A208

Ord. No. 53/77

L.S.

EMPLOYMENT (AMENDMENT) (NO. 3)

HONG KONG

No. 53 OF 1977

I assent.

Short title and commencement.

Amendment of section 2.

(Cap. 57.)

Addition of new Part VIIIA.

MURRAY MACLEHOSE,

Governor.

29th June, 1977.

An Ordinance to amend the Employment Ordinance.

[1st January 1978]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Employment (Amendment) (No. 3) Ordinance 1977 and shall come into operation on the 1st January 1978.

2. Section 2 of the principal Ordinance is amended by inserting, after the definition of "alternative holiday", the following new definitions—

"annual leave" means the annual leave provided for in Part VIIIA; "annual leave pay" means the annual leave pay required by this Ordinance to be paid in respect of a period of annual leave and any sum required to be paid under section_41D;".

3. The principal Ordinance is amended by adding after Part VIII the following new Part-

Grant of annual leave.

"PART VIIIA

ANNUAL LEAVE WITH PAY

41A. (1) Subject to this Part, every employee shall, in respect of each period of 12 months employment under a continuous contract, be granted by his employer within the period of 12 months following the completion of that period of employment 7 days' annual leave with pay, and the time when the leave is so granted shall be appointed by the employer after consultation with the employee or his repre- sentatives.

(2) Every employer shall give his employee not less than 14 days' notice in writing of the time he has appointed for the grant of a period of annual leave, except where a shorter period of notice is agreed to by the employer and employee.

(3) The annual leave shall be granted by the employer and shall be taken by the employee in such manner that the employee has, within the period of 12 months during which that leave is required by subsection (1) to be granted, a period of not less than 7 consecutive days of absence from work made up of such annual leave or of part thereof and other days being statutory holidays or rest days, or, if the employee so requests, a period of 4 consecutive days of annual leave, and the remaining days of annual leave, if any, shall be granted consecutively or separately in ac- cordance with subsection (1).

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