1964_EMPLOYMENT_ORDINANCE — Page 55

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CAP. 57]

Employment

[1988 Ed.

(g) the Chung Yeung (1) Festival;

(h) the Chinese Winter Solstice Festival (*) or Christmas Day, at

the option of the employer; and

(i) the first day of January. (Replaced, 53 of 1976, s. 2)

(2) An employer may, instead of granting an employee a holiday on a statutory holiday, grant the employee a holiday on another day (which is not a statutory holiday or a substituted holiday) within the period of 60 days immediately preceding or next following the statutory holiday, if the employer has notified the employee, either orally or in writing or by notice posted in a conspicuous place in the place of employment, of the day on which he will be granted the holiday-

(a) where the holiday is to be taken on a day within the period of 60 days immediately preceding the statutory holiday, not less than 48 hours before that day; or

(b) where the holiday is to be taken on a day within the period of 60 days next following the statutory holiday, not less than 48 hours before the statutory holiday.

(3) Subject to subsection (4), an employer and his employee may agree that another day shall be substituted for a statutory holiday or an alternative holiday or, in the case of a female employee or an employee who is a young person, a day on which, by virtue of subsection (4), the employee is required to be granted a holiday, if such substituted holiday falls within the period of 30 days of such statutory holiday, alternative holiday or holiday under subsection (4). (Amended, 27 of 1982, s. 2)

(4) Where-

(a) a statutory holiday or an alternative or a substituted holiday falls on a rest day, or in the case of a female employee or an employee who is a young person, on a day on which, by virtue of the Women and Young Persons (Industry) Regulations (Cap. 57, sub. leg.), the employment of the employee in an industrial undertaking is not allowed, the employee shall be granted a holiday on the next day thereafter which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day; or

(b) a statutory holiday falls on the Monday immediately following the birthday of Her Majesty The Queen or on the last Monday in August an employee shall be granted a holiday on the next day thereafter. (Replaced, 27 of 1982, s. 2. Amended, 33 of 1984, s. 2)

(5) In addition to the holidays granted by subsection (1) an employee shall each year be granted 2 holidays by his employer on days to be fixed by the employer not being holidays under subsection (1), alternative holidays or substituted holidays. (Replaced, 27 of 1982, s. 2)

(6) The days fixed as holidays under subsection (5) shall be notified by an employer to each of his employees by notice posted in a conspicuous place in the place of employment not later than the end of the year next preceding the year in which the holidays under subsection (5) are granted. (Amended, 27 of 1982, s. 2)

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