4.
| (1) Any employee to whom a Holidays Order applies may, with the prior permission of the Commissioner, be employed on any day declared to be a holiday by such Order. Where such employee is employed on such day, his employer shall allow him a holiday, with remuneration computed in the prescribed manner, within such period as may be specified by the Commissioner, or shall pay him in respect of such day remuneration determined at a rate which shall be double the rate at which he would ordinarily have been remunerated in respect of such day if such day had not been declared to be a holiday. |
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| (2) The permission referred to in subsection (1) shall, in regard to any holiday, be granted by the Commissioner in respect of any employee, or any class or description of employees, or employees employed by any class or description of employers, if the Commissioner is satisfied-
| | (a) that such employee or each such employee cannot be allowed such holiday without substantial prejudice to the trade, business, occupation, establishment or institution in which he is employed, or | | |
| | (b) that the trade, industry, business, occupation, establishment or institution in which such employee or each such employee is employed, or the nature of his work therein, is such that the grant of such holiday is likely to cause considerable inconvenience to the public, or | | |
| | (c) that the trade, industry, business, occupation, establishment or institution in which such employee or each such employee is employed is essential to the life of the community and he is an essential worker therein. | | |
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| (3) The permission referred to in subsection (1) may be granted by the Commissioner either specially by means of permits or generally by means of a notification published in the Gazette. |
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Sri Lanka Consolidated Acts