SUNDAY, MARCH 29, 1981
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CHING MING A STATUTORY HOLIDAY
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A LABOUR DEPARTMENT SPOKESMAN TODAY (SUNDAY) REMINDED EMPLOYERS THAT THE CHING MING FESTIVAL WHICH FALLS ON SUNDAY, APRIL 5 IS ONE OF THE 10 STATUTORY HOLIDAYS APPOINTED UNDER THE EMPLOYMENT ORDINANCE.
THAT SUNDAY, HE POINTED OUT, IS PROBABLY ALSO A REST DAY FOR MANY EMPLOYEES COVERED BY THE ORDINANCE, AND IF THIS IS THE CASE AN EMPLOYER MUST APPOINT AN ALTERNATIVE REST DAY BECAUSE A REST DAY CANNOT BE COUNTED AS A STATUTORY HOLIDAY.
IN THE CASE OF WOMEN AND YOUNG PERSONS EMPLOYED IN INDUSTRY, IF THE CHING MING STATUTORY HOLIDAY FALLS ON THEIR REST DAY, THE HOLIDAY SHOULD BE TAKEN ON THE DAY FOLLOWING THE REST DAY.
UNDER THE ORDINANCE ALL MANUAL EMPLOYEES, INCLUDING DOMESTIC SERVANTS, IRRESPECTIVE OF THEIR EARNINGS, AND ALL NON- MANUAL EMPLOYEES EARNING NOT MORE THAN $6 000 A MONTH, ARE ENTITLED TO THE HOLIDAY.
THEY MUST ALSO BE PAID FOR THE DAY OFF IF THEY HAVE WORKED CONTINUOUSLY FOR THREE MONTHS IMMEDIATELY PRECEDING THE STATUTORY HOLIDAY.
HOLIDAY PAY SHOULD BE EQUIVALENT TO THE EMPLOYEE'S EARNINGS, OTHER THAN OVERTIME PAY, ON A NORMAL WORKING DAY. WHERE THE EARNINGS VARY FROM DAY TO DAY, HOLIDAY PAY SHOULD BE THE AVERAGE OF THE DAILY EARNINGS DURING A PERIOD OF 28 DAYS PRECEDING THE HOLIDAY. PAYMENT SHOULD BE MADE ON THE NORMAL PAY DAY.
IF AN EMPLOYEE WAS REQUIRED TO WORK ON THE HOLIDAY, THE SPOKESMAN CONTINUED, HE MUST BE GIVEN AN ALTERNATIVE DAY OFF WITHIN 60 DAYS BEFORE OR AFTER THAT DAY.
IF THE ALTERNATIVE HOLIDAY WAS TO BE GRANTED BEFORE THE STATUTORY HOLIDAY, THE EMPLOYER MUST NOTIFY THE EMPLOYEE 48 HOURS IN ADVANCE OF THE ALTERNATIVE HOLIDAY. IF AN ALTERNATIVE HOLIDAY WAS TO BE GIVEN AFTER STATUTORY HOLIDAY, THE EMPLOYEE MUST BE NOTIFIED OF THE ARRANGEMENT AT LEAST 48 HOURS BEFORE THE STATUTORY HOLIDAY.
IF BOTH EMPLOYER AND EMPLOYEE AGREE, ANY DAY WITHIN 30 DAYS OF A STATUTORY HOLIDAY OR ALTERNATIVE HOLIDAY COULD BE TAKEN BY THE EMPLOYEE AS A SUBSTITUTED HOLIDAY, HE SAID.
ENQUIRIES ABOUT STATUTORY HOLIDAYS COULD BE MADE TO THE NEAREST BRANCH OFFICE OF THE LABOUR RELATIONS SERVICE. THE TELEPHONE NUMBERS ARE 3-205638 FOR KOWLOON EAST- 3-201652 FOR KOWLOON WEST- 3-898520 FOR KWUN TONG= 12-422096 FOR TSUEN WAN- 12-818443 FOR TUEN MUN AND 5-282523 EXT. 60 FOR HONG KONG ISLAND.
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