Posted by
mlkh
20 yrs ago
My company just recently implemented a new policy where if a public holiday falls on our off day, we DO NOT get a make-up holiday.
My understanding so far is with red letter days this is OK, but with Government STATUTORY holidays, the company is obligated by law to allow a make-up holiday. Is this correct?
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I don't think they can do that. I am not a lawyer, but here is what the law says following its amendment in 2001 (Employment Ordinance Chapter 57, Section 39):
"Where a statutory holiday falls on a rest day, or in the case of an employee who is a young person, on a day on which, by virtue of the Employment of Young Persons (Industry) Regulations (Cap 57 sub. leg.), the employment of the employee in an industrial undertaking is not allowed, the employee shall be granted a holiday on the next day thereafter which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day; or (Amended 7 of 2001 s. 9)"
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mlkh
20 yrs ago
Thanks. I read all that, just wanted confirmation before I ask the suits.
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And the government has all the laws online at:
http://www.legislation.gov.hk/eng/home.htm
so you can print out the Cap & Sec, in case your employer disputes you.
Sounds like your employer is hoping that either people don't know the law or don't want to lose their jobs if they complain. And when companies do this kind of thing, they are either in financial trouble or suffer from bad management - or both.
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mlkh
20 yrs ago
Well I asked a coworker and he had no clue, which surprised me. Fingers crossed it's the same with the management. Though I suppose that doesn't sound very likely.
Will definitely print! Thanks!
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mlkh
20 yrs ago
Also, what's this "young person" stuff?
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For non-young persons, read the Section as:
Where a statutory holiday falls on a rest day, the employee shall be granted a holiday on the next day thereafter which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day;
Young persons working in industrial undertaking (i.e. not an office, etc.) are covered by additional legislation. For example, they are not permitted to work during a meal break. "Young persons" means a person who has attained the age of 15 years but not the age of 18 years.
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mlkh
20 yrs ago
Ah Ok. It's just a little confusing when they throw everything in there.
Laws should be written in simple sentences in numbered lists.
Thanks again.
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mlkh> If the laws were written in simple sentences then lay people like us would be able to understand them easily. Tsk, think of the anarchy which could result! ;-)
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