1988 Ed.]
[CAP. 57
57
Payment of annual leave pay
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.
Rate of annual leave pay
41C. (1) Annual leave pay shall, subject to subsection (2), be a sum equivalent to the wages which the employee would have earned if he had worked every day during the period of annual leave. (Amended, 11 of 1979, s. 3)
(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 wage earned by the employee, and for the purposes of this subsection the average daily wage shall be the average of the daily wages earned by the employee on each day on which he worked during every complete wage period, comprising not less than 28 days and not more than 31 days, immediately preceding or expiring on the first day of the annual leave or on the day on which the contract of employment terminates, as the case may be.
(Amended, 48 of 1984, s. 20)
Annual leave pay on termination
41D. (1) Where an employee's contract of employment terminates or is terminated 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 immediately 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 3 months or more but less than 12 months, and the contract terminates or 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.
(Amended, 11 of 1979, s. 4)
Restriction on pay in lieu of leave
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.
1988 Ed.]
Employment
[CAP. 57
57
Payment of annual leave pay
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.
Rate of annual leave pay
41C. (1) Annual leave pay shall, subject to subsection (2), be a sum equivalent to the wages which the employee would have earned if he had worked every day during the period of annual leave. (Amended, 11 of 1979, s. 3)
(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 wage earned by the employee, and for the purposes of this subsection the average daily wage shall be the average of the daily wages earned by the employee on each day on which he worked during every complete wage period, comprising not less than 28 days and not more than 31 days, immediately preceding or expiring on the first day of the annual leave or on the day on which the contract of employment terminates, as the case may be.
(Amended, 48 of 1984, s. 20)
Annual leave pay on termination
41D. (1) Where an employee's contract of employment terminates or is terminated 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 immediately following the day of termination.
(2) Where, under a continuous contract, an employee's period of employ- ment, not being a perfod in respect of which he is entitled to or has been granted 7 days' annual leave is 3 months or more but less than 12 months, and the contract terminates or 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.
{Amended, 11 of 1979, s. 4)
Restriction on pay in lieu of leave
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.
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