TNAG-0662-FCO40-811-Legislation-on-immigration-in-Hong-Kong-1977 — Page 64

A210

Ord. No. 53/77

Amendment of

heading of Part IX.

Employer to keep annual leave records.

4.

EMPLOYMENT (AMENDMENT) (NO. 3)

notice in writing of his 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 exhibits 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 (1), 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;

(ii) all periods of annual leave taken by each employee; and

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

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

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

Amendment of section 42.

5.

Amendment of section 43.

"AND ANNUAL LEAVE".

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

", annual leave"; and

(b) by inserting after "holiday pay" the following-

", annual leave pay".

6. Section 43 of the principal Ordinance is amended by inserting after "holiday pay" the following-

Amendment of section 63.

7.

", annual leave pay".

Section 63 of the principal Ordinance is amended-

(a) in subsection (2)(a)(ii) by inserting after "section 18(2)" the

following--

“, 41A(2), 41A(3) or 41F(1)";

(b) in subsection (4) by deleting "section 40," and substituting the

following-

"section 40; or