ANNUAL HOLIDAYS ACT 1944 - SECT 5
Special provisions--annual holidays otherwise than under this Act
ANNUAL HOLIDAYS ACT 1944 - SECT 5
Special provisions--annual holidays otherwise than under this Act
5 Special provisions--annual holidays otherwise than under this Act
(1) The following provisions shall apply in every case where provision is made
by an award, agreement or contract of employment for annual holidays or annual
leave for any worker--
(a) where the worker is entitled under such provision
to any benefit that is more favourable to the worker than the benefits
provided by section 3, section 4 or section 4A, as the case may be, that
section shall not apply to the worker,
(b) where the worker is entitled under
any such provision to any benefit that is not more favourable to the worker
than the benefits provided by section 3, section 4 or section 4A, as the case
may be, that section shall apply to the worker and no benefit shall be allowed
to the worker under that provision in respect of any period of employment
after the commencement of this Act in the case of a benefit not more
favourable than that provided by section 3 or section 4 or, after the
commencement of the Annual Holidays (Amendment) Act 1967 , in the case of a
benefit not more favourable than that provided by section 4A.
(2) Where, under any
award or agreement, provision is made for the granting to a worker who is a
seven-day shift worker and is required to work regularly on Sundays and public
holidays of a holiday in addition to that granted to other workers under such
award or agreement or where, under any award or agreement, provision is made
for the payment of a sum of money as an annual holiday loading--
(a) such
additional holiday or such payment, as the case may be, shall not be regarded
as a benefit under that award or agreement for the purposes of subsection (1),
and
(b) the right of the worker to such additional holiday or such payment,
as the case may be, shall not be affected by anything contained in this Act.
