Payment of annual
leave pay.
EMPLOYMENT (AMENDMENT) (NO. 3)
Rate of annual leave
pay.
Annual leave pay on termination.
Restriction on pay in lieu of leave.
Annual leave shutdown.
Ord. No. 53/77
A209
(4) If a rest day falls within the period of 7 consecu- tive days of absence from work specified in subsection (3), it shall be counted as annual leave and another rest day shall be substituted in accordance with section 18(5).
(5) No period of total incapacity for work by reason of sickness or injury occurring during a period of annual leave shall count as part of that annual leave unless it commences after the commencement of the period of annual leave.
41B. Where an employee is granted any period of annual leave, the employer shall pay him annual leave pay in respect of that period not later than the day on which he is next paid his wages after that period.
41C. (1) Annual leave pay shall, subject to subsection (2), be a sum equivalent to the wages, other than overtime pay, which the employee would have earned if he had worked during the period of annual leave.
(2) Where an employee is employed on piece rates or where the wages of an employee vary from day to day, the annual leave pay shall be calculated by reference to the average daily wages earned by the employee on the days which he worked during the period of 28 days preceding the period of annual leave, or the termination of the contract of employment, as the case may be.
41D. (1) Where an employee's contract of employment is terminated under section 9 after completion of a period of 12 months employment under a continuous contract in respect of which he has not been granted 7 days' annual leave, he shall as soon as practicable and in any case not later than 7 days after the day of termination be paid by his employer a sum equal to the annual leave pay that he would have received for that part of his 7 days' annual leave that has not been granted to him if granted imme- diately following the day of termination.
(2) Where, under a continuous contract, an employee's period of employment, not being a period in respect of which he is entitled to or has been granted 7 days' annual leave, is more than 3 but less than 12 months, and the contract is terminated, otherwise than under section 9, for any reason whatsoever including his resignation, he shall as soon as practicable and in any case not later than 7 days after the day of termination be paid by his employer, in addition to any sum due under subsection (1), a sum equal to such proportion of the annual leave pay he would have received for 7 days' annual leave immediately following the day of termination as the number of complete weeks within the period of employment bears to 52.
41E. Save as provided in section 41D, no payment of annual leave pay or other sum may be made in lieu of the grant of annual leave.
41F. (1) Every employer who intends to close down his business or part thereof for the purpose of granting annual leave to any of his employees shall give one month's
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