They may sell any type of good. There are a number of criteria for a shop to be classified as an independent retail shop but the most commonly relied on criteria is that such shops are run by a single operator or a proprietary company and where no more than 20 persons are engaged in the shop at any one time or, where a number of shops are operated, a maximum of 60 persons throughout the State are engaged. Additionally, the business for which the shop if maintained must be wholly owned by a person, or by persons in partnership, or by a proprietary company, that is not a related body corporate.

Non-exempt stores ie large retail shops subject to trading hours restrictions Non-exempt shops are not defined but the category includes large retailers operating supermarkets and department stores.

If Monday is also an ordinary working day, they do not receive any further Public Holiday entitlement for hours worked on the Monday. Employees are not entitled to two public holiday payments. Some retailers may be considering closing their businesses on the Monday as well.

If that is the case, those employees who work on the Sunday and receive their full entitlement, and then normally work a Monday will be having to take a day off on no pay or using their annual leave. They can create policies to allow shop trading throughout their district or only in limited areas, but cannot override shop trading provisions covered in other legislation, such as defining opening hours, liquor licensing provisions or determining which types of shops may open.

Refer to www. An important change to the law allows shop employees to refuse to work on Easter Sunday.

Employers who want a shop employee to work on Easter Sunday must: Inform the employees of the requirement to work on Easter Sunday and notify them in writing that they have the right of refusal Provide the notice to the employee at least four weeks before Easter Sunday. If an employer does not follow the go here notice requirements and then insists that an employee work on Easter Sunday, this could be considered grounds for a personal grievance.

The employee may not be treated unfairly or be disadvantaged in any way as a result of their refusal to work, provided both parties have followed the notice requirements set out in the Act. It is transferred to Monday in this case 8th February like some other Public Holidays that are Mondayised.

For most employees the Waitangi Day Public Holiday will be observed on Monday 8th February unless they work on the actual day of Saturday 6th.

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