TNAG-0872-FCO40-1082-Legislation-for-employment-in-Hong-Kong-1979 — Page 58

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The combination of statutory holidays and annual leave days curre permitted to make up an annual period of 7 consecutive days of abse with pay has caused difficulty. Clause 2 accordingly requires all the 7 consecutive days to be days of annual leave, and if a rest day or statutory holiday coincides with any of the 7 consecutive days of annual leave, it will have to be granted at some other time in accordance with the principal Ordinance. Clause 2 also makes it clear that annual leave is in addition to rest days and statutory holidays.

Clause 3 is designed to make it clear that a day's pay is due for each and every day of annual leave and e.g. that an employee cannot be deprived of such a day's pay by treating it as a rest day.

Clause 4(a) provides that once an employee completes a period of 12 months service, he is entitled to 7 days annual leave pay for that service regardless of how his contract is terminated. Clause 4(b) provides, where the period of service is less than 12 months, for proportionate entitlement to annual leave pay in certain circumstances if the period of service is 3 months or more, (instead of more than 3 months, as at present).

This Bill does not have any public finance or Public Service staffing implications.

一九七九年僱傭(修訂)法案

摘要說明

本法案旨在對僱傭條例第八A部(關於七日有薪年假事)之規定加以闡釋,並 在實行方面予以簡化。

依照現行規定 • 連續七日之有薪年假可由若干法定假日與若干日年假合併而 成,惟此舉會引起爭端,故法案第二條規定連續七日之年假須全部爲年假日,若其 中某日適爲僱員之休假日或法定假日,則須依照原有條例之規定,另給補假;該條 又明確規定年假乃僱員除休假日及法定假日外,另行享有之假期。

本法案第三條清楚說明在年假期間,僱員每日均享有全薪,僱主不得將其中某 日視作僱員本身休假日而少付一天薪金。

本法案第四條(a)款規定無論僱員之合約係在何種情形下終止,如其服務期間已 滿十二個月,即享有七日年假之薪金。法案第四條(b)款規定如僱員服務未足十二個 月,但已滿三個月或達三個月以上,則在某種情形下,可按比例獲得年假薪金(現 時規定服務超過三個月始可領取年假薪金)。

本法案對政府經費及所需人手方面,均無影響。