one of section four:
(c)
By omitting the words “or section five”
from paragraph (a) of subsection one of section seven, and also from paragraph (b) of that subsection wherever they occur:
(d)
By omitting from subsection two of section seven the words “four, and five”
, and substituting the words “and four”
:
(e)
By omitting from paragraph (g) of subsection one of section ten the words “or the amount for which stamps are affixed to his holiday card”
:
(f)
By repealing section eleven:
(g)
By omitting from paragraph (b) of subsection one of section thirteen the words “or on any holiday card”
:
(h)
By repealing paragraphs (d), (e), (f), and (g) of subsection one of section thirteen.
(6)
The following enactments are hereby consequentially repealed:—
1945, No. 20
(a)
Sections four and six of the Annual Holidays Amendment Act, 1945:
1947, No. 60
(b)
Section five of the Statutes Amendment Act, 1947:
1949, No. 51
(c)
Subsection one of section two of the Statutes Amendment Act, 1949.
5 Annual holidays otherwise than under principal Act.
Section seven of the principal Act is hereby amended as follows:—
(a)
By omitting from paragraph (a) of subsection one the words “more favourable”
, and substituting the words “not less favourable”
:
(b)
By omitting from paragraph (b) of subsection one the words “not more favourable”
, and substituting the words “less favourable”
6 Agricultural workers to receive full board and lodging allowance during holidays.
1936, No. 30
Section fifteen of the Agricultural Workers Act, 1936, is hereby amended by omitting from subsection two the words “not less than one half of”
.