Holidays Act 2003

53 Existing employment agreements must include provision that complies with section 50

(1)

This section applies to an existing employment agreement.

(2)

The employment agreement must, from the date referred to in subsection (3), be amended to include a provision that confirms the right of the employee to be paid in accordance with section 50 for working on a public holiday.

(3)

The date is,—

(a)

for an existing collective agreement to which section 51 applies, the later of—

(i)

1 April 2007; or

(ii)

the date on which a collective agreement that replaces the existing collective agreement comes into force:

(b)

for an existing individual employment agreement to which section 51 applies, 1 April 2007:

(c)

for all other existing employment agreements, the earlier of—

(i)

the date on which the existing employment agreement is next amended; or

(ii)

1 April 2005.

(4)

To avoid doubt, an existing employment agreement may not state that the relevant daily pay or average daily pay of the employee already includes an amount that is calculated to comply with section 50.

Section 53 heading: amended, on 22 October 2004, by section 8(1) of the Holidays Amendment Act 2004 (2004 No 85).

Section 53(2): amended, on 22 October 2004, by section 8(2) of the Holidays Amendment Act 2004 (2004 No 85).

Section 53(3): substituted, on 22 October 2004, by section 8(3) of the Holidays Amendment Act 2004 (2004 No 85).

Section 53(4): amended, on 1 April 2011, by section 17 of the Holidays Amendment Act 2010 (2010 No 126).