Payment of ແຕ

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Made of annud kava poly".

Ansal ave pay on

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2

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 employer 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 abnual 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)

(4) If a rest day falls within the period of 7 consecu- tive days of absence from work specified in subsection (3). it shall be counted as annual leave and another rest day shall be subsututed in accordance with section 18(5),

(5) No period of total incapacity for work by reason of sickness or injury occurring during a period of annual leave shall count as part of that annual teave unless it commences after the commencement of the period of annual leave.

418. Where an employee is granted any period of annual leave, the employer shall pay him annual leave pay in respect of that period not later than the day on which he is next paid his wages after that period.

41C (1) Annual leave pay shall, subject to subsection (2), be a sum equivalent to the wages, other than overtime pay, which the employee would have earned if he had worked during the period of annual leave.

(2) Where an employce is employed on piece ratea or where the wages of an employes vary from day to day, tha annual leave pay shall be calculated by reference to the average daily wages earned by the employee on the days which he worked during the period of 28 days preceding the period of annual leave, or the termination of the contract of employment, as the case may be.

410. (1) Where an employee's contract of employment is terminated under section 9 after completion of a period of 12 months employment under a continuous contract in respect of which he has not been granted 7 days" annual leave, he shall as soon as practicable and in any case not leter than 7 days after the day of termination be paid by his employer a sum equal to the annual leave pay that he would have received for that part of his 7 days annual leave that has not been granted to him it granted imme- diately following the day of termination.

(2) Wbert, under a continuous contract, an employee's period of employment not being a period in respect of which he is entitled to or has been granted 7 days' annual lcave, is more than 3 but less than 12 months, and the

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Employer t keep annua) leave records.

3

contract is terminated, otherwise than under section 9, for any reason whatsoever including his resignation, he shall a soon as practicable and in any case noi later than 7 days after the day of termination be paid by his employer, ia addition to any sum due under subsection (1), a sum equal to such proportion of the annual leave pay he would have received for 7 days' annual leave immediately following the day of termination as the number of complete weeks within the period of employment bears to 52.

41E. Save as provided in section 41D, no payment of annual leave pay or other sum may be made in lieu of the grant of annual leave.

41F. (0) Every employer who intends to close down his business or part thereof for the purpose of granting annual leave to any of his employees shall give one month's notice in writing of bis intention so to do to every employee who will as a result have to take annual leave or otherwise stop work during the period of closure.

(2) The provisions of subsection (1) shall be deemed to be complied with if not later than one month before com- mencement of the period of closure, the employer exhibita in a conspicuous place in the place of employment notice of the closure and of the names of all employees who will as a result have to take annual leave or otherwise stop working, or in lieu of such names, a description or other details enabling such employees to be clearly identified.

(3) Every person who is an employee at the commence- ment of the period during which the business or part thereof is closed down for the purpose specified in subsection ()}), and who is not otherwise entitled to annual leave pay in respect of any day during that period, shall be allowed that day as annual leave and shall be paid by the employer annual leave pay in respect thereof; and for the purposes of this Part any annual leave with pay allowed by reason only of this subsection shall be deemed to have been granted in respect of a period of 12 months employment under a continuous contract ending immediately before the period of closure.

41G. Every employer shall keep a record of

(a) the date of commencement and termination of—

(i) the employment of each employee;

(i) all periods of annual leave taken by cach employee and

(ii) all periods of closure of his business or part thereof for the purpose of granting any annual leave to any of his employees; and

(6) all annual leave pay received by each employee.".

4. The heading of Part IX is amended by inserting after "HOLIDAYS" the following

"AND ANNUAL LEAVE”.

5

Made

Section 42 of the principal Ordinance is amended— (a) by inserting after "any holiday" the following-

annual leave"; and

Amendment of beading of Pan IX.

Amendment of

section 42.

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