XN000022-1978-01-27 — Page 8

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FRIDAY, JANUARY 27, 1978

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LUNAR NEW YEAR STATUTORY HOLIDAYS

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THE COMMISSIONER FOR LABOUR, MR. PETER WILLIAMS, TODAY REMINDED EMPLOYERS THAT THE FIRST THREE DAYS OF THE LUNAR NEW YEAR WHICH FALL ON FEBRUARY 7, 8 AND 9 ARE THREE OF THE TEN STATUTORY HOLIDAYS APPOINTED UNDER THE EMPLOYMENT ORDINANCE.

MR. WILLIAMS EMPHASISED THAT THE PROVISIONS OF THE ORDINANCE APPLY NOT ONLY TO ALL MANUAL WORKERS IRRESPECTIVE OF THEIR EARNINGS, BUT ALSO THOSE NON-MANUAL EMPLOYEES EARNING LESS THAN $2,000 A MONTH. IT COVERS WORKERS IN THE ENTIRE INDUSTRIAL, COMMERCIAL AND SERVICES SECTORS WITHIN THIS DESCRIPTION.

HE POINTED OUT THAT THERE WAS A COMMON MISCONCEPTION THAT THE LAW APPLIES ONLY TO ALL THOSE WORKERS EARNING LESS THAN $2,000 A MONTH.

HE SAID: +UNDER THE ORDINANCE, ALL MANUAL EMPLOYEES INCLUDING DOMESTIC SERVANTS IRRESPECTIVE OF THEIR EARNINGS, AND ALL NON-MANUAL EMPLOYEES EARNING NOT MORE THAN $2,000 A MONTH ARE ENTITLED TO THE HOLIDAYS.

+THEY MUST ALSO BE PAID FOR THE THREE DAYS OFF IF THEY HAVE WORKED CONTINUOUSLY FOR THEIR EMPLOYERS FOR THREE MONTHS IMMEDIATELY PRECEDING THE STATUTORY HOLIDAYS.+

MR. WILLIAMS POINTED OUT THAT AN EMPLOYEE, WHO IS NOT EMPLOYED ON A CONTINUOUS CONTRACT BY THE SAME EMPLOYER FOR LESS THAN THREE MONTHS, IS ALSO ENTITLED TO THE HOLIDAYS, BUT HAS NO LEGAL ENTITLE- MENT TO PAY.

A CONTINUOUS CONTRACT, HE EXPLAINED, IS ONE WHERE THE EMPLOYEE HAS WORKED FOR THE SAME EMPLOYER FOR FOUR WEEKS OR MORE, PRIOR TO A GIVEN DATE, ON AT LEAST THREE DAYS IN EACH OF THE FOUR WEEKS AND FOR NOT LESS THAN SIX HOURS ON EACH DAY.

IF AN EMPLOYER REQUIRES AN EMPLOYEE TO WORK ON A STATUTORY HOLIDAY, HE MUST GIVE HIM AT LEAST 48 HOURS' NOTICE, AND HE MUST GIVE HIS EMPLOYEE AN ALTERNATIVE HOLIDAY WITHIN 60 DAYS OF THE STATUTORY HOLIDAY.

IF THE EMPLOYER INTENDS TO GIVE HIS EMPLOYEE AN ALTERNATIVE HOLIDAY BEFORE THE STATUTORY HOLIDAY, HE MUST NOTIFY HIS EMPLOYEE 48 HOURS IN ADVANCE OF THAT ALTERNATIVE HOLIDAY. AND IF AN ALTERNATIVE HOLIDAY IS TO BE GIVEN AFTER THE STATUTORY HOLIDAY, THE EMPLOYER MUST INFORM HIS EMPLOYEE OF THE ARRANGEMENT AT LEAST 48 HOURS BEFORE THE STATUTORY HOLIDAY.

IF THE EMPLOYER AND EMPLOYEE AGREE, ANY DAY WITHIN 30 DAYS OF A STATUTORY HOLIDAY OR ALTERNATIVE HOLIDAY MAY BE TAKEN BY THE IR EMPLOYEE AS A SUBSTITUTED HOLIDAY.

ENQUIRIES OR COMPLAINTS REGARDING STATUTORY HOLIDAYS MAY BE MADE TO THE NEAREST BRANCH OFFICE OF THE LABOUR RELATIONS SERVICE. THE TELEPHONE NUMBERS ARE: KOWLOON EAST - 3-205638- KOWLOON WEST 3-201652- KWUM TONG - 3-898520= TSUEN WAN - 12-422096- TUEN FUN - 12-818443- AND HONG KONG ISLAND - 5-222523 EXT. 60.

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