3
Article 2
Employment Oruinancc
Thc
ordinance who lcss than one under scction
provides that every employce covered by the has been cmployed under a continuous contract is entitled to not rest day in every perioù of seven days. A "rest day is ucfincü, 2 of the ordinance, as 'a continuous period of not less than 24 hours during which an employee is entitled to costain from working for his Cliployer.'
Bcforc 8 Junc 1990, a "continuous contract" was one where the employcc has worked for the same employer for four weeks or more, prior to a given date, on at lcast three days in
cach of the four weeks and for not less than six hours on cach day. The Employment (Amendment) Ordinance 1990 which came into force on 8 Junc 1990, amcndcù the definition of continuous contract to mean that an cmployce who has worked for the same employer for four weeks or more, prior to a given date, for at least 18 hours in cach of the four weeks.
Regulation 14 of the Women and Young Persons (Industry) Regulations madc under the Employment Ordinance specifically provides that young persons ayed 15-17 and women employed in industrial undertakings must be given one rest day a wock. This rest day may be granted on different days to different groups of workers ör to all workers on the same day. Under this set of regulations, "rest day" is defined as a day of the week on which a woman or young person employed in any industrial undertaking; and a "wcck" means the miu-night on Saturday night and mid-night on the succccding
shall not be
.:
"period between Saturday night.
Prior
to 8 June 1990, non-manual employees carning more than HK$11,500 a month dia not have the statutory right to rest days. This is a registered modification. However, with cffcct from 8 June 1990, when the Employment (Amendment) Ordinance 1990 came into force, the application of the ordinance has bccn cxtcndcă to cover all cmpluyccs, both manual and non-manual irrespective of their carnings. As a result, all employees henceforth enjoy the provisions of rest way under the ordinance.
Exccpt for factorics operating on a non-stop shift work basis where thc wcckly rcst day is given to different groups of workers on different days of the wock, most of the establishments close on Sundays.
Article 3
A person who is a member of tnc family of the proprietor of the which he is caployee and who dwells in the same dwelling as the
business in proprietor
is, by virtuc of scction 4(2) (b) of the Employment Ordinance,
cxcludcd from the coverage of the ordinance. The provisions of rest days under the ordinance, therefore, woes not apply to them.