Employer fined for failing to grant statutory holidays and
rest days
*********************************************************** Yip Man Professional Cleaning Services Company Limited was fined $42,000 at the Sha Tin Magistrates' Court recently for failing to grant statutory holidays and rest days -- offences under the Employment Ordinance. The prosecution was launched by the Labour Department.
The company, which is a government service contractor, is responsible for cleaning services in Lung Hang Estate, Sha Tin. During inspections by labour inspectors in January to March this year, it was found that the company failed to grant statutory holidays and rest days to five employees.
"We are very much concerned about government service contractors' compliance with the Employment Ordinance. Our labour inspectors check workplaces frequently to meet with workers and review their employment records in order to safeguard their rights," a department spokesman said today (September 13).
"From January to August this year, labour inspectors conducted 531 inspections to these service contractors, representing an increase of nearly 90% compared with the same period last year."
"In the first eight months of this year, the department prosecuted seven contractors and secured 41 convictions. The number of successful conviction cases has increased significantly compared with three convictions in the whole year of 2004," he said.
The spokesman pointed out that 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," he said.
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.
Any employer who fails to grant such rest days is liable to a maximum fine of $50,000 for each offence.
rest days
*********************************************************** Yip Man Professional Cleaning Services Company Limited was fined $42,000 at the Sha Tin Magistrates' Court recently for failing to grant statutory holidays and rest days -- offences under the Employment Ordinance. The prosecution was launched by the Labour Department.
The company, which is a government service contractor, is responsible for cleaning services in Lung Hang Estate, Sha Tin. During inspections by labour inspectors in January to March this year, it was found that the company failed to grant statutory holidays and rest days to five employees.
"We are very much concerned about government service contractors' compliance with the Employment Ordinance. Our labour inspectors check workplaces frequently to meet with workers and review their employment records in order to safeguard their rights," a department spokesman said today (September 13).
"From January to August this year, labour inspectors conducted 531 inspections to these service contractors, representing an increase of nearly 90% compared with the same period last year."
"In the first eight months of this year, the department prosecuted seven contractors and secured 41 convictions. The number of successful conviction cases has increased significantly compared with three convictions in the whole year of 2004," he said.
The spokesman pointed out that 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," he said.
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.
Any employer who fails to grant such rest days is liable to a maximum fine of $50,000 for each offence.
Ends/Tuesday, September 13, 2005
Issued at HKT 16:59
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