TNAG-0872-FCO40-1082-Legislation-for-employment-in-Hong-Kong-1979 — Page 77

Amendment of section 41D.

4.

(a)

3

Section 41D is amended

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".

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).

The combination of statutory holidays and annual leave days currently permitted to make up an annual period of 7 consecutive days of absence 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