forced holiday?



ORIGINAL POST
Posted by Donnialda 19 yrs ago
Is it legal for my employer to proclaim a 'forced holiday' for a day that my school was closed, I was available for work but was not assigned anywhere, but I did not claim it as a vacation day personally. According to the contract I signed, I have a choice whether to take my holiday during December or February school closings. I was planning on February. But when my company saw that my school was closed for two weeks in December, I guess they changed their mind and claimed any day I did not work, requested or not, I would have to take that as one of my vacation days.


I already know it doesn't SOUND right. But is there a law written somewhere that can back me up? Please tell me where to research here.

THANKS!

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COMMENTS
Claire 19 yrs ago
The Employment Ordinance (Cap. 57) covers this; Sec. 41AA for Annual Leave and Sec. 41F for Annual Leave Shutdown. Some information below which may be pertinent but it might be best to read both Sections yourself to be sure.


Under Sec. 41AA:

(3) Subject to subsection (5)(c), times at which annual leave is granted shall be determined by the employer after consultation with the employee concerned or his representatives.

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


Under Sec. 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.


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