1961-HKRS29-8-28_Part03 — Page 42

Workers to whom Ordin-

ance applies.

(14 of 1953).

Person liable to pay boliday pay,

FLC.

person whether or not the days were worked under the same contract of employment and whether or not they were con- secutive days; and

(c) a worker shall be treated as having worked for a person on any day on which the worker worked for that person on not less than six hours, whether or not continuously.

(3) Nothing in paragraph (c) of subsection (2) shall be deemed to prevent a person from treating as a day on which a worker worked for him a day on which the worker worked for him for less than six hours.

(4) In determining whether or not on any day a worker has worked for not less thun six hours, there shall be included any interval allowed to the worker for a meal or a rest.

3. (1) Save as provided in subsection (2), this Ordinance applies to every person engaged under a contract of service or apprenticeship in an industrial undertaking, whether by way of manual labour, clerical work or otherwise and whether the contract is express or implied, oral or in writing.

(2) This Ordinance does not apply-

(a) to a person employed otherwise than by way of manual labour whose average earnings exceed seven hundred dollars per month:

(5) to a person employed in an agricultural operation or in the preparation of food for consumption and sale on the premises whereon it is prepared:

(c) to a person who is a member of the family of the proprietor of the business in which he is employed and who dwells in the house of the proprietors

(d) to a person who is serving under articles entered into pursuant to subsection (1) of section 10 of the Merchant Shipping Ordin- ance, 1953, or on board a ship whose Rag is represented by a consular officer resident in the Colony;

(e) in respect of a business that is not carried on by way of trade

or for purposes of gain.

4. The liability under this Ordinance to pay the boliday pay or the sickness allowance is a liability of the person with whom the worker bas or bad, at the material times, entered into a contract or contracts of service or apprenticeship.

PART 11.

Holidays, payment therefor and sickness allowance.

5. (1) Save as provided in subsections (2), (3), (4) and (5), every Worker to worker shall be granted a holiday on each of the following days, be granted namely-

(4) Chinese New Year's Day;

(6) the day following Chinese New Year's Day; (c) the day of the Tsing Ming Festival:

(d) the day of the Dragon Boat Festival;

(e) the day of the Chinese Mid-Autumn Festival; and (A) the day of the Chinese Winter Solstice Festival,

(2) Save us provided in subsections (3), (4) and (5), an employer who has, not less than fifteen days before the day following Chinese New Year's Day or the day of the Chinese Winter Solstice Festival, as the case may be, posted in the industrial undertaking a notice of his intention to do so shall

(a) in lieu of granting a worker a holiday on the day following Chinese New Year's Day, grant the worker a holiday on the day preceding Chinese New Year's Day:

(b) in lieu of granting a worker a holiday on the day of the Chinese Winter Solstice Festival, grant the worker a holiday on the first day of January next following that day.

(3) An employer may, in lieu of granting a worker a boliday on a statutory holiday, grant the worker a holiday on another day within sixty days after that day if he has notified the worker of the day on which he will be granted a holiday not less than forty-eight hours before the statutory holiday.

holiday on certain days.

(4) Where, in the case of a female worker or a worker who is a young person, a statutory holiday or an alternative holiday falls on a day on which, by virtue of any regulations made under the Factories (34 of 1955). and Industrial Undertakings Ordinance, 1955, the employment of the worker in the industrial undertaking is prohibited, the worker shall be granted a holiday on the next day thereafter that is not a statutory holiday or an alternative holiday or a day that has, under subsection (5), been substituted for a statutory holiday or an alternative holiday.

(5) Any other day may, by agreement between a worker and his employer, be substituted for a statutory holiday or an alternative holiday or, in the case of a female worker or a worker who is a young person, a day on which, by virtue of subsection (4), the worker is required to be granted a holiday.