34 Calculation of pay during closedown period for employee not entitled to annual holidays


This section applies to an employee who, at the commencement of a closedown period, is not entitled to annual holidays under section 16.


An employer must, in respect of the closedown period, pay the employee 8% of the employee’s gross earnings since the commencement of the employee’s employment or since the employee last became entitled to annual holidays (as the case may be), less any amount—


paid to the employee for annual holidays taken in advance; or


paid in accordance with section 28.


An employee who is paid annual holiday pay calculated in accordance with subsection (2) is not otherwise entitled—


to any annual holidays for the period of employment up to the date of the beginning of the closedown period; or


to any remuneration for the period of the closure or discontinuance of work.


This section does not prevent an employer and employee from agreeing that the employee may take the period of the closedown as annual holidays in advance under section 20 and be paid for the period in accordance with section 22.

Compare: 1981 No 15 s 18(1)–(4), (7)

Section 34(2): amended, on 1 April 2007, by section 42.