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Sun Wong Restaurant Limited was fined $12,000 at the Kowloon City Magistrates' Courts today (May 28) for holiday offences under the Employment Ordinance.
During an inspection by labour inspectors in February, it was found that the employer of the restaurant failed to grant two statutory holidays - the Chinese Winter Solstice Festival on December 22, 2006, and the first day of January in 2007 - to six employees. The Labour Department subsequently launched prosecution proceedings against the restaurant.
Under Section 39 of the Employment Ordinance, all employees, irrespective of their length of service, are entitled to 12 statutory holidays a year.
If an employee is required to work on a statutory holiday, his employer must arrange an alternative holiday within 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.
Any employer who fails to grant statutory holidays is liable to a maximum fine of $50,000 for each offence.
Ends/Monday, May 28, 2007
Issued at HKT 18:00
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