Public Holidays other than those set out in the Holidays Act, and where the Employer does not have the ability to require the Employee to work on a public holiday

The Employee and Employer agree that instead of the Employee being entitled to the 11 public holidays per year set out in the Holidays Act, the Employee shall be entitled to 11 days holidays on the following days: [insert days]. Where the day identified as a holiday would otherwise be a working day for the Employee, the Employee shall be entitled to pay on that holiday. The Employer may ask the Employee to work on one or more of the days identified as a holiday, but the Employee may at their discretion decline to work on that day. Where such a day is worked, the Employee shall be paid (as detailed in the 'Payment for work on a public holiday' clause in this agreement) and shall also receive an alternative paid holiday of one day at a later date, the timing of which is to be determined by agreement between the Employer and the Employee, or in the absence of agreement according to the Holidays Act.