1964_EMPLOYMENT_ORDINANCE — Page 54

1988 Ed.]

Employment

[CAP. 57

53

(2) If an employer maintains a record under subsection (1)—–

(a) an employee who returns to work after a sickness day shall, as soon as is practicable but not later than 7 days after his return to work, sign the entry in the record specifying the days on which he has been absent;

(b) an employee shall be entitled to inspect that part of the record which relates to him at any reasonable time during working hours and, where an employee has ceased to be employed by his employer, he may inspect that part of the record which relates to him at any reasonable time during working hours in the period of 2 months next following the date on which he ceased to be employed.

(3) If an employer fails to maintain the record under subsection (1) in respect of any employee employed by him, or if the record is lost or destroyed, the employee shall, notwithstanding any sickness allowance paid to him by his employer under section 33, be entitled to paid sickness days for each completed month of his employment in accordance with section 33. (Amended, 57 of 1983, s. 6)

Records to be produced to Commissioner

38. For the purposes of section 37, the Commissioner may, either by notice in writing served by registered post or by notice in the Gazette, require any employer or class of employers to send to him all or any records of sickness days in respect of any period not exceeding 2 years preceding the date of the notice.

PART VIII

(Part VII added, 39 of 1973, s. 5}

HOLIDAYS WITH PAY

Grant of holidays

39. (1) Subject to subsections (2) and (3), an employee shall be granted a holiday by his employer on each of the following days-

(a) Lunar New Year's Day or, if Lunar New Year's Day or the second or third day of Lunar New Year falls on a Sunday, then the day immediately preceding Lunar New Year's Day; (Amended, 27 of 1982, s. 2)

(b) the second day of Lunar New Year;

(c) the third day of Lunar New Year;

(d) Ching Ming (M) Festival;

(e) Tuen Ng (4, Dragon Boat) Festival;

(f) the day following the Chinese Mid-Autumn (4) Festival or, if that day falls on a Sunday, the Chinese Mid-Autumn Festival Day; (Amended, 27 of 1982, s. 2);