(Cop. 19, nub, bear.)
Payment of
(3) An employer and his employee may agree that another day shall be substituted for a statutory holiday or an alternative holiday or, in the case of a female employee or an employee who is a young per- son, a day on which, by virtue of subsection (4), the employee is required to be granted a holiday, if such substituted holiday falls within the period of thirty days of such statutory holiday, alternative holiday or holiday under subsection (4).
(4) Where, in the case of a female employee or an employee who is a young person, a statutory holi- day or an alternative holiday or a substituted holiday falls on a day which, by virtue of the Factories and Industrial Undertakings Regulations, the employment of the employee in an industrial undertaking is pro- hibited, the employee shall be granted a holiday on the next day thereafter which is not a statutory holi- day or an alternative holiday or a substituted holiday,
21H. An employee who has been employed by boliday pay his employer under a continuous contract for a period of three months immediately preceding a statutory holiday shall, not later than the day on which the employee is next paid his wages after that holiday. be paid by his employer holiday pay at the rate specified in section 211 whether or not the employee takes a boliday on the statutory holiday or on an alternative or substituted holiday or a holiday under section 23G(4).
Rate of
211. (1) Holiday pay shall be a sum equivalent holiday pay to the wages, other than overtime pay, which the employee would have earned if he had worked on the holiday.
(2) Notwithstanding subsection (1), where an employee is employed on piece rates or where the daily wages of an employee vary from day to day. the holiday pay shall be a sum equivalent to the average daily wages earned by the employee on the days on which he worked during the period of twenty- eight days preceding the holiday.
Ordinary wages instead of holiday pay or sickness allowance.
Payment of
etc. in event of bankruptcy,
elc.
(Cap. 6.) (Cap. 32)
PART IVC
ANCILLARY PROVISIONS RELATING TO Sickness ALLOWANCE AND HOLIDAYS WITH PAY
215. Where, pursuant to the terms of his contract of employment or the terms of any other agreement or for any other reason, an employee is paid his ordinary wages in respect of any holiday or sickness day, the employee shall not, in addition to such ordinary wages, be entitled to be paid holiday pay or sickness allowance, as the case may be.
21K. For the purposes of section 38 of the holiday pay. Bankruptcy Ordinance and section 265 of the Com- panies Ordinance, any holiday pay or sickness allow- ance to which an employee is entitled shall, whenever the employee became or becomes entitled thereto, be deemed to be wages in respect of services rendered during the relevant period prescribed in the said section 38 or the said section 265 or in section 79 of the Companies Ordinance, as the case may be.".
6. Section 31 of the principal Ordinance is amended by inserting, after subsection (1B), the following new subsection--
"(10) Any employer who without reasonable excuse fails-
(a) to grant to any employee any holiday which he is
required to grant under section 21G; or
(b) to pay to any employee-
(i) any sickness allowance which he is required to pay under section 21A; or
(i) any holiday pay which he is required to pay under section 21H,
shall be guilty of an offence.".
7. The principal Ordinance is amended by adding, after section 35A, the following new section--
"Saving as to schemes
of medical treatment under Industrial Employ- ment (Holidays
with Pay and Sickness Allowance) Ordinance. (Cap. 31.)
35B. Any scheme of medical treatment which is operated by an employer and is recognized by the Director under section 8 of the Industrial Employ- ment (Holidays with Pay and Sickness Allowance) Ordinance shall continue in force and have effect as if it were operated and approved under the corres- ponding provision in this Ordinance.”.
Amendment of section 31.
Addition of
new section
35日,