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HOLIDAYS ACT 2003 - SECT 23

Calculation of annual holiday pay if employment ends within 12 months

23 Calculation of annual holiday pay if employment ends within 12 months

1 Subsection (2) applies if—
a) the employment of an employee comes to an end; and
b) the employee is not entitled to annual holidays because he or she has worked for less than 12 months for the purposes of section 16 .
2 An employer must pay the employee 8% of the employee’s gross earnings since the commencement of employment, less any amount—
a) paid to the employee for annual holidays taken in advance; or
b) paid in accordance with section 28 .
History: Section 23(2): amended, on 1 April 2007, by section 42 .



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