THE Yuletide season is upon us and businesses and individuals alike participate in the merriment and goodwill that characterise the period. Christmas Day and Boxing Day are almost guaranteed days off for many and these two days bring an official end to the year’s roster of public holidays. Many who enjoy public holidays may not realise that the ability to do so, the long weekends and the customary closure of business or limited opening hours are actually prescribed by law.

The Holidays (Public General) Act prescribes nine days as Public General Holidays and one additional day appointed by the minister for national observance.

As much as we take Christmas Day and Good Friday for granted, these two significant public holidays are not mentioned in the legislation rather they are observed by operation of common law.

The Act requires all courts of justice, public offices, wharves, banks and their agencies, lawyers’ offices, building societies, merchants, wholesale dealers, storekeepers, commission agents and retailers and printing and newspaper offices among others to be closed throughout the whole of each public general holiday. There are, of course, exceptions to these closure requirements. One specific example is that a pharmacy may open between the hours of eight o’clock in the morning and twelve o’clock midnight provided that medicines are available for sale by or under the direct supervision of a registered pharmacist. The minister also has power to exempt any office, business or workshop, from the operation of this Act, either generally or for such special or limited purpose as may be expedient.

The Act goes further to declare as absolutely void any employment contract in any business governed by the Act whereby the person employed takes or agrees generally not to claim or to observe all or any public general holiday. It is nevertheless lawful for any person employed to make a special agreement on the approach of any public general holiday, to forego his right to any such particular public general holiday, and to continue in service or to enter upon and perform any duties during the whole or any part of such particular public general holiday.

Finally, since failure to comply with the provisions of the Act is an offence, businesses and individuals are encouraged to enjoy these legally imposed holidays.

Tamara Robinson is an associate at Myers, Fletcher & Gordon in the firm’s Commercial Department. Tamara may be contacted at Tamara.Robinson@mfg.com.jm or https://www.myersfletcher.com. This information is for general legal purposes and does not constitute legal advice.