The Hong Kong Labour Department has reminded employers and employees that this coming Thursday (September 3) is the 70th anniversary day of the victory of the Chinese people’s war of resistance against Japanese aggression.
The government has, by legislation, designated that day on a one-off basis as a Statutory Holiday (SH) and General Holiday for 2015. Employers, including retailers, must grant the SH to employees.
A spokesman for the Labour Department said 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: “Employers who have not yet arranged for their employees to take this SH should do so as soon as possible. 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 after the SH, provided that he has notified the employee not less than 48 hours before the SH.
“If an employer intends to arrange for his employee an alternative holiday within 60 days after the SH on this Thursday but has not yet given notice to his employee, he should give such notice by August 31 (today) at the latest. 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.”
The spokesman also reminded employers they 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).