ANTIGUA AND BARBUDA
PUBLIC HOLIDAYS (AMENDMENT) BILL, 2019
NO. OF 2019
Public Holidays (Amendment) Bill 2019
NO. OF 2019
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NO. OF 2019 Public Holidays (Amendment) Bill 2019
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ANTIGUA AND BARBUDA
PUBLIC HOLIDAYS (AMENDMENT) BILL, 2019
NO. 2019
ARRANGEMENT OF CLAUSES
Clause
1. Short title and Commencement
2. Interpretation
3. Repeal and replacement of Schedule to the Act
Public Holidays (Amendment) Bill 2019
NO. OF 2019
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ANTIGUA & BABUDA
PUBLIC HOLIDAYS (AMENDMENT) BILL, 2019
NO. OF 2019
AN ACT to amend the Public Holidays Act, Cap 354
ENACTED by the Parliament of Antigua and Barbuda as follows-
1. Short title
This Act may be cited as the Public Holidays (Amendment) Act 2019.
2. Interpretation
In this Act –
the “principal Act” means the Public Holidays Act , Cap 354
3. Repeal and replacement of the Schedule to the Act
The Schedule to the principal Act is repealed and replaced as follows –
“SCHEDULE
1. NEW YEARS DAY
The First day of January in each year
When the First day of January falls on a Sunday the following Monday shall
be a public holiday.
2. INDEPENDENCE DAY
The first day of November in each year
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When the first day of November falls on a Saturday or Sunday the following
Monday shall be a public holiday and on that day shall be held all the official
acts and activities in celebration of the anniversary of Independence.
3. CHRISTMAS DAY
The Twenty-fifth day of December in each year
When Christmas falls on a Saturday or Sunday, the following Monday and
Tuesday shall be public holidays.
4. BOXING DAY
The Twenty-sixth day of December in each year
When Boxing Day falls on a Sunday, the following Monday and Tuesday shall
be public holidays.
5. GOOD FRIDAY
6. EASTER MONDAY
7. LABOUR DAY
The First Monday in May
8. WHIT MONDAY
9. CARNIVAL HOLIDAY
The First Monday in August
The Tuesday following the First Monday in August
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10. SIR VERE CORNWALL BIRD SNR. DAY
The 9th day of December in each year
When Sir Vere Cornwall Bird Snr Day falls on a Saturday or Sunday, the
following Monday shall be a public holiday.
11. THE DAY FOLLOWING A GENERAL ELECTION IN ANTIGUA AND
BARBUDA
12. SUNDAYS
For the purposes of calculating compensation for work done on a public holiday,
Sundays are exempt from the requirements of Section C15 (2) of the Antigua
and Barbuda Labour Code.
___________________________________________
Passed the House of Representatives
this the day of …. 2019.
Passed the Senate
this day of 2019
Speaker
President
Clerk to the House of Representatives
Clerk to the Senate
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EXPLANATORY MEMORANDUM
This amendment seeks to address the issue of compensation for work done on Sundays.
In accordance with the current Public Holidays Act, Cap 354, Sundays (meaning ALL
Sundays) are observed as Common Law holidays in Antigua and Barbuda; so too are
Good Friday and Christmas Day. In practice, many laws respect Sundays as a “sacred
day”. However, for the purpose of compensation for work done on Sundays, it is not the
practice that employees are paid for working on Sundays in the way that they would be
compensated for working on Good Friday or Christmas. Whereas on Good Friday and
Christmas Day, employees who are required to work are compensated at the rate of pay
set aside under the Labour Code for working on a Public Holiday, this rate pay is not
given to employees working on Sundays. Further, where in Collective Bargaining
Agreements, employees are compensated for work done on Sundays in excess of their
basic rate of pay, this is generally done because the nature of the industry regards
working on a Sunday as working overtime , and not because Sundays are been recognised
as a Public Holiday.
Following several consultations with various stakeholders, to include from the Unions,
Employer’s Federation, Nurses Association, Public Service Association, Employers and
employees across several industries, and Members of the Clergy, it was agreed that
Sundays are to remain, in law, as a Public Holiday, however, it should be exempted from
the requirement to under the Labour Code that workers be paid a premium pay for
working on a public holiday.
As a result of the consultations, the Public Holidays Act, Cap. 354 is amended by
repealing and replacing the Schedule as seen in Clause 3. The Schedule was amended to
include within the list of public holidays –
Christmas Day #3
Good Friday #5; and
Sundays #12
The following notations in respect of the observance of these holidays has been added:
Where Christmas Day falls on a Saturday or a Sunday, the following Monday and
Tuesday shall be public holidays. This is a departure from the current practice where
only the Monday was being observed as a public holiday. A similar notation was made
in respect of Sir Vere Cornwall Bird Snr Day – listed at #10.
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The note to Sundays (#12) reflects the agreement of the Stakeholders and reads thus:
“For the purposes of calculating compensation for work done on a public
holiday, Sundays are exempt from the requirements of Section C15 (2) of the
Antigua and Barbuda Labour Code.”
………………………………
Hon. Steadroy C. O. Benjamin
Attorney General
And Minister for Labour