***********************************************************
With the approach of two statutory holidays for the Chinese Winter Solstice Festival (December 22) or Christmas Day (December 25) (at the option of the employer), and the first day of January next year, the Labour Department reminded employers to grant statutory holidays to their employees in accordance with the Employment Ordinance.
According to section 39 of the ordinance, an employee, irrespective of his length of service, is entitled to 12 statutory holidays a year. If the employee has been employed under a continuous contract for not less than three months immediately preceding a statutory holiday, he is entitled to the holiday pay. An employer must not make any form of payment to an employee in lieu of granting him a holiday.
An employer who fails to grant statutory holidays, or fails to pay holiday pay to an employee is liable to prosecution and, upon conviction, to a maximum fine of $50,000.
If employers are unable to grant holiday to employees on the statutory holiday due to operational needs, they must arrange alternative holiday for the employees. Employers may call the 24-hour enquiry hotline at 2717 1771 to obtain more information about the statutory requirement regarding the arrangement of alternative holidays under the ordinance.
Employees who are not granted statutory holidays should report to the Labour Department’s Complaint Hotline at 2815 2200. All information provided will be handled in confidence.
Ends/Sunday, December 16, 2007
Issued at HKT 14:01
NNNN
