1964_EMPLOYMENT_ORDINANCE — Page 57

56

CAP. 57]

: Employment

[1988 Ed.

Rate of holiday pay

41. (1) Holiday pay shall be a sum equivalent to the wages which the employee would have earned if he had worked on the holiday.

(2) Notwithstanding subsection (1), where an employee is employed on piece rates or where the daily wages of an employee vary from day to day, the holiday pay shall be a sum equivalent to the average daily wage earned by the employee, and for the purposes of this subsection the average daily wage shall be the average of the daily wages earned by the employee on each day on which he worked during every complete wage period, comprising not less than 28 days and not more than 31 days, immediately preceding or expiring on the holiday or first day of the holidays.

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: Grant of annual leave

(Amended, 48 of 1984, s. 19) (Part VIII added, 39 of 1973, s. 5)

PART VIIIA

ANNUAL LEAVE WITH PAY

41A. (1) Subject to this Part, every employee shall, in respect of each period of 12 months employment under a continuous contract, be granted by his employer within the period of 12 months following the completion of that period of employment 7 days' annual leave with pay, and the time when the leave is so granted shall be appointed by the employer after consultation with the employee or his representatives.

(2) Every employer shall give his employee not less than 14 days' notice in writing of the time he has appointed for the grant of a period of annual leave, except where a shorter period of notice is agreed to by the employer and employee.

(3) The annual leave shall be granted by the employer and shall be taken by the employee within the period of 12 months during which that leave is required by subsection (1) to be granted on 7 consecutive days or, if the employee so requests, on 4 consecutive days, and the remaining days of annual leave, if any, shall be granted consecutively or separately in accordance with subsection (1). (Replaced, 11 of 1979, s. 2)

(4) If a rest day or holiday falls within any period of annual leave granted in accordance with this section, it shall be counted as annual leave and another rest day or holiday shall be substituted in accordance with section 18(5) or section 39(2), (3) or (4), as the case may require. (Replaced, 11 of 1979, s. 2)

(5) No period of total incapacity for work by reason of sickness or injury occurring during a period of annual leave shall count as part of that annual leave unless it commences after the commencement of the period of annual leave.

(6) For the avoidance of doubt it is declared that annual leave is, and shall be granted, in addition to the rest days, holidays and maternity leave to which an employee is entitled under this Ordinance. (Added, 11 of 1979, s. 2. Amended, 22 of 1981, s. 8)