No. 36/1961:

AGRICULTURAL WORKERS (HOLIDAYS) (AMENDMENT) ACT, 1961

ARRANGEMENT OF SECTIONS

1 Interpretation and commencement.

2 Amendment of section 3 of the Act of 1950.

3 Reduction in number of holidays on grant of free days.

4 Short title and collective citation.

AN ACT TO AMEND AND EXTEND THE AGRICULTURAL WORKERS (HOLIDAYS) ACTS, 1950 AND 1952.

[16th August, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act "the Act of 1950" means the Agricultural Workers (Holidays) Act, 1950 .

(2) The Agricultural Workers (Holidays) Acts, 1950 and 1952, and this Act shall be construed together as one Act.

(3) This Act shall come into operation on such day as the Minister may by order appoint.

2.—(1) Section 2 of the Act of 1950 is hereby amended by the substitution of the following subsections for subsections (1) and (2):

"(1) In each year an agricultural employer shall allow to an agricultural worker holidays to the following extent—

( a ) twelve holidays where the worker is continuously employed by him during that year, or

( b ) one holiday in respect of each period of one month's duration during which the worker is continuously employed by him.

(2) ( a ) Where the number of the holidays to which a worker is entitled under this section is three, four, five or six, they shall be allowed on consecutive days.

( b ) Where the number of the holidays to which a worker is entitled under this section is seven, six of them at least shall be allowed on consecutive days.

( c ) Where the number of the holidays to which a worker is entitled under this Act is eight or more and all or all but one of them are. not allowed on consecutive days, they shall be allowed in two groups of consecutive days, one group being of six days at least."

(2) Subsection (6) of section 3 of the Act of 1950 is hereby amended by the substitution of "four days" for "eight days" and the substitution of "one month" for "two months".

(3) Holidays allowed to an agricultural worker under the Act of 1950 in respect of the year 1961 before the commencement of this Act shall be reckoned as holidays in respect of that year for the purposes of this Act

(4) References to the Act of 1950 in any order under section 17 of the Agricultural Wages Act, 1936 , and section 5 of the Act of 1950 fixing minimum rates of holiday remuneration in respect of a holiday under the Act of 1950 shall be construed as references to the Act of 1950 as amended by this Act.

3.—(1) Where it is the practice of an agricultural employer, whether begun before or after the commencement of this Act, to grant an agricultural worker employed by him a free day or days on full wages to attend sporting or other events held on a day other than a Sunday or Church holiday-or public holiday, the free day or each free day (as the case may be) on full wages shall be a special holiday for the purposes of this section.

(2) In any year during which an agricultural employer continues in relation to a worker a practice such as is referred to in the foregoing subsection, subsection (1) of section 3 of the Act of 1950 as amended by this Act, shall be regarded as entitling the worker—

( a ) in case less than seven special holidays are allowed to him, to one holiday less for each special holiday so allowed to him, and

( b ) in any other case, to one holiday less for each special holiday not exceeding six so allowed to him.

4.—(1) This Act may be cited as the Agricultural Workers (Holidays) (Amendment) Act, 1961 .

(2) The Agricultural Workers (Holidays) Acts, 1950 and 1952, and this Act may be cited together as the Agricultural Workers (Holidays) Acts, 1950 to 1961.