TNAG-2816-FCO40-4062-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 41

Article 4

the

Under section 19(2) of

Employment Orüinanec, an employer may require an cmployee to work on his rest day if it is necessary to ủo so by reason of. a breakdown of machinery or plant or other unforeseen emergency of any nature.

By virtuc of section 20 of the Employment Ordinance, an employee way, at his own request and if the employer agrees, work for his employer on a rest Jay. Similarly, an cumployee may, at the request of his employer, work for his cmployer on a rcst day. Section 21 of the ordinance stipulates that any condition in a contract of cmployment which makes the payment of an annual bonus or any end of year payment or any proportion thereof subject to working on rest days granted by the ordinance shall be void.

'The above cxccptions allowing employees to work on their rest days do not apply to women and young "persons who are covered by the Women and Young Persons (Industry) Regulations.

Article 5

•

Undcr section 19(3) of the Employment Ordinance, if an employee is requirca to work on; his rest day by reason of a breakdown of machinery or plant or other unforcsccn cmergency, the employer is required to give a substituted rest day within the period of 30 days next following. Notice of the substituted rest day shall be given to the caployee within 48 hours after the cmployee is so required to work.

However, by virtuc work voluntarily on

compensatory rest

a rest perioa

of section 20 of the ordinance, an employee may day. There is no statutory requirement that a should OC granted. This is a registered modification. The flexibility of allowing an employee to work on a rest day is appreciated by workers.

concerned, the Women

and

As far as women and young persons in industrial cmployment arc Young Persons (Industry) Regulations stipulate that wockly rcst days must be provided and can only be changed by giving not less than 48 hours' advanced notice to the Commissioner for Labour.

Article 6

follows:

The exceptions madc under Articles 3 and 4 of this convention are as

(a)

(b)

(၁)

à person

who is a member of the family of the proprietor of the business in which hc is cmployed and who dwells in the same dwelling as the proprietor (total exception);

any cumployce, other than a woman or young person working in an in ustrial undcrtcking, who is required to work on his rost day of machinery or plant or other

על

reason of a breakdown

unforeseen cincrgency of any nature (suspension); ^nd

any employee, other than a woman or young person working in an industrial undertaking, who works voluntarily on rest days (modification).