THE SHOPS AND OFFICES ACT - International Labour … and Offices Act..pdf · tions permitted by section 4 of the Act, and excluding- (a) any overtime wages which such person is entitled

SHOPS AND OFFICES

THE SHOPS AND OFFICES ACT

REGULATIONS (under section 5)

The Shops Regulations, 1961 L.N. 76/61 351167 416167 108172 461173

The Shops (Kingston and St. Andrew) (Staggering of Hours) Regula- L.~. 460173

tions, 1973.

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SHOPS AND OFFlCES

THE SHOPS AND OFFICES ACI


(Made by the Minister on the 25th day of April, 1961) L.N. 76/61 Amd : L.N. 351167

[15th May, 19611 ~ ~ ~ $ ~ B l l ' ; I 461173

1. These Regulations may be cited as the Shops Regulations, 1961. ,,,,, 2.-(1) In these Regulations- Interprc-

tation. "Airport shop" means any shop within the terminal area of the

Sangster International Airport or the Norman Manley Inter- national Airport;

"Christmas shopping season" means the period commencing on the second day of December and ending on the twenty-fmrth day of December, in each year;

"normal wages" means the remuneration payable to any person employed in or about the business of a shop, including deduc- tions permitted by section 4 of the Act, and excluding-

(a) any overtime wages which such person is entitled to receive by virtue of the provisions of regulation 8; and

(b) any overtime wages paid to such person under the Minimum Wage Act;

"period of a natural disaster" means a period beginning on such day as the Minister may by order specify, being the day on which any earthquake, lire, flood, hurricane or other natural disaster occurs or threatens, and ending on such day as the Minister may by order specify;

"prescribed hours of business" means in relation to any shop, the hours during which such shop may be open for the transaction of business in accordance with regulation 4;

"registered as a pharmacy" means registered as a pharmacy under section 11 of the Pharmacy Act;

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THE SHOPS REGULATIONS, 1961

"tourist ship" means any vessel declared by the Minister to be a tourist ship in a notice published at least four days prior to the arrival of such vessel at a port in Jamaica in a daily newspaper printed and circulating in Jamaica;

"week" means the period commencing immediately after twelve o'clock midnight on each Saturday and ending at twelve o'clock midnight on the Saturday next following;

"wholesale shop" means any shop in which goods are sold by wholesale or by both wholesale and retail.

(2) Nothing in, these Regulations shall be construed as permitting the opening of any shop or the transaction of any business therein at any time at which, or in any circumstance in which, the opening of such shop or the transaction of.such business therein is expressly prohibited by any enactment.

Application. 3. These Regulations shall apply-

(a) in the parishes, districts, villages and towns specified in the first First colun~n of the First Schedule; Schedule.

(b) to all shops other than-

(i) any premises of a class declared under section 3 of the Act to be a shop;

(ii) any premises in which books or magazines not exceeding the price of 70c each are sold and which would not, but for the fact that books or magazines are sold therein, be shops within the meaning of the Act.

Prescribed 4.-(1) Airport shops may be open on any day without restriction as hours of business. to hours.

(2) The hours during which shops registered as pharmacies may be open for the transaction of business shall be from eight o'clock in the morning of each day to twelve o'clock midnight.

(3) Except as provided in paragraph (9, the hours during which wholesale shops (other than Airport shops and shops registered as pharmacies) in the Urban and Suburban Districts of the parishes of Kingston and St. Andrew may be open for transaction of business shall be from nine o'clock in the morning to one o'clock in the afternoon on Saturday and from nine o'c1o.t in the morning to three o'clock in the afternoon on Thursday and from nine o'clock in the morning to four- thirty o'clock in the afternoon on all other days.

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(4) Except as provided in paragraph (5), the hours during which shops (other than Airport shops and shops registered as pharmacies) in any parish, district village or town specified in the first column of the First Schedule may be open for the transaction of business shall be the hours specified in the second column of the said Schedule in respect of such parish, district, village or town.

(5) During the Christmas shopping season the hours during which shops (other than Airport shops and shops registered as pharmacies) in the parishes, districts, villages and towns specified in the first column of the First Schedule may be open for the transaction of business shall be-

(a) from eight o'clock in the morning to ten o'clock in the evening on Saturday and on the working day immediately preceding Christmas day;

(b) from eight o'clock in the morning to seven o'clock in the evening on all other days.

5.-(1) This regulation shall apply in relation to every shop which is shops in

in any locality specified in the Second Schedule and' in respect of which Ez,"jt Of

there is in force a scheme prepared by the occupier and approved by ::EE the Minister. Second

Schedule.

(2) The occupier of every shop in relation to which this regulation applies shall keep exhibited in a conspicuous place therein the scheme which is in force in respect thereof.

(3) Notwithstanding the provisions of regulation 4 the hours during which any shop in relation to which this regulation applies may be open for the transactions of business shall be the hours specified, in relation to the locality of such shop, in the Second Schedule.

(4) No person shall be employed in or about the business of any shop in relation to which this regulation applies-

(a) for more than eight hours in any day; (b) later than four o'clock in the afternoon on any day on which

his hours of employment in or about the business of such shop commence earlier than ten o'clock in the morning.

(5) Where any person is employed on a public general holiday in or about the business of any shop in relation to which this regulation applies, he shall be entitled to be paid overtime wages at the rate specified in sub-paragraph (b) of paragraph (2) of regulation 9 for the period during which he is so employed.

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THE SHOPS REGULATIONS. 1961

13ollrs of m~ployment in Airport t hops and ~jharmacies.

9'ransaction c f business and employ- rlent of

ersons a uthorircd cutside ~zescribed tours of tosinens.

(6) Subject to the provisions of paragraph (5) nothing in regulation 9 shall be construed as requiring the payment of overtime wages in respect of employment during the hours referred to in paragraph (3).

6.-(1) Persons may be employed in or about the business of Airport shops on any day without restriction as to hours, save that the hours of employment of each person in or about the business of any such shop shall not exceed four hours a day on more than five days of any week.

(2) No person shall be employed in or about the business of any shop registered as a pharmacy-

(a) later than four o'clock in the afternoon on any day on which his hours of employment in or about the business of such shop commence earlier than four o'clock in the afternoon;

(b) later than twelve o'clock midday on more than five days of any week in which his hours of employment in or about the business of that shop commence earlier than midday; or

(c) later than eight o'clock in thc evening on more than live days of any week in which his hours of employment in or about the business of such shop commence later than twelve o'clock midday but earlier than eight o'clock in the evening.

7. It shall be iawful for business to be transacted and persons to be enlployed in any shop outside the prescribed hours of business-

(a) where the business is so transacted with persons who were in the shop during the prescribed hours of business and ceases to be transacted within half an hour after the end of the prescribed hours of business;

(b) where the business so transacted is for the purpose of supplying articles-

(i) to any person who produces a certificate from a master, person in charge or agent of a ship stating that such ship is about to proceed to sea and such articles are required for its stores;

(ii) to any person who produces a certificate from a duly qualified medical practitioner stating that such articles are required urgently:.

(iii) which, to the knowledge of the occupier of such shop, are urgently required for purposes of illness or death or are required by a bona fide travellBr to be used as parts or accessories of a motor vehicle or bicycle;

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(c) where a tourist ship is in a port in the district, villa@ or bm in which such shop is situated :

Provided that business shall not be transacted and persons shall not be employed pursuant to the provisions of this paragraph-

(i) earlier than 10 o'clock in the morning or later than 7 o'clock in the evening on a public general holiday; or

(ii) earlier than 8 o'clock in the morning or later than 7 o'clock in the evening on any other day;

(d) during the period of a natural disaster.

8. Except as provided in regulation 7 it shall not be lawful for any Employment outdde pre- person to be employed in or about the business of any shop outside the scribed

prescribed hours of business. houn prohibited.

9.-41) Every person employed-

(a) in or about the business of any shop- (i) on a public general holiday; or (3) during any period in excess of eight hours on any day; or (iii) outside the prescribed hours of business pursuant to the

provisions of paragraph (c) or paragraph (d) of regulation 7:

(6) in or about the business of an Airport shop-

(i) on Sunday; or

(ii) earlier than eight o'clock in the morning or later than four o'clock in the evening on any day;

(c) in or about the business of any shop other than an Airport shop or a shop registered as a pharmacy-

(i) during any period in excess of forty hours in any week; or

(ii) later than fobthirty o'clock in the afternoon on any day during the Christmas shopping season,

shall be entitled to be paid overtime wages for the period during which he is so employed.

(2,) The hourly rates of overtime wages shall be-

(a) in respect or' employment-

(i) in any shop outside the prescribed hours of business during the period of a natural disaster; or

Overtime warn.

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(ii) in any shop other than an Airport shop or a shop registered as a pharmacy during any period in excess of eight hours in any day, or in excess of forty hours in any week, or later than four-thirty o'clock in the afternoon on any day during the Christmas shopping season; or

(iii) in an Airport shop earlier than eight o'clock in the morning or later than four o'clock in the evening on any day,

one and one-half times the hourly equivalent of the normal wages payable to the person so employed during the week in which he was so employed;

(b) in respect of employment in any shop on a public general holiday when a tourist ship is in the port of the district, village or town in which such shop is situated, twice the hourly equivalent of the normal wages payable to the person so employed during the week in which he was so employed :

Provided that the total amount paid for such employment shall not be less than the sum of two dollars;

(c) in respect of employment-

(i) in an Airport shop during any period in excess of eight hours in any day;

(ii) in any shop in any circun~stances specified in paragraph (1) other than circun~stances in respect of which over. time rates are specified in sub-paragraphs (a) and (b),

twice the hourly equivalent of the normal wages payable to the person so employed during the week in which he was so employed.

(3) Where normal wages are not payable to any person during atiy week in which he is entitled to be paid overtime wages under these Regulations, then, for the purpose of calculating such overtime wages-

(a) the last normal wa2es payable to him before he became entitled to such overtime wages; or

(b) if normal wages were never payable to him, or if it is imprac- ticable to use the normal wages prescribed in sub-paragraph (a) as a basis for calculating such overtime wages, the normal wages payable during that week to any other person working in the same category as himself, either in the same shop or in any other shop in the same parish, district, village or town,

shall be deemed to be the normal wages payable to him during that week.

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T H E SHOPS REGULATIONS. 1961

(4) Any amount paid to any person as overtime wages under the Minimum Wage Act for a period for which that person is entitled to be paid overtime wages under this regulation shall be taken into account as overtime wages for the purposes of this regulation.

10. Every person employed in or about the business of any shop shall Meal intervals.

be allowed-

(a) a luncheon interval of not less than three-quarters of an hour during the period between half-past eleven o'clock in the morning and two o'clock in the afternoon on any day on which his hours of employment include the whole of that period;

(b) a supper interval of not less than half an hour during the period between four o'clock in the afternoon and seven o'clock in the evening on any day on which his hours of employment include that period and end not later than ten o'clock in the evening;

(c) a dinner interval of not less than three-quarters of an hour during the period between eight o'clock in the evening and ten o'clock in the evening on any day on which his hours of employment include that period and end later than ten o'clock in the evening.

11. The occupier of every shop shall keep a record for each week Records.

showing, in respect of every person employed in or about the business of such shop-

(a) the period of employment in each day; (b) the number of hours of employment for that week;

(c) the times at which intervals for meals were allowed and the duration of each interval;

(6) the normal wages paid for that week;

(e) the overtime wages paid for employment during that week.

1 2 4 1 ) The occupier of every shop in which persons are employed Seats.

shall-

(a) provide behind the counter or in such other position as may be suitable for the use of such persons, at least two seats in proportion to every three persons employed therein;

(6) exhibit and keep exhibited in a conspicuous place in such shop a notice stating that such seats are provided in accordance with the requirements of these Regulations for the use of persons employed therein.

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(2) Any person who fails to comply with the requirements of this regulation shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding fifty dollars and in default of payment to imprisonment with hard labour for a term not exceeding three months.

FIRST SCHEDULE (Regulations 3 and 4)

Parishes, districts, villages and towns Prescribed Hours

I (a) from nine o'clock in the morning to four o'clock in the afternoon on Saturday;

I (a) from nine o'clock in the morning to four o'clock in the afternoon on Saturday;

I (b) from ni.ne o'clock in thel morning to The parish of St. Andrew twelve o'clock midday on Thursday;

The parish of Kingston .

(c) from nine o'clock in the morning to four- thirty o'clock in the afternoon on all other days.

(b) from nine o'clock in the morning to twelve o'clock midday on Wednesday;

(c) from nine o'clock in the morning to four- thirty o'clock in the afternoon on all other days.

Port Maria

Annotto Bay Oracabessa Richmond Highgate Spanish Town

(a) from eight o'clock in the morning to seven o'clock in the evening on Saturday;

(b) from eight o'clock in the morning to twelve o'clock midday on Wednesday;

(c) from eight o'clock in the morning to four o'clock in the afternoon on all other days.

I (a) from eight o'clock in the morning to eight o'clock in the evening on Saturday;

1 (b) from eight o'clock in the morning to twelve o'clock midday on Thursday;

(c) from eight o'clock in the morning to four o'clock in the afternoon on all

i other days.

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FIRST SCHEDULE, corltil. (Regulations 3 and 4)

Parishes, districts, villages and towns

Port Antonio Falmouth Montego Bay Lucea G;een Island Mandeville Christiana Chapelton Spaldings

Savanna-la-Mar Black River

Balaclava

Frankfield May Pen

Prescribed Hours

from eight o'clock in the morning to six o'clock in the evening on Saturday; from eight o'clock in the morning to twelve o'clock midday on Thursday; from eight o'clock in the morning to four o'clock in tha afternoon on all other days

from eight o'clock in the morning to five o'c!ock in the afternoon on Saturday:

(b) from eight o'clock in the morning to twelve o'clock midday on Thursday;

(c) from eight o'clock in the morning to four o'clock in tho afternoon on all other days.

(a) from seven o'clock in the morning to nine o'clock in the evening on Saturday;

(b) from seven o'clock in the morning to iwclve o'clock midday on Thursday;

(c) from seven o'clock in the morning to five o'clock in the afternoon on all other days.

(a) from eight o'clock in the morning to I six o'clock in the evening on Saturday;

I (b) from eight o'clock in the morning to ( twelve o'clock midday on Wednesday; ( (c) from eight o'clock in the morning to I four o'clock in thc afternoon on all i other days.

SECOND SCHEDULE (Regulation 5)

Locnlities and hows of shops in respect of >vhich there ure schemes

Locality Hours - Downtown Kingston, namely- (a) from eight o'clock in the morning to

King Street south of Victoria nine o'clock in the evening on Satur- Park; day;

Port Royal Street from its junc- (h) from eight o'clock in the morning to tion with East Street to ~ t s nine o'clock in the evening on Mon- junction with West Street; day, Tuesday, Thursday and Friday;

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Locality


SECOND SCHEDULE, conid.

Harbour Street from its junction with Gold Street to its juno tion with West Street;

Tower Street from its junction with King Street to its junction with West Street;

Barry Street from its junction with King Street to its junction with West Street;

South Parade;

West Parade;

Orange Street south of South Parade;

Other parts of the parish of Kingston

The parish of St. Andrew

Hours - (c) from eight o'clock in the morning to

twelve o'clock mid-day on Wednes- day;

(d) during the Christmas shopping season-

(i) from eight o'clock in the morning to ten o'clock in the evening on Saturday and on the working day immediately preceding Christmas day;

(ii) from eight o'clock in the morning to seven o'clock in the evening on other days;

(e) from ten o'clock in the morning to seven o'clock in the evening on any public general holiday on which a tourist ship is in the port of King- ston.

(a) from eight o'clock in the morning to nine o'clock in the evening on Mon- day, Tuesday, Thursday, Friday and Saturday;

(b) from eight o'clock ir the morning to twelve o'clock mid-day on Wednes- day;

(c) during the Christmas shopping season-


(ii) from eight o'clock in the morning to nine o'clock in the evening on other days;

(d) from ten o'clock in the morning to seven o'clock in the evening on any public general holiday on which a tourist ship is in the port of King- ston.

(a) from eight o'clock in the iilorning to nine o'clock in the evening on Mon- day, Tueaday, Wednesday, Friday and Saturday;

[Thc inclusion of this page is authorized by L.N. 4'19761


Locality hours

The parish of St. Andrew, contd. (b) from eight o'clock in the morning to

twelve o'clock mid-day on Thursday;

(c) during the Christmas shopping season-



(d) from ten o'clock in the morning to seven o'clock in the evening on any public general holiday on which a tourist ship is in the port of King- ston.

The parish of St. James, Montego Bay.

(a) from eight o'clock in the morning to nine o'clock in the evening on Monday, Tuesday, Wednesday, Friday and Saturday;

(b) from eight o'clock in the morning to twelve o'clock mid-day on Thursday;

(c) during the Christmas shopping season-



(6) from ten o'clock in the morning to seven o'clock in the evening on any public general holiday on which a tourist ship is in the port of Montego Bay.

[The inclusion of this page is authorized by L.N. 28611976J

SHOPS AND OFFICES

THE SHOPS AND OFFICES ACT


(Made by the Minister on the 4th day of December, 1973) L.N. 460173

1. These Regulations may be cited as the Shops (Kingston and St. Andrew) (Staggering of Hours) Regulations, 1973.

2. Notwithstanding the provisions of regulations 4 and 5 and the First and Second Schedules of the Shops Regulations, 1961 (hereinafter referred to as the principal Regulations) the hours during which shops (other than Airport shops and shops registered as pharmacies) in any locality in the parishes of Kingston and St. Andrew may be, or remain, open for the transaction of business shall be as specified in regulation 3 and the First and Second Schedules. First Schedule

Second Schedule

3. The hours during which wholesale shops (other than Airport shops and shops registered as pharmacies) in the Urban and Suburban Districts of the parishes of Kingston and St. Andrew may be or remain open for the transaction of business shall be-

from 9.00 a.m. to 4.30 p.m. Monday, Tuesday, Wednesday, Friday from 9.00 a.m. to 3.00 p.m. Thursday from 9.00 a.m. to 1.00 p.m. Saturday.

4. Save as otherwise provided in these Regulations, the provisions of the principal Regulations shall continue to have effect and shall be read and construed as one with these Regulations.

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THE SHOPS (KINGSTON AND ST. ANDREW) (STAGGERING OF HOURS) REGULATIONS. 1973

FIRST SCHEDULE (Regulation 2)

Locality Hours - - The parish of Kingston (a) from 9.00 a.m. to 4.00 p.m. on Saturday;

(b) from 9.00 a.m. to 12.00 noon on Wednes- day;

(c) from 9.00 a.m. to 4.30 p.m. on Mon- day, Tuesday, Thursday, Friday;

(d) during the Christmas shopping season- (i) from 9.00 a.m. to 10.00 p.m. on

Saturday and on the working day immediately preceding Christmas day;

(ii) from 9.00 a.m. to 7.00 p.m. on other working days;

(e) from 10.00 a.m. to 7.00 m. on any public general holiday on wfbh a tourist ship is in the port of Kingston.

The parish of St. Andrew (a) from 9.00 a.m. to 4.00 p.m. on Saturday; (b) from 9.00 a.m. to 12.00 noon on Thurs-

day; (c) from 9.00 a.m. to 4.30 p.m. on Mon-

day, Tuesday, Wednesday, Friday; (d) during the Christmas shopping season-

(i) from 9.00 a.m. to 10.00 p.m. on Saturday and on the working day immediately preceding Christmas day;

(ii) from 9.00 a.m. to 7.00 p.m. on other working days;

(e) from 10.00 a.m. to 7.00 m. on any public general holiday on wLch a tourist ship is in the port of Kingston.

Localities and hours of shops in respect of which tnme are schemes

Locality -- Hour? -

The parish of Kingston (a) from 9.00 a.m. to 9.00 m. on Monday, Tueaday, Thursday, ~ r i & and Saturday;

(b) from 9.00 a.m. to 12.00 noon on Wednes- day;

(c) during the Christmas shopping season- (i) from 9.00 a.m. to 10.00 p.m. on

Saturday and on the working day immediately preceding Christmas day;

y~) from 9.00 a.m. to 9.00 p.m. on other working days:

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THE SHOPS (KINGSTON AND ST. ANDREW) (STAGGERING OF HOURS) REGULATIONS, I973

Locality --

SECOND SCHEDULE, contd. (Regulation 2)

Hours - The parish of Kingston, contd.

(d) from 10.00 a.m. to 7.00 p.m. on any public general holiday on which a tourist ship is in the port of Kingston.

The parish of St. Andrew (a) from 9.00 a.m. to 10.00 p.m. on Monday. Tuesday, Wednesday, Friday and Satur- day;

(b) from 9.00 a.m. to 12.00 noon on Thursday;

(c) from 9.00 a.m. to 10.00 p.m. on all working days during the Christmas shopping season;

(d) from 10.00 a.m. to 7.00 p.m. on any public general holiday on which a tourist ship is in the port of Kingston.

[The inclusion of this p q e is authorized by L.N. 4119761

THE SHOPS AND OFFICES ACT - International Labour … and Offices Act..pdf · tions permitted by section 4 of the Act, and excluding- (a) any overtime wages which such person is entitled

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