TNAG-0872-FCO40-1082-Legislation-for-employment-in-Hong-Kong-1979 — Page 57

Enclosure No.4

A BILL

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Amend the Employment Ordinance.

Enacted by the Governor of Hong Kong, with the advice and consent

of the Legislative Council thereof.

1. This Ordinance may be cited as the Employment (Amendment) Short title. Ordinance 1979.

2. Section 41A of the principal Ordinance is amended-

Amendment of section 41A.

(a) by deleting subsection (3) and substituting the following sub- (Cap. 57.)

section-

"(3) The annual leave shall be granted by the employer and shall be taken by the employee within the period of 12 months during which that leave is required by subsection (1) to be granted on 7 consecutive days or, if the employee so requests, on 4 consecutive days, and the remaining days of annual leave, if any, shall be granted consecutively or separately in accordance with subsection (1)."; and

(b) by deleting subsection (4) and substituting the following sub-

section-

"(4) If a rest day or holiday falls within any period of annual leave granted in accordance with this section, it shall be counted as annual leave and another rest day or holiday shall be substituted in accordance with section 18(5) or sub- section (2), (3) or (4) of section 39, as the case may require."; and

(c) by inserting after subsection (5) the following subsection—

"(6) For the avoidance of doubt it is declared that annual leave is, and shall be granted, in addition to the rest days and holidays to which an employee is entitled under this Ordinance.".

3. Section 41C(1) of the principal Ordinance is amended by inserting Amendment of after "he had worked" the following-

section 41C.

"every day".

4.

Section 41D is amended-

(a) in subsection (1) by deleting "is terminated under section 9" and

substituting the following-

"terminates or is terminated"; and

(b) in subsection (2) by deleting "more than 3 but less than 12 months,

and the contract" and substituting the following-

"3 months or more but less than 12 months, and the contract terminates or".

Amendment of section 41D.

Explanatory Memorandum

This Bill seeks to clarify the provisions and simplify the operation of Part VIIIA of the Employment Ordinance (which provides for 7 days. annual leave with pay).