1964_EMPLOYMENT_ORDINANCE — Page 56

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Employment

[CAP. 57

(7) An employer shall cause any notice posted under subsection (6) to remain so posted until the end of the year next following the year in which it was posted.

(8) If an employer does not fix one or both of the holidays under subsection (5) or notify a day or days so fixed in the manner required by subsection (6), such day or days shall, at the request of an employee, be granted as an additional day or additional days of annual leave with pay. (Replaced, 27 of 1982, s. 2)

(9) If an employee does not make a request under subsection (8) and an employer does not fix—

(a) either of the 2 holidays under subsection (5) or notify a day so fixed in the manner required by subsection (6), every employee shall be granted a holiday either on the Monday immediately following the birthday of Her Majesty The Queen or on the last Monday in August, whichever the employer may determine; or

(b) both the 2 days to be holidays under subsection (5) or notify the days so fixed in the manner required by subsection (6), every employee shall be granted holidays on the Monday immediately following the birthday of Her Majesty The Queen and on the last Monday in August. (Added, 27 of 1982, s. 2. Amended, 33 of 1984, s. 2)

(Amended, 53 of 1976, s. 2)

Payment of holiday pay

40. Subject to section 12(11), an employee who has been employed by his employer under a continuous contract for a period of 3 months immediately preceding a statutory holiday shall, not later than the day on which the employee is next paid his wages after that holiday, be paid by his employer holiday pay at the rate specified in section 41, whether the employee takes a holiday on the statutory holiday or on an alternative or substituted holiday or a holiday under section 39(4).

(Amended, 53 of 1976, s. 3; 71 of 1976, s. 6 and 48 of 1984, s. 17)

Restriction on pay in lieu of holiday

40A. (1) Subject to subsection (2), no payment of holiday pay payable under section 40, or other sum, shall be made in lieu of the grant of a holiday.

(2) Notwithstanding subsection (1), where a contract of employment of an employee is terminated, holiday pay in respect of a holiday granted as an alternative holiday or substituted holiday under section 39(2) or (3) prior to the termination of the contract of employment but falling after such termination shall be paid to that employee as soon as is practicable but in any case not later than 7 days after the day of termination; and such holiday pay shall be calculated in accordance with section 41(1) or (2) whichever is applicable to the employee as if the contract of employment had not been terminated.

(Added, 48 of 1984, s. 18)

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1988 Ed.] Employment [CAP. 57 55 (7) An employer shall cause any notice posted under subsection (6) to remain so posted until the end of the year next following the year in which it was posted. (8) If an employer does not fix one or both of the holidays under subsection (5) or notify a day or days so fixed in the manner required by subsection (6), such day or days shall, at the request of an employee, be granted as an additional day or additional days of annual leave with pay. (Replaced, 27 of 1982, s. 2) (9) If an employee does not make a request under subsection (8) and an employer does not fix— (a) either of the 2 holidays under subsection (5) or notify a day so fixed in the manner required by subsection (6), every employee shall be granted a holiday either on the Monday immediately following the birthday of Her Majesty The Queen or on the last Monday in August, whichever the employer may determine; or (b) both the 2 days to be holidays under subsection (5) or notify the days so fixed in the manner required by subsection (6), every employee shall be granted holidays on the Monday immediately following the birthday of Her Majesty The Queen and on the last Monday in August. (Added, 27 of 1982, s. 2. Amended, 33 of 1984, s. 2) (Amended, 53 of 1976, s. 2) Payment of holiday pay 40. Subject to section 12(11), an employee who has been employed by his employer under a continuous contract for a period of 3 months immediately preceding a statutory holiday shall, not later than the day on which the employee is next paid his wages after that holiday, be paid by his employer holiday pay at the rate specified in section 41, whether the employee takes a holiday on the statutory holiday or on an alternative or substituted holiday or a holiday under section 39(4). (Amended, 53 of 1976, s. 3; 71 of 1976, s. 6 and 48 of 1984, s. 17) Restriction on pay in lieu of holiday 40A. (1) Subject to subsection (2), no payment of holiday pay payable under section 40, or other sum, shall be made in lieu of the grant of a holiday. (2) Notwithstanding subsection (1), where a contract of employment of an employee is terminated, holiday pay in respect of a holiday granted as an alternative holiday or substituted holiday under section 39(2) or (3) prior to the termination of the contract of employment but falling after such termination shall be paid to that employee as soon as is practicable but in any case not later than 7 days after the day of termination; and such holiday pay shall be calculated in accordance with section 41(1) or (2) whichever is applicable to the employee as if the contract of employment had not been terminated. (Added, 48 of 1984, s. 18)

Baseline (Original)

1988 Ed.] Employment [CAP. 57 55 (7) An employer shall cause any notice posted under subsection (6) to remain so posted until the end of the year next following the year in which it was posted. (8) If an employer does not fix one or both of the holidays under subsection (5) or notify a day or days so fixed in the manner required by subsection (6), such day or days shall, at the request of an employee, be granted as an additional day or additional days of annual leave with pay. (Replaced, 27 of 1982, s. 2) (9) If an employee does not make a request under subsection (8) and an employer does not fix-- (a) either of the 2 holidays under subsection (5) or notify a day so fixed in the manner required by subsection (6), every employee shall be granted a holiday either on the Monday immediately following the birthday of Her Majesty The Queen or on the last Monday in August, whichever the employer may determine; or (b) both the 2 days to be holidays under subsection (5) or notify the days so fixed in the manner required by subsection (6), every employee shall be granted holidays on the Monday immediately following the birth- day of Her Majesty The Queen and on the last Monday in August. (Added, 27 of 1982, s. 2. Amended, 33 of 1984, s. 2) (Amended, 53 of 1976, s. 2) Payment of holiday pay 40. Subject to section 12(11), an employee who has been employed by his employer under a continuous contract for a period of 3 months immediately preceding a statutory holiday shall, not later than the day on which the employee is next paid his wages after that holiday, be paid by his employer holiday pay at the rate specified in section 41, whether the employee takes a holiday on the statutory holiday or on an alternative or substituted holiday or a holiday under section 39(4). (Amended, 53 of 1976, s. 3; 71 of 1976, s. 6 and 48 of 1984, s. 17) Restriction on pay in lieu of holiday 40A. (1) Subject to subsection (2), no payment of holiday pay payable under section 40, or other sum, shall be made in lieu of the grant of a holiday. (2) Notwithstanding subsection (1), where a contract of employment of an employee is terminated, holiday pay in respect of a holiday granted as an alternative holiday or substituted holiday under section 39(2) or (3) prior to the termination of the contract of employment but falling after such termination shall be paid to that employee as soon as is practicable but in any case not later than 7 days after the day of termination; and such holiday pay shall be calculated in accordance with section 41(1) or (2) whichever is applicable to the employee as if the contract of employment had not been terminated. (Added, 48 of 1984, s. 18)

2026-05-04 16:22:42 · Baseline

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