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Lee Kwan Cleaning Service Company Limited was fined $44,000 at the Shatin Magistrates' Courts today (August 23) for contravening the Employment Ordinance in making payment in lieu of granting statutory holidays to its employees. The prosecution was launched by the Labour Department.
The company is a government service contractor. During an inspection by labour inspectors in December last year, it was found that the company failed to grant three statutory holidays to 11 employees. It was also found that the company had paid an additional sum to the 11 employees in lieu of granting the statutory holidays.
Section 40A(1) of the Employment Ordinance stipulates that no holiday payment, or other sum, should be made in lieu of the grant of a holiday.
According to Section 39 of the ordinance, 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 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 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 do so is liable to a maximum fine of $50,000.
Ends/Wednesday, August 23, 2006
Issued at HKT 19:52
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