1964_EMPLOYMENT_ORDINANCE — Page 59

58

CAP. 57]

Annual leave shutdown

Employment

[1988 Ed.

41F. (1) Every employer who intends to close down his business or part thereof for the purpose of granting annual leave to any of his employees shall give one month's notice in writing of his intention so to do to every employee who will as a result have to take annual leave or otherwise stop work during the period of closure.

(2) The provisions of subsection (1) shall be deemed to be complied with if not later than one month before commencement of the period of closure, the employer exhibits in a conspicuous place in the place of employment notice of the closure and of the names of all employees who will as a result have to take annual leave or otherwise stop working, or in lieu of such names, a description or other details enabling such employees to be clearly identified.

(3) Every person who is an employee at the commencement of the period during which the business or part thereof is closed down for the purpose specified in subsection (1), and who is not otherwise entitled to annual leave pay in respect of any day during that period, shall be allowed that day as annual leave and shall be paid by the employer annual leave pay in respect thereof; and for the purposes of this Part any annual leave with pay allowed by reason only of this subsection shall be deemed to have been granted in respect of a period of 12 months employment under a continuous contract ending immediately before the period of closure.

(4)

Employer to keep annual leave records

41G. Every employer shall keep a record of

(a) the date of commencement and termination of—

(i) the employment of each employee;

(ii) all periods of annual leave taken by each employee; and (iii) all periods of closure of his business or part thereof for the purpose of granting any annual leave to any of his employees; and (b) all annual leave pay received by each employee.

(Part VIIIA added, 53 of 1977, s. 3)

PART IX

ANCILLARY PROVISIONS RELATING TO SICKNESS ALLOWANCE AND HOLIDAYS AND ANNUAL LEAVE WITH PAY

(Amended, 53 of 1977, s. 4)

Ordinary wages instead of holiday pay, annual leave pay, maternity leave pay or sickness allowance

42. Where, pursuant to the terms of his contract of employment or the terms of any other agreement or for any other reason, an employee is paid his ordinary wages in respect of any holiday, annual leave, maternity leave or sickness day, the employee shall not, in addition to such ordinary wages, be entitled to be paid holiday pay, annual leave pay, maternity leave pay or sickness allowance, as the case may be.

(Amended, 53 of 1977, s. 5 and 22 of 1981, s. 9)