Shiftwork and public holidays Clause Samples

The "Shiftwork and public holidays" clause defines how employees who work shifts are treated in relation to public holidays. Typically, it outlines whether shiftworkers are entitled to additional pay, substitute days off, or other benefits if their scheduled shifts fall on a public holiday. For example, it may specify that a shiftworker who works on a public holiday receives penalty rates or an extra day off in lieu. The core function of this clause is to ensure fair compensation and clear entitlements for shiftworkers whose work schedules intersect with public holidays, addressing potential inequities and confusion.
Shiftwork and public holidays. (1) For ordinary duty performed on a public holiday, the employee is to be paid for at least 4 hours at the relevant rate for each attendance (other than for an attendance that is continuous with ordinary duty on the day before, or the day after, the public holiday). (2) However, if more than 1 attendance is involved, the payment must not be more than the amount that would have been paid if the employee had remained on duty from the commencing time of duty on 1 attendance to the ceasing time of duty on a following attendance. (3) For this clause, duty broken by a meal period is not more than 1 attendance. (4) If, for an employee who performs duty on each of the days of the week in a cycle of shifts on a regular roster of shiftwork, a public holiday occurs on a day when the employee is rostered off duty, the employee is entitled to: (a) leave for a day instead of the public holiday; or (b) an amount equal to salary for a day at the ordinary rate for the employee. (5) If the employee is receiving an annualised penalty payment under clause 3.32, the employee may substitute, with the Secretary’s approval, their entitlement under subclause (4)(a) or (b) for an amount of leave in hours calculated as follows: where: A is the number of additional hours of leave to which the shift workforce is entitled under subclause (4)(a). B is the number of shiftworkers in the shift workforce. (6) For this clause duty performed on 25 December is taken to be duty performed on a public holiday even if another day has been declared as a substitute public holiday for that day. (7) For subclause (5): shift workforce, for an employee, means the shift workforce that is receiving the same annualised penalty payment under clause 3.32, as the employee.
View SourceView Similar (7)
Shiftwork and public holidays. (1) For ordinary duty performed on a public holiday, the employee is to be paid for at least 4 hours at the relevant rate for each attendance (other than for an attendance that is continuous with ordinary duty on the day before, or the day after, the public holiday). (2) However, if more than 1 attendance is involved, the payment must not be more than the amount that would have been paid if the employee had remained on duty from the commencing time of duty on 1 attendance to the ceasing time of duty on a following attendance. (3) For this clause, duty broken by a meal period is not more than 1 attendance. (4) If, for an employee who performs duty on each of the days of the week in a cycle of shifts on a regular roster of shiftwork, a public holiday occurs on a day when the employee is rostered off duty, the employee is entitled to: (a) leave for a day instead of the public holiday; or (b) an amount equal to salary including any higher duties allowance for a day at the ordinary rate for the employee. (5) If the employee is receiving an annualised penalty payment under clause 3.32, the employee may substitute, with the Secretary’s approval, their entitlement under subclause (4)(a) or (b) for an amount of leave in hours calculated as follows:
View SourceView Similar (4)
Shiftwork and public holidays. (1) For ordinary duty performed on a public holiday, the employee is to be paid for at least 4 hours at the relevant rate for each attendance (other than for an attendance that is continuous with ordinary duty on the day before, or the day after, the public holiday). (2) However, if more than 1 attendance is required, the payment must not be more than the amount that would have been paid if the employee had remained on duty until the end of the final attendance.
View Source

Related to Shiftwork and public holidays

  • LEAVE AND PUBLIC HOLIDAYS 37 Public Holidays 38 Personal (Sick and Carer’s) Leave 39 Portability of Sick Leave 40 Compassionate Leave 41 Annual Leave 42 Long Service Leave 43 Parental Leave 44 Community Service Leave 45 Family and Domestic Violence Leave 46 Industry Training 47 Employee Representatives 48 Protective Clothing 49 Operation of Occupational Health and Safety Act, Regulations and Codes 50 Operation of Lift 51 Hearing Tests 52 Hepatitis A and B Shots 53 Rehabilitation of Injured Employees 54 Industry Funds Compliance 55 Employee Benefit Fixed Rate Contribution 56 ▇▇▇▇ ▇▇▇▇▇ Insurance 57 Employee and Family Welfare Support Signatories Appendix A Wages, Fares Allowance and Travel Allowance Appendix B Fares Allowance and Travelling Allowance Appendix C Living Away from Home Allowance Appendix D Allowances and Special Rates Appendix E Inclement Weather Appendix F Working Day (RDO) Calendar Appendix G Tool Lists Appendix H Apprentice Training Indigenous Programme, Women in Plumbing Appendix I Insurance Cover Minimum Requirements Appendix J Indicative Gross Hourly Rate Guide Appendix K Classification Structure / Commitments by the Parties Appendix L Commercial Residential Unit Industry and / or Commercial / Industrial Factory Warehouse Work Appendix M Drugs and Alcohol Management Program (DAMP)

  • Public Holidays 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

  • Holiday Rules ‌ The following rules apply to all holidays except the personal holiday: A. Employees will be paid at a straight-time rate even though they do not work. B. In addition to Subsection A above, employees will be paid for the hours actually worked on a holiday at the overtime rate, in accordance with Article 7, Overtime. C. For full-time employees with a Monday-through-Friday work schedule: 1. When a holiday falls on a Saturday, the Friday before will be the holiday. 2. When a holiday falls on a Sunday, the following Monday will be the holiday. D. For full-time employees who do not have a Monday-through-Friday work schedule: 1. When a holiday falls on the employee’s scheduled workday, that day will be considered the holiday. 2. When a holiday falls on the employee’s scheduled day off, the agency will treat the employee’s workday before or after as the holiday. 3. Upon approval, an employee may schedule an alternate day off as their holiday as long as the requested day off falls within the same pay period as the holiday or in either workweek adjacent to that pay period. E. The holiday for night shift employees whose work schedules begin on one calendar day and ends on the next will be determined by the agency. It will start either at: 1. The beginning of the scheduled night shift that begins on the calendar holiday, or 2. The beginning of the shift that precedes the calendar holiday. The decision will be the same for all employees in a facility unless there is agreement to do otherwise between the agency and one (1) or more affected employees, or with the Union, which will constitute agreement of the employees. F. Part-time employees who were employed before and after the holiday and for a period of at least twelve (12) calendar days during the month (but not including the holiday) will be compensated in cash or compensatory time for the holiday in an amount proportionate to the time in pay status during the month to that required for full-time employment. G. A full-time employee will qualify for holiday compensation if they are employed before the holiday and is in pay status: 1. For the entire work shift preceding the holiday; or 2. For at least eighty (80) non-overtime or non-standby hours during the month, not counting the holiday.

  • Public Holiday Work (a) For Employees other than Shiftworkers, double time and a half must be paid for any Public Holiday Work with a minimum payment of four hours. (b) For Shiftworkers, double time and a half (inclusive of their shift loading) must be paid for any Public Holiday Work with a minimum payment of four hours.

  • GENERAL HOLIDAYS 8.01 The following days shall be considered as General Holidays. An employee's pay for a General Holiday shall be as set out in sub-articles 8.03 and 8.04 below: New Year's Day Labour Day ▇▇▇▇▇ ▇▇▇▇ Day Thanksgiving Day Good Friday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day Civic Holiday and any other day or portion of a day generally observed by the retail grocery and meat stores and designated as a Holiday by the Employer, or any other day declared by the Provincial Government. The Employer may designate the Good Friday General Holiday to be observed in the following week for those employees who volunteer to do so provided it gives the Union twenty one (21) days advance notice. In situations where there are more volunteers in a department who wish to observe Good Friday in the following week than are needed by the Employer, the senior employee will be given preference subject to the Employer having sufficient qualified employees on duty to efficiently operate the business. For those full-time employees who observe Good Friday in the following week they will be given either the Monday or Saturday as their day off in the week following Good Friday, unless mutually agreed to between the Employer and the employee. Where mutual agreement between the Employer and the Union is reached, this provision may be applied to other General Holiday weeks. 8.02 In order for a full-time or part-time employee to receive pay for a General Holiday, they must: (1) not have been voluntarily absent from work on the scheduled work day prior to and following such Holiday; (2) have worked their full, regular designated weekly hours for the week in which Holidays, a Holiday, or portion of a Holiday occur, except for bona-fide illness. Any employee on leave of absence (except employees disentitled for General Holiday pay as set out in the following paragraph) granted by the Employer, at the request of the employee, shall not qualify for a General Holiday with pay if they are absent on both their last scheduled work day prior to, and their first scheduled work day following the General Holiday. Any employee receiving a payment under the Plan 1 Weekly Indemnity Benefit, or Workers Compensation, for the full week in which the General Holiday(s) occurs, shall not be entitled to General Holiday pay. (a) Eligible full-time employees shall suffer no reduction in their pay for a General Holiday as set out in sub-article 8.01 above. (b) Full-time employees working on General Holidays, designated in Article 8 of this Agreement, shall be paid the regular, hourly rate they would have received had they not worked, plus an additional double (2x) time said hourly rate for all time required to be on duty. Employees other than full-time, working on General Holidays, designated in Article 8 of this Agreement, shall be paid their regular, hourly rate they would have received had they not worked, plus additional time and one-half (1½) said hourly rate for all the time required to be on duty. 8.04 Eligible part-time employees shall be compensated as follows: (a) All part-time employees who have been employed thirty (30) calendar days or more and have worked and/or were paid an average of at least thirty-two (32) hours or more per week in the four