TUESDAY, JANUARY 23, 1979
RIGHT OF WORKERS TO ANNUAL LEAVE
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AMENDMENTS TO THE EMPLOYMENT ORDINANCE WHICH AIM TO CORRECT MISUNDERSTANDINGS ABOUT THE RIGHT OF WORKERS TO SEVEN DAYS ANNUAL LEAVE AND TO CLOSE POSSIBLE LOOPHOLES IN THE LAW WILL GO BEFORE THE LEGISLATIVE COUNCIL ON FEBRUARY 14.
THE EMPLOYMENT (AMENDMENT) BILL 1979, TO BE PUBLISHED IN THE GOVERNMENT GAZETTE ON FRIDAY, SEEKS TO CLARIFY THE GOVERNMENT'S ORIGINAL INTENTION TO PROVIDE ALL EMPLOYEES COVERED BY THE ORDINANCE WITH SEVEN DAYS' ANNUAL PAID LEAVE FOR EACH PERIOD OF 12 MONTHS EMPLOYMENT UNDER A CONTINUOUS CONTRACT.
THIS LEAVE HAS TO BE GRANTED BY THE EMPLOYER WITHIN 12
MONTHS FOLLOWING THE FIRST YEAR OF EMPLOYMENT.
ACCORDING TO A LABOUR DEPARTMENT SPOKESMAN TODAY (TUESDAY), THE PAID ANNUAL LEAVE SCHEME HAD WORKED WELL OVERALL -- EMPLOYÉES IN GENERAL HAD WELCOMED ITS INTRODUCTION AND MOST EMPLOYERS HAD READILY COMPLIED WITH THE SPIRIT OF THE LAW. HOWEVER, A FEW EMPLOYERS HAD ATTEMPTED TO EVADE THEIR OBLIGATIONS.
HE SAID +THE AMENDED LAW WILL EMPHASISE AND CLARIFY ALL THE SEVEN CONSECUTIVE DAYS TO BE DAYS OF ANNUAL LEAVE, AND IF A REST DAY OR STATUTORY HOLIDAY COINCIDES WITH ANY OF THESE, IT WILL HAVE TO BE GRANTED AT SOME OTHER TIME. THE LAW WILL ALSO MAKE IT CLEAR THAT ANNUAL LEAVE IS IN ADDITION TO REST DAYS AND STATUTORY HOLIDAYS.
+IT WILL BE SO DESIGNED AS TO MAKE IT CLEAR THAT A DAY'S PAY IS DUE FOR EACH AND EVERY DAY OF ANNUAL LEAVE AND THAT AN EMPLOYEE CANNOT BE DEPRIVED OF SUCH A DAY'S PAY BY TREATING IT AS A REST DAY.
+ONCE AN EMPLOYEE COMPLETES A PERIOD OF 12 MONTHS SERVICE, HE IS ENTITLED TO SEVEN DAYS ANNUAL LEAVE PAY FOR THAT SERVICE REGARDLESS OF HOW HIS CONTRACT OF EMPLOYMENT IS TERMINATED.
+THE LAW ALSO PROVIDES FOR PROPORTIONATE ENTITLEMENT TO ANNUAL LEAVE PAY IN CERTAIN CIRCUMSTANCES WHEN THE PERIOD OF SERVICE IS THREE MONTHS OR MORE. THE PRESENT PROVISION IS FOR MORE THAN THREE MONTHS, THE SPOKESMAN ADDED.
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