Addition of new Part A.
3. The principal Ordinance is amended by adding, after Part IIA, the following new Part-
Application of this Part.
(Cap. 59. SUD. JER.)
Grant of real days.
(Cat. 131.)
"PART IIB.
REST DAYS.
110. This Part shall not apply-
(a) to any employee to whom regulation 14 of the Factories and Industrial Undertakings Regulations (which provides for rest days for women and young persons employed in industrial undertakings) applies;
(b) to an employer of any employee specified in paragraph (4) in relation to the employment of any such employee.
11E. (1) Subject to the provisions of this Part. every employee who has been employed by the same employer under a continuous contract shall be granted not less than four rest days in each month.
(2) Rest days shall be in addition to any statutory holiday, or a substituted holiday granted in lieu of such statutory holiday, to which an employee is entitled under the Industrial Employment (Holidays with Pay and Sickness Allowance) Ordinance.
Appointment 11F. (1) Rest days during a month shall be of rest days. appointed by an employer and he may appoint different rest days for different employees.
(2) Subject to subsection (4), every employer shall before the commencemeat of every month, inform each employee orally or in writing of his rest days in that month.
(3) The provisions of subsection (2) shall be deemed to be complied with if an employer cxhibits in a conspicuous place in the place of employment and for so long as it applies a roster showing the days appointed to be rest days for each employee during the month,
(4) Subsection (2) shall not apply where rest days are appointed on fixed days in each month on a regular basis,
(5) An employer may, with the consent of his employee, substitute for any rest day appointed under this section some other rest day-
(a) within the same month and before the rest
day so appointed; or
Compulsory work on rest days.
Voluntary work on rest days.
Void com- ditions.
4.
(b) within the period of thirty days next follow-
ing the rest day so appointed.
11G. (1) Subject to subsection (2), no employer shall require an employee to work on any of his rest days.
(2) An employer may require an employee to work on his rest day if it is necessary to do so by reason of a breakdown of machinery or plant or other unforeseen emergency of any nature,
(3) An employer shall substitute for any rest day on which an employee is required to work under sub- section (2) some other rest day within the period of thirty days next following, notice of which shall be given to the employee within forty-eight hours after the employee is so required to work.
11H, (1) An employee may, at his own request and if the employer agrees, work for his employer on a rest day.
(2) Ao employee may, at the request of bis employer, work for his employer on a rest day.
III. Any condition in a contract of employment which makes the payment of any annual bonus subject to working on rest days granted under this Part shall be void.".
Section 31 of the principal Ordinance is amended by inserting, after subsection (1), the following new subsection--
"(1A) Any employer who-
(a) without reasonable excuse, fails-
() to grant to any employee any rest day which he is required to grant under Part DB; or
(i) to comply with any of the provisions of sub- section (2) of section 11F: or
(6) contravenes section 11G,
shall be guilty of an offence.".
Passed by the Hong Kong Legislative Council this 25th day of February, 1970.
Deputy Clerk of Councils.
Amendment of section 31.