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The Labour Department reminds employers and employees that the Government has, by legislation, designated September 3, 2015 - the 70th anniversary day of the victory of the Chinese people's war of resistance against Japanese aggression - on a one-off basis as an additional Statutory Holiday (SH) and General Holiday for 2015. Employers must grant the SH to employees.
A spokesman for the Labour Department said, "September 3, 2015, is an SH under the Employment Ordinance (EO). Employers of all employees covered by the EO, including those of imported workers and foreign domestic helpers, irrespective of the hours of work or length of service of the employees, should arrange for the employees to take the SH on that day, or make alternative arrangements as specified by the law. They should also pay holiday pay to employees who have been employed under a continuous contract for three months or more before the SH."
The spokesman added that, "According to the EO, if an employer cannot arrange for an employee to have a holiday on the day of an SH, he may arrange for the employee to take an alternative holiday within 60 days before or after the SH, and give notice to the employee as follows: (i) If the alternative holiday is arranged within 60 days before the SH, the notice should be given not less than 48 hours before the alternative holiday. (ii) If the alternative holiday is arranged within 60 days after the SH, the notice should be given not less than 48 hours before the SH. Furthermore, the employer and the employee may agree that a day within 30 days before or after the SH or an alternative holiday be taken by the employee as a substitute holiday.
There are only three weeks from today till September 3. The spokesman reminded employers to have early communication with their employees on the arrangements of the SH, and give sufficient notice to employees as required by the EO if an alternative holiday or substitute holiday is to be arranged. He also reminded that employers must pay holiday pay to eligible employees. Failure to grant an SH or holiday pay to an employee is a prosecutable offence, with a maximum penalty of $50,000.
Employers and employees may refer to "A Concise Guide to the Employment Ordinance" for more information about SH and holiday pay. The Concise Guide is available at the branch offices of the department's Labour Relations Division, and may also be downloaded from the department's homepage at www.labour.gov.hk or www.labour.gov.hk/tc/public/ConciseGuide.htm. For further information, employers and employees may call the enquiry hotline at 2717 1771 (handled by 1823).
Ends/Friday, August 14, 2015
Issued at HKT 12:01
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