Holidays with Pay Act 1938
| Jurisdiction | UK Non-devolved |
| Citation | 1938 c. 70 |
Holidays with Pay Act, 1938
(1 & 2 Geo. 6.) 70.
An Act to enable wage regulating authorities to make provision for holidays and holiday remuneration for workers whose wages they regulate, and to enable the Minister of Labour to assist voluntary schemes for securing holidays with pay for workers in any industry.
[29th July 1938]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Holidays.
(1) Subject to the provisions of this Act, a wage regulating authority may direct that any workers for whom a minimum rate of wages or statutory remuneration is being or has been fixed by them shall be entitled to be allowed holidays of such duration as may be directed by the authority.
(2) Any direction given under this section shall provide for the duration of any holiday which an employer is thereby required to allow to a worker being related to the duration of the period for which the worker shall have been employed or engaged to be employed by him, and, subject as aforesaid, any such direction may make provision as to the times at which or the periods within which, and the circumstances in which, any such holiday shall be allowed:
Provided that no such direction shall provide for a worker whose rates of wages are fixed under the Trade Boards Acts, 1909 and 1918, the Agricultural Wages (Regulation) Act, 1924 , or the Agricultural Wages (Regulation) (Scotland) Act, 1937 , being entitled to be allowed holidays for periods exceeding in the aggregate one week in any period of twelve months, or, in the case of a worker whose rates of wages are fixed under the said Act of 1924 or the said Act of 1937, to be allowed holidays of continuous periods exceeding three consecutive days.
(3) For the purposes of the last foregoing subsection, the expression ‘week’ means, in relation to any worker whose rates of wages are fixed under the said Act of 1924 or the said Act of 1937 a period of seven days, and in relation to any other worker such period as may be determined by the wage regulating authority to be his normal working week.
(4) The holidays which a worker is entitled to be allowed in pursuance of any direction given under this section shall, unless the direction otherwise provides, be in addition to any holidays or half-holidays to which he may be entitled under any other enactment.
(5) If any employer who is required in pursuance of a direction given under this section to allow to a worker a holiday of any duration fails to allow to him a holiday of that duration, the employer shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds.
(6) All fines imposed under this section in respect of contraventions of a direction given by the Road Haulage Central Wages Board shall be dealt with in like manner as fines imposed in respect of offences under the Road Haulage Wages Act, 1938 .
2 Holiday remuneration.
(1) Where a wage regulating authority in exercise of the powers conferred by this Act direct that any workers shall be entitled to be allowed holidays, the authority shall make provision for securing that the workers shall receive pay in respect of the period of the holiday, and, without prejudice to any other power of a wage regulating authority in that behalf, the power of any Trade Board or Agricultural Wages Committee to fix minimum rates of wages for any workers shall include power to fix separate minimum rates of wages to be paid to those workers by way of pay in respect of such holidays and, subject to the provisions of any regulations made under this Act, references in the Trade Boards Acts, 1909 and 1918, the Agricultural Wages (Regulation) Act, 1924, and the Agricultural Wages (Regulation) (Scotland) Act, 1937, respectively, to minimum rates of wages shall be construed accordingly.
(2) Any holiday remuneration (whether fixed as aforesaid or fixed by the Road Haulage Central Wages Board) shall accrue, and shall become payable, respectively, at such times and subject to such conditions as may be directed by the wage regulating authority, and, notwithstanding the...
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