THE SHOPS AND OFFICES ACT

Southland Times, Issue 22915, 13 June 1936, Page 11

THE SHOPS AND OFFICES ACT

Amended Provisions EXPLANATORY NOTES As some confusion appears to exist about the nature of the amendments to the Shops and Offices Act, a reporter obtained from the Labour Department yesterday the following explanatory notes on the Act: — Section 1 (2) provides for the provisions of the Act —excepting the shorter working week, which operates from September 1, 1936—t0 come into force on July 1, 1936. Section 2 provides that occupiers in receipt of a wage of not more than £6 a week in the case of males, and £4 a week in the case of females, shall be subject to all the provisions of the Act relating to shop assistants. This is intended to prevent the placing of junior workers in charge of small shops, thereby evading the provisions of the Act in respect of the employment of assistants. Section 3 provides that a shop assistant shall not be employed for more than 44 hours a week, 8 hours a day except on one day when the employment may be for 11 hours, nor more than 4 J hours continuously without an interval of one hour for a meal, nor after 12 noon on the ' half-holiday. Paragraph (c) provides that an assistant shall not be employed for more than 4i hours without an interval of at least one hour for a meal; in some shops this may not be altogether practicable. For instance, assistants may start at 8.30 a.m. and the first batch of workers will have their meal time from , 11.45 to 12.45 and then work until 5.30 | p.m. The last period will thus exceed , the 4J hours. Subsection (2) has been inserted to enable assistants to work! up to 5 hours without a meal provided ■ that a 10 minutes’ rest period is given. , Subsection (5) provides that this section relating to shorter hours of work shall come into force on September 1, 1936. , , Section 4 provides that butchers assistants shall not commence work before 6 a.m. instead of 4 a.m. as formerly. Delivery of Milk. Section s—As the law stands at pre- ’ sent assistants engaged in the delivery of milk cannot commence work before the hour of 3 a.m. It was represented that there may be special occasions when an earlier starting time would be an advantage for both sides and the provision in this section will permit of such an arrangement where the Minis- • ter is satisfied that it is proper. I Section 6 provides that an assistant may be employed for one hour extra per day for the purpose of attending to horses or motor vehicles, such time to be paid for at time and a half rates. I Section 7 provides for the permission of the inspector to be obtained before any overtime is worked; overtime rates are increased from 9d and 1/- to 1/6 an hour- or time and a half whichever is the greater; and the total amount of overtime that may be worked in any year is reduced from 120 to 60 hours. Section 8 provides for increases in the minimum rates of wages on the same basis as contained in the Factories Amendment Act, 1936, viz., such amount as is agreed on being not less than 15/a week for the first six months, with half-yearly increments on the agreed rate of not less than 4/- a week until the end of the third year, and thereafter not less than £2 a week. In determining the rates of pay due to any worker all periods of employment in any shop whatsoever shall be taken into consideration. Section 9 prohibits the occupier of a shop from accepting a premium from any person whether a shop assistant or not in respect of any tuition in any trade or calling given to any pel son, with one exception, however, in respect of schools for the teaching of any trade, provided that written contracts are entered into between the parties and that the conditions not only of the contract but also in respect of facilities for learning the trade are to the satisfaction of the chief inspector of factories. The main object is to overcome the present practice of premiums being asked for in respect of the learning of the ladies’ hairdressing trade. Section 10 deletes the provision in Section 12 of the principal Act providing that the signature of a worker in the time and wages book operates as a prima facie certificate of the correctness of the entries. Cases have occurred where assistants have actually signed an incorrect record without a knowledge of the whole of the particulars and as a consequence magistrates have refused to accept evidence to the contrary. Hotel and Restaurant Employees. Section 11 merely provides for exclusion of hotels and restaurants from certain provisions of the Bill relating to shops and for which special provision is made in Section 13 for hotel and restaurant assistants. Section 12 extends the definition of “restaurant” and “shop” to include boarding houses employing two or more assistants other than members of the family of the occupier, or with five or more boarders. The principal Act applied to boarding houses in which three or more persons were employed other than members of the family of the occupier. Section 13 (hotel and restaurant employees) provides for (a) a 44-hour week; (b) eight hours a day; (c) not more than hours without an interval of one hour for a meal (except that this may be extended to five hours if a rest period of 10 minutes is given); (d) for a half holiday from 1 p.m. on one day of each week, and also (e) for a six-day working week. The, total i amount of overtime that may be worked j in any year is reduced from 180 to 120 i hours and the minimum overtime rate!

is increased from 9d to 1/6 an hour. The shorter hours of work do not operate until September 1, 1936. Section 14 extends the provisions of section 40 of the principal Act (which prohibits the employment of female assistants in a restaurant after 10.30 p.m.) to boys under 18 years. Section 15 provides for notice to be given to the inspector by the occupier of a hotel or restaurant of any change of the whole of half-holiday of any assistant. Offices. Section 16 removes the exemption from the hours of closing of offices contained in Section 46 of the Act in respect of auctioneers, banks, insurance companies and wholesale warehousemen. Offices in industries where it is necessary to deal with the public in the evenings such as shipping, railway, tramway, newspaper, telegraph agencies, cable companies or telegraph companies, or freezing companies or forwarding agencies or harbour boards, woolbrokers or woolbuyers are exempt from closing their offices at 5 p.m. and at noon on Saturdays. This exemption is extended to passenger transport services and offices of auctioneers situated in stock saleyards as it is necessary in such cases to attend to the public after 5 p.m. and on Saturday afternoons. Section 17 requires all offices covered by the Act and not exempted from the closing provisions to close at 12 noon on the half-holiday instead of 1 p.m. Section 18 provides for overtime to be worked in banks for any of the special purposes mentioned. Overtime for any such time worked is to be paid in accordance with the Act. Section 19 provides for an increase in the minimum overtime rates for office assistants from 9d to 1/6 an hour, and also for a meal allowance of 1/6 on any day in which overtime is worked. All office assistants are to be entitled to overtime payments. Special provision is made, however, in regard to overtime in banks. Section 20 requires an occupier of an i office to keep a time and wages book i in the same manner as occupiers of I shops and to pay to office assistants I the minimum rates prescribed for shop I assistants. Subsection (2) requires the minimum rates of wages prescribed for i shop assistants to be paid to all assistants employed in solicitors’ offices, mining companies’ offices and miners union offices, but overtime is not payable to such workers. General Provisions. Section 21 provides that a worker in a shop or office shall not be dismissed or have wages reduced by reason of ■ any reduction in working hours as provided for in the Act. If any person has his wages reduced or is dismissed after the commencement of the Act the onus is placed on the employer of proving that such reduction or dismissal was not contrary to this section. Section 22 is to provide that an assist- , ant shall be entitled to payment for I overtime even where such assistant has ’ been employed during extended hours in breach of the provisions of the Act. Section 23 extends the period in which proceedings may be taken for a I breach of the Act from three months to six months. . ' | Section 24 is similar to that contained in the Factories Amendment Act and ■ provides that the provisions of awards ' and industrial agreements shall be read ■ subject to the provisions of the Act, : but this is not to be construed to reduce rates of wages being paid pursuant to any award or industrial agree- , ment, or to increase working hours . fixed by any such award or agreement.