Organisation of Working Time Act 1997

FIRST SCHEDULE

Transitional Provisions in relation to Annual Leave Entitlements

1. In paragraph 2

each working week reference” means, in relation to section 19(1) , each reference in that section to 4 working weeks;

percentage reference” means, in relation to section 19(1) , the reference in paragraph (c) of that section to 8 per cent.

2. Subject to paragraph 4, section 19 (1) shall have effect—

( a) in relation to the leave year 1996, as if—

(i) for each working week reference there were substituted a reference to 3 working weeks and for the percentage reference there were substituted a reference to 6 per cent., and

(ii) for paragraph (b) of that section there were substituted the following:

“( b) the number of working weeks obtained by the formula

X×Y,

4

where ‘X’ and ‘Y’ have the meaning assigned to them by paragraph 3 of the First Schedule ,”,

( b) in relation to the leave year 1997, as if—

(i) for each working week reference there were substituted a reference to 3 working weeks and one day and for the percentage reference there were substituted a reference to 6.4 per cent., and

(ii) for paragraph (b) of that section there were substituted the following:

“( b) the number of working weeks obtained by the formula

4×X×Y,

15

where ‘X’ and ‘Y’ have the meaning assigned to them by paragraph 3 of the First Schedule ,”,

( c) in relation to the leave year 1998, as if—

(i) for each working week reference there were substituted a reference to 3 working weeks and 3 days and for the percentage reference there were substituted a reference to 7.2 per cent., and

(ii) for paragraph (b) of that section there were substituted the following:

“( b) the number of working weeks obtained by the formula

3×X×Y,

10

where ‘X’ and ‘Y’ have the meaning assigned to them by paragraph 3 of the First Schedule ,”.

3. For the purpose of section 19 (1) (b) (as that provision has effect by virtue of subparagraph (a), (b) or (c) of paragraph 2), “ X” means one working week and “ Y” means the number of months in the leave year in each of which the employee concerned works at least 117 hours.

4. Subparagraphs (b) and (c) of paragraph 2 shall not apply in relation to an employee if—

( a) a collective agreement that for the time being has effect in relation to the employee and which stands approved of by the Labour Court under section 24 provides that the said subparagraphs shall not apply in relation to the employee, or

( b) the employee is employed in a class of activity which for the time being is specified in regulations made by the Minister to be a class of activity in relation to which the said subparagraphs shall not apply.

5. As respects an employee referred to in paragraph 4, section 19 (1) shall have effect in relation to each of the leave years 1997 and 1998 in the same manner as paragraph 2 (a) provides that that section shall have effect in relation to the leave year 1996.

6. Save as otherwise provided in this Schedule, Part III and the other relevant provisions of this Act shall apply in relation to each of the leave years 1996, 1997 and 1998 as that Part and those provisions apply to leave years generally.