(5) In the application of the provisions of the foregoing Table to the case of a piece worker the appropriate rate of statutory minimum remuneration for time work is the appropriate minimum rate that would have been applicable to him if he had been employed as a time worker.
Part V
GENERAL
10. For the purposes of calculating any period of employment entitling a worker to an annual holiday or to any accrued holiday remuneration under this Schedule, the worker shall be treated:—
(1) as if he were employed for a week in respect of any week in which
(a) he has worked for the employer for not less than 16 hours and has performed some work to which statutory minimum remuneration applies; or
(b) he has been absent throughout the week by reason of proved illness or accident (provided that the number of weeks which may be treated as weeks of employment for such reason shall not exceed 16 in any such period as aforesaid); or
(c) he has been suspended throughout the week owing to shortage of work (provided that the number of weeks which may be treated as weeks of employment for such reason shall not exceed 16 in any such period as aforesaid); and
10. as if he were employed on any day of holiday allowed under the provisions of this Schedule, and for the purposes of sub-paragraph (1) of this paragraph, a worker who is absent on such a holiday shall be treated as having worked thereon for the employer on work to which statutory minimum remuneration applies (a) where the holiday is a customary holiday, or a holiday in lieu of a customary holiday, for 84 hours if the worker is normally employed for more than 30 hours a week or for 44 hours if he is normally employed for 30 hours a week or less, or (b) where the holiday is a day of annual holiday, for the number of hours ordinarily worked by him on that day of the week.
11. Where any day of holiday allowed to any worker under this Schedule falls upon a day of holiday or half-holiday to which the worker may be entitled under any enactment other than the Wages Councils Act 1959, that holiday or half-holiday shall be treated as part of the holiday allowed under this Schedule.
12. In this Schedule, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—
"NORMAL WORKING WEEK" means the number of days on which it has been usual for the worker to work in a week in the employment of the employer in the 12 months immediately preceding the commencement of the holiday season , or where under paragraph 9 accrued holiday remuneration is payable on the termination of the employment, in the 12 months immediately preceding the date of the termination of the employment:
Provided that—
(1)part of a day shall count as a day;
(2)no account shall be taken of any week in which the worker did not perform any work for which statutory minimum remuneration has been fixed.
"STATUTORY MINIMUM REMUNERATION" means minimum remuneration (other than holiday remuneration) which has been fixed by a wages regulation order made by the Minister to give effect to proposals submitted to him by the Council.
"WEEK" means pay week".
