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Wai Hong Cleaning & Pest Control Company Limited was fined $28,000 at the Kwun Tong Magistrates' Courts today (January 5) for failing to grant statutory holidays and rest days - offences under the Employment Ordinance. The prosecution was launched by the Labour Department.
The company is a government service contractor. During an inspection by labour inspectors in August last year, it was found that the company failed to grant rest days and statutory holidays -- Tuen Ng Festival and Hong Kong Special Administrative Region Establishment Day -- to two employees.
Under the Employment Ordinance, all employees, irrespective of their length of service, were entitled to 12 statutory holidays a year.
According to Section 39 of the Employment Ordinance, if an employee is required to work on a statutory holiday, his employer must arrange an alternative holiday within the 60 days before or after the statutory holiday.
If the alternative holiday is to be granted within the 60 days before the statutory holiday, at least 48 hours' prior notice must be given to the employee before the alternative holiday. If the alternative holiday is to be granted within the 60 days after the statutory holiday, the 48 hours' prior notice must be given before the statutory holiday.
If the employer and employee agree, any day within 30 days of the statutory or alternative holiday may be taken by the employee as a substituted holiday.
In addition, Section 17 of the ordinance stipulates that an employee employed under a continuous contract is entitled to at least one rest day in every seven-day period. Also, rest days must be in addition to any statutory holiday, or alternative holiday or substituted holiday, to which an employee is entitled under Section 39.
A rest day is defined as a continuous period of not less than 24 hours during which an employee is entitled to abstain from working for his employer.
Any employer who fails to grant statutory holidays and rest days is liable to a maximum fine of $50,000 for each offence.
Ends/Thursday, January 5, 2006
Issued at HKT 17:51
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